Part 1 Preliminary
1 Name of Regulation
This Regulation is the Fire Brigades (General) Regulation 1997.
2 Commencement
This Regulation commences on 1 September 1997.
3 Definitions
In this Regulation:approved means approved by the Commissioner.Commissioner’s Orders means the written instructions in force under clause 4.corrupt conduct has the same meaning as it has in Part 3 of the Independent Commission Against Corruption Act 1988.departmental property includes property that is used by or for the purposes of a fire brigade.fire appliance means any vehicle that forms part of the equipment of a fire brigade and that is equipped with an audible warning device and flashing lights.firefighter means a permanent firefighter or a retained firefighter.officer means a firefighter of a rank that, by operation of clause 7 (2), is an officer rank for the purposes of this Regulation.officer in charge has the meaning given by section 3 (1) of the Act.permanent firefighter means a member of the permanent fire brigade.retained firefighter means a member of a volunteer fire brigade.Service means the service comprising all fire brigades established under the Act.station means a fire brigade station.the Act means the Fire Brigades Act 1989.
4 Commissioner’s Orders
(1) The Commissioner may, by order in writing, issue instructions with respect to the efficiency, discipline and good conduct of firefighters.(2) The instructions may be published under the title of “In Orders” or “Standing Orders”.(3) The Commissioner must take steps to ensure that all current In Orders and Standing Orders are brought to the attention of all firefighters.
5 Areas of operation
(1) The Commissioner is to assign to each fire brigade a fire district or part of a fire district within which the brigade is responsible for preventing and extinguishing fires.(2) A brigade may operate beyond the area assigned to it, in accordance with the Commissioner’s Orders, at the discretion of the officer in charge of the brigade.
6 Notes
The explanatory note and table of contents do not form part of this Regulation.
Part 2 Appointments and conditions of service
7 Ranks of firefighter
(1) The Commissioner may establish such ranks of firefighters as the Commissioner considers appropriate.(2) Any rank declared by the Commissioner to be an officer rank is an officer rank for the purposes of this Regulation.
8 Appointments to the permanent fire brigade
(1) An application for appointment as a permanent firefighter must be in the approved form.(2) Before appointing an applicant as a permanent firefighter, the Commissioner must be satisfied that the applicant:(a) is medically and psychologically fit to exercise the functions of a permanent firefighter, and(b) has passed an examination or assessment set or nominated by the Commissioner for appointment as a permanent firefighter, and(c) holds a current driver licence under the Road Transport (Driver Licensing) Act 1998, and(d) is of good character, and(e) is otherwise suitable for employment as a permanent firefighter.(3) A successful applicant is to be appointed:(a) except in the case of a former permanent firefighter, as a recruit firefighter, or(b) in the case of a former permanent firefighter, to such rank as the Commissioner considers appropriate to the applicant’s skill and experience.cl 8: Am 1999 No 19, Sch 3.8 [1].
9 Appointments to volunteer fire brigades
(1) An application for appointment as a retained firefighter must be in an approved form addressed to the officer in charge of the relevant brigade.(2) The officer in charge must send the application, accompanied by the officer’s recommendation, to the Commissioner.(3) Before appointing an applicant as a retained firefighter, the Commissioner must be satisfied that the applicant:(a) is medically and psychologically fit to exercise the functions of a retained firefighter, and(b) has achieved satisfactory educational qualifications, and(c) holds a current driver licence under the Road Transport (Driver Licensing) Act 1998, and(d) is of good character, and(e) is otherwise suitable for employment as a retained firefighter.cl 9: Am 1999 No 19, Sch 3.8 [2].
10 Examinations and assessments
The Commissioner may set or nominate such examinations or assessments as the Commissioner considers appropriate as a requirement for promotion, transfer or appointment to a position.
11 Termination of appointments
(1) The Commissioner may terminate a firefighter’s appointment as a firefighter or as a firefighter of a particular rank:(a) if the firefighter is no longer medically or psychologically fit to exercise the functions of a firefighter or of a firefighter of that rank, or(b) if the firefighter is no longer a suitable person to exercise the functions of a firefighter or of a firefighter of that rank.(2) The Commissioner may terminate the services of any retained firefighter who, except when on approved leave or other authorised absence:(a) fails to attend drills appointed by the Commissioner or the officer in charge of the firefighter’s station for 3 consecutive months, or(b) fails to attend the approved number or proportion of drills, fires or other incidents in any period of 6 months.(3) The termination of a firefighter’s appointment to a particular rank operates to demote the firefighter to a rank determined by the Commissioner.(4) The Commissioner must cause notice of the reasons for a termination of appointment as a firefighter or demotion of a firefighter to be given to the firefighter.
12 Leave
The granting of all leave is subject to the approval of the Commissioner.
Part 3 Firefighters’ duties
13 Contraventions of Part 3
A contravention of this Part does not give rise to an offence but may be the subject of disciplinary proceedings under Part 4.
14 Firefighters to acquire and maintain knowledge of legislation, orders and duties
(1) A firefighter must acquire and maintain a thorough knowledge of, and must comply with the requirements of, the Act, this Regulation and the Commissioner’s Orders.(2) A firefighter must acquire and maintain the knowledge and skills that are relevant to the performance of the firefighter’s duties.
15 Honesty and truthfulness
(1) A firefighter must act honestly and truthfully in the performance of the firefighter’s duties.(2) In particular, a firefighter must not in the capacity of a firefighter:(a) wilfully or negligently make a false or misleading statement to a person, or(b) knowingly make a false or misleading statement in any official document, record or book, or(c) without good and sufficient cause, destroy or mutilate any official document, record or book, or alter or erase any entry in it, or(d) fail to account promptly for any money or property that comes into the firefighter’s possession during the course of the firefighter’s duties, or(e) otherwise be concerned, whether directly or indirectly, in corrupt conduct.
16 Duty to obey orders and act fairly and responsibly
A firefighter must not:(a) disobey any lawful order given by a person in authority over the firefighter, or(b) be disrespectful or insolent to a person in authority over the firefighter, or(c) abuse the firefighter’s authority by acting oppressively towards a subordinate, or(d) without good and sufficient reason, be absent from duty or be late for any parade, drill or other required attendance, or(e) by negligence or otherwise, allow any loss, damage or injury to occur to any person or property, or(f) fail to report any matter, or make an entry in a book or document, that it is the firefighter’s duty to report or make.
17 Unacceptable behaviour
(1) A firefighter must not:(a) come on duty while under the influence of alcohol or a drug, or(b) while on duty, consume, use or possess any alcohol or drug, or(c) while on duty, gamble in circumstances that adversely affect the discipline or efficiency of the Service, or(d) smoke at a fire or drill, on any departmental premises, in any departmental vehicle or, while in uniform, in any public place, or(e) while off duty, enter or remain on station premises without authority, or(f) by words or action, behave in a manner that is subversive of discipline or calculated to bring discredit on the Service.(2) The officer in charge of a station may refuse to permit a firefighter to come on duty if of the opinion that the firefighter is under the influence of alcohol or a drug to the extent that the firefighter is unable to exercise the functions of a firefighter.(3) In this clause:drug has the same meaning as it has in the Road Transport (Safety and Traffic Management) Act 1999 (paragraph (a) of the definition of drug in the Dictionary of that Act excepted).cl 17: Am 1999 No 19, Sch 3.8 [3].
18 Damage or misuse of departmental property
(1) A firefighter must not wilfully or negligently damage any departmental property or fail to report promptly any such damage, however caused.(2) A firefighter must not use a fire appliance or other departmental property for an unauthorised purpose or be concerned, whether directly or indirectly, in its unauthorised use.
19 Uniforms
Uniform may be worn by a firefighter only in accordance with the Commissioner’s Orders.
20 Loss or damage to uniform or personal equipment
(1) A firefighter:(a) must take care of all articles of uniform and personal equipment issued to the firefighter, and(b) may be required to meet the replacement cost of any article of uniform or equipment damaged or lost through the firefighter’s negligence.(2) Before a firefighter leaves the Service, the firefighter must return all departmental property, uniform and equipment that is in the firefighter’s possession, other than any article of uniform or equipment that the Commissioner permits the firefighter to retain.(3) The Commissioner may require a firefighter who fails to return any such property or who returns it in a damaged condition (other than damage due to fair wear and tear) to pay compensation for the loss or damage.(4) The amount of any such loss or damage may be offset from any money due to the firefighter with respect to the firefighter’s service.
21 Solicitation, acceptance or retention of rewards or other benefits
A firefighter must not:(a) directly or indirectly solicit or accept a pecuniary or material reward in connection with the exercise of the firefighter’s functions, orwithout the prior written permission of the Commissioner.(b) retain any money received as a gratuity or payment from any person, or accept any address, presentation or testimonial, in connection with the firefighter’s official position,
22 Confidential information
A firefighter must not disclose any information obtained in the firefighter’s capacity as a firefighter unless the disclosure is made:(a) in the exercise of the firefighter’s functions, or(b) about factual matters that are generally available to the public, or(c) by an approved officer or firefighter to media representatives concerning operations at a fire or other incident, or(d) at the direction or with the permission of the Commissioner, or(e) with other lawful excuse.
23 Public comment on administration
A firefighter must not comment publicly on the administration of the Department, except with the approval of the Commissioner.
24 Incompatible activities
A firefighter must not engage in any activity outside the firefighter’s duties as a firefighter if to do so would be incompatible with the performance of those duties.
25 Duties of firefighters
The functions of each rank of firefighters are those determined for the time being by the Commissioner.
26 Performance of duties
(1) A firefighter must attend such drills as may be appointed by the Commissioner or the officer in charge of the firefighter’s station.(2) A firefighter must perform such firefighting or other duties as the firefighter is lawfully directed to perform.(3) A firefighter must serve wherever the firefighter is directed by the Commissioner.
27 Recall of off-duty firefighters
(1) A firefighter who is off duty (including a firefighter who is on leave) may be recalled to duty in an emergency unless the firefighter is on sick leave, in court or subject to a subpoena to appear in court.(2) A firefighter must ensure that the Commissioner is kept aware of where and how the firefighter may be contacted in an emergency.
28 Calls to fires, hazardous material incidents or other emergencies
A firefighter receiving a call to a fire, hazardous material incident or other emergency is responsible for recording the details and alerting the station firefighters immediately of the call.
29 Occurrence book
The officer in charge of a station must ensure that:(a) all events of significance relating to the operation of the station, andare recorded in an occurrence book maintained at the station.(b) all other matters required by this Regulation or the Commissioner’s Orders to be so recorded,
30 Absence of firefighter from station
(1) A firefighter who is on duty at a station must not leave the station without the permission of the officer in charge of the station or, if the firefighter is an officer, a more senior officer.(2) A firefighter who leaves a station must record in the occurrence book the fact of the absence, the reason for the absence and the name of the person giving permission to leave the station.(3) This clause does not apply to a firefighter who leaves the station to attend to a fire call or other incident or to engage in official duties away from the station.
31 Response of fire appliances
When responding to a call to a fire, hazardous material incident or other emergency the driver of a fire appliance must operate the appliance’s lights and audible warning devices to give the best practicable warning to the public.
32 Security on fire duty and watch duty
A firefighter on fire duty or watch duty at the site of a fire, hazardous material incident or other emergency must:(a) ensure that:(i) any premises at the site are not entered, andotherwise than by persons who can establish their identity and authority to do so, and(ii) goods are not interfered with or removed from any such premises,(b) report any breach of security to the officer in charge at the site.
Part 4 Disciplinary provisions
Division 1 Misconduct
33 Definition
In this Part:nominated officer means an officer nominated by the Commissioner for the purposes of this Part.
34 Misconduct
A firefighter is guilty of misconduct if the firefighter:(a) contravenes a provision of Part 3, or(b) commits an offence (other than an offence of a trivial nature) in New South Wales or elsewhere, whether or not the firefighter is prosecuted or convicted for the offence.
35 Complaints of misconduct
(1) A firefighter may make a complaint in writing to the Commissioner that another firefighter is guilty of misconduct.(2) A complaint that does not concern corrupt conduct must be lodged:(a) through the chain of command, or(b) if the complaint relates to the officer in charge of the firefighter, with the officer in charge’s immediate superior.(3) If the nominated officer decides to act on a complaint, the firefighter against whom the complaint is made must be given a copy of it.(4) Any firefighter dealing with a complaint must treat the information as strictly confidential and on no account divulge it to anyone otherwise than in accordance with this Part or as permitted by the Commissioner.
Division 2 Suspension of permanent firefighters
36 Suspension of permanent firefighter
(1) An officer authorised by the Commissioner for the purposes of this clause may suspend a permanent firefighter from duty if:(a) the officer is of the opinion that the permanent firefighter is guilty of misconduct, or(b) the permanent firefighter has been taken into police custody or is in prison on remand.(2) A permanent firefighter may be suspended under subclause (1) whether or not a complaint of misconduct has been made against the firefighter.(3) A permanent firefighter may not be suspended unless all reasonable steps have been taken to ensure that the firefighter has been informed of the reason for the suspension and has been given an opportunity to respond.(4) A suspension under this clause has effect for the period (not exceeding 14 days) specified by the authorised officer and may be terminated at any time by the Commissioner.(5) If a suspension relates to the absence from duty of a permanent firefighter without authority, the suspension is taken to have commenced when the unauthorised absence began, unless the Commissioner determines otherwise.(6) An officer who suspends a permanent firefighter must, as soon as practicable, report the suspension and the reason for it to the Commissioner.
37 Commissioner to deal with suspension
(1) After considering the report submitted by an officer who has suspended a permanent firefighter and any submission made by or on behalf of the firefighter, the Commissioner may, by order, confirm or terminate the suspension.(2) The Commissioner may not confirm a suspension unless proceedings have been initiated (whether under this Part or otherwise) in respect of the matters giving rise to the suspension.(3) Any suspension confirmed under this clause has effect for the period specified in the relevant order and may be terminated at any time by the Commissioner.
38 Payment during suspension under clause 36 (1) (a)
(1) Payment of a permanent firefighter is not to be stopped during a suspension under clause 36 (1) (a) that has not been confirmed, but is to be stopped during such a suspension that has been confirmed, unless otherwise determined by the Commissioner.(2) If satisfied that the circumstances so warrant, the Commissioner may approve a maintenance payment to a permanent firefighter under a suspension that has been confirmed of such amount (up to 100 per cent of full pay) and for such period as the Commissioner may direct.(3) A permanent firefighter in respect of whom a complaint of misconduct is dismissed is to be reimbursed for pay lost during any period of suspension less any maintenance paid during that period.(4) If a permanent firefighter under suspension is found guilty of misconduct, the Commissioner may approve the reimbursement of such part of any pay lost during the suspension as the Commissioner may direct.(5) Nothing in this clause prevents a permanent firefighter under suspension without full maintenance payment from working outside the Service during the period of suspension.
39 Payment of permanent firefighter in custody or on remand
A permanent firefighter held in police custody or in prison on remand is not eligible for payment while suspended unless otherwise determined by the Commissioner.
Division 3 Inquiries into complaints of misconduct against permanent firefighters
40 Preliminary inquiry into conduct of permanent firefighter
(1) The nominated officer may conduct, or may direct another officer to conduct, a preliminary inquiry into a complaint of misconduct against a permanent firefighter.(2) A preliminary inquiry may not be conducted by an officer of the station to which the firefighter is attached.(3) A preliminary inquiry is to be conducted in accordance with the Commissioner’s Orders or, with respect to any matter for which those Orders do not provide, in such manner as the nominated officer may direct or, subject to any such direction, as the officer conducting the inquiry thinks fit.(4) A formal hearing is not to be held and witnesses are not to be called for examination.(5) The firefighter to whom the complaint relates may make written representations or, if the officer conducting the inquiry so permits, oral representations on any matter relevant to the inquiry.(6) A firefighter who is permitted to make oral representations is entitled to be accompanied by an observer, chosen by the firefighter, while the representations are made.(7) An officer conducting a preliminary inquiry at the direction of the nominated officer must report the result of the inquiry to the nominated officer within the time set by the nominated officer.
41 Where action against permanent firefighter required
(1) If the nominated officer considers (as a result of a preliminary inquiry or otherwise) that action should be taken against a permanent firefighter in respect of a complaint of misconduct, the nominated officer may prefer a departmental charge against the firefighter.(2) A departmental charge is to be prepared in writing setting out the grounds of the alleged misconduct and a copy is to be served on the firefighter against whom the charge is made.(3) The firefighter, or a duly authorised representative of the firefighter, is to be allowed to read, and to take copies or extracts of, the relevant portions of the departmental file or preliminary inquiry report and any other papers held by the Department in relation to the charge.(4) The firefighter must, within 7 working days after being served with a copy of the charge, report to the nominated officer in writing whether the firefighter admits or denies the charge.(5) If the charge is admitted by the firefighter, submissions may be made to the nominated officer by or on behalf of the firefighter (either orally or in writing) in mitigation of penalty.(6) The nominated officer must send any such submissions to the Commissioner.
42 Formal inquiry
(1) If the firefighter denies the charge or does not admit or deny the charge within 7 working days after being served with a copy of it, the nominated officer is to conduct, or direct another officer to conduct, a formal inquiry under this clause.(2) The defendant may appear at the inquiry in person or by a barrister, solicitor or agent.(3) The inquiry may be conducted in the absence of the defendant if the defendant fails to attend the inquiry and if the officer conducting the inquiry is satisfied that the defendant has been served with reasonable notice of the time and place for the inquiry.(4) Service of any such notice may be proved by the oath of the person who served the notice or by affidavit.(5) The officer conducting the inquiry:(a) is to conduct the inquiry in accordance with the Commissioner’s Orders or, with respect to any matter for which those Orders do not provide, in such manner as the nominated officer may direct or, subject to any such direction, as the officer conducting the inquiry thinks fit, and(b) is not bound by any law, rules or practice of evidence, and(c) may be informed of any matter in such manner as the officer thinks fit, and(d) must cause a transcript to be prepared of the proceedings of the inquiry.(6) The officer conducting the inquiry:(a) may require any firefighter or member of staff of the Department to appear before the officer and to give evidence, and(b) may require any firefighter or member of staff of the Department to produce to the officer any document or thing relevant to the inquiry.(7) A person who fails to comply with a requirement under subclause (6) is guilty of an offence.Maximum penalty: 5 penalty units.(8) The defendant is entitled to inspect any document or thing furnished under this clause.
43 Formal inquiry report
(1) An officer conducting an inquiry at the direction of the nominated officer must cause a report of the officer’s findings and recommendations, together with the transcript of the proceedings and any document or thing admitted in evidence, to be sent to the nominated officer.(2) The nominated officer may make further recommendations concerning the findings of the inquiry and must inform the defendant of any recommendations so made.(3) The nominated officer must cause the report of the findings of a formal inquiry, together with any associated recommendations, transcripts or evidence, to be sent to the Commissioner.(4) Written submissions (including submissions in mitigation of penalty) may be made to the Commissioner, by or on behalf of the defendant, within such time as the Commissioner allows.(5) If the defendant is found not guilty of misconduct, the nominated officer must terminate any suspension of the defendant immediately.
Division 4 Disciplinary action against permanent firefighters
44 Disciplinary action by Commissioner
(1) The Commissioner may deal with a permanent firefighter who has been found guilty of misconduct in any one or more of the following ways:(a) by giving the firefighter a caution or reprimand,(b) by imposing on the firefighter a fine not exceeding 10 penalty units,(c) by demoting the firefighter,(d) by dismissing the firefighter from the Service.(2) The Commissioner is not to impose a fine if the firefighter has been convicted by a court of an offence arising out of the same facts as the departmental charge.(3) The Commissioner may remove any record of disciplinary action taken under subclause (1) (a) or (b) from a firefighter’s personal record if the firefighter has been of good behaviour for at least 2 years since the taking of the action.(4) The Commissioner may suspend disciplinary action taken against a firefighter under subclause (1) (a), (b) or (c) for a period not exceeding 2 years on condition that the firefighter is of good behaviour during that period.(5) The Commissioner may permit a firefighter to resign instead of taking disciplinary action under subclause (1) (d).
45 Fines
(1) The amount of any fine imposed on a permanent firefighter under this Division may, subject to this clause, be deducted from any money (including wages) due to the firefighter with respect to the firefighter’s service.(2) A fine is not to be deducted from the firefighter’s pay until after 30 days from when the Commissioner’s determination has been made known to the firefighter.(3) Any application made after that period for time to pay is to be considered and, if an appeal is lodged with the Government and Related Employees Appeal Tribunal against the imposition of a fine, deductions from the firefighter’s pay towards payment of the fine are not to be made pending determination of the appeal.
46 Action following court appearance
If a permanent firefighter is found guilty of an offence by a court, the Commissioner may take action against the firefighter as if the firefighter had been found guilty of misconduct by an inquiry under this Part.
Division 5 Suspension of retained firefighters
47 Suspension of retained firefighter
(1) An officer authorised by the Commissioner for the purposes of this clause may suspend a retained firefighter from duty if:(a) the officer is of the opinion that the retained firefighter is guilty of misconduct, or(b) the retained firefighter has been taken into police custody or is in prison on remand.(2) A retained firefighter may be suspended under subclause (1) whether or not a complaint of misconduct has been made against the firefighter.(3) A retained firefighter may not be suspended unless all reasonable steps have been taken to ensure that the firefighter has been informed of the reason for the suspension and has been given an opportunity to respond.(4) If a suspension relates to the absence from duty of a retained firefighter without authority, the suspension is taken to have commenced when the unauthorised absence began, unless the Commissioner determines otherwise.(5) An officer who suspends a retained firefighter must, as soon as practicable, report the suspension and the reason for it to the Commissioner.
48 Rights of suspended retained firefighter
(1) A retained firefighter under suspension may, within 7 working days after being suspended, apply in writing to the Commissioner for permission to inspect any report relating to the suspension.(2) Such a report is to be made available for inspection by the firefighter at such place and time as the Commissioner may determine.(3) The firefighter may:(a) within 3 days after that time, ormake written submissions, or apply in writing for the opportunity to make oral submissions, to the Commissioner in respect of the suspension or the report or in mitigation of penalty.(b) if the firefighter did not exercise the right to see any such report, within 7 working days after being suspended,(4) The Commissioner may allow a retained firefighter under suspension to make oral submissions in the matter, either personally or by a legal representative or other agent, if requested by the firefighter.(5) A retained firefighter under suspension is not entitled to any retainer during the period of suspension but is to be reimbursed any retainer so lost if not found guilty of misconduct by an inquiry.
Division 6 Inquiries into complaints of misconduct against retained firefighters
49 Inquiry into complaint of misconduct against retained firefighter
(1) The nominated officer may conduct, or may direct another officer to conduct, an inquiry into the conduct of a retained firefighter against whom a complaint of misconduct has been made.(2) An inquiry is to be conducted in accordance with the Commissioner’s Orders or, with respect to any matter for which those Orders do not provide, in such manner as the nominated officer may direct or, subject to any such direction, as the officer conducting the inquiry thinks fit.(3) The firefighter to whom the complaint relates may make written representations or, if the officer conducting the inquiry so permits, oral representations on any matter relevant to the inquiry.(4) A firefighter who is permitted to make oral representations is entitled to be accompanied by an observer, chosen by the firefighter, while the representations are made.(5) An officer conducting an inquiry at the direction of the nominated officer must report the result of the inquiry to the nominated officer within the time set by the nominated officer.(6) If the nominated officer or another officer, on conducting an inquiry, finds a firefighter to have been guilty of misconduct, the nominated officer is to send the report of the result of the inquiry, together with any recommendations the nominated officer may make, to the Commissioner.(7) If the nominated officer or another officer, on conducting an inquiry, does not find a firefighter guilty of misconduct, the nominated officer is to terminate any suspension of the firefighter immediately.
Division 7 Disciplinary action against retained firefighters
50 Disciplinary action by Commissioner
(1) The Commissioner, after considering a report in which a retained firefighter is found guilty of misconduct and any submissions made by the firefighter, may deal with the matter in any one or more of the following ways:(a) by giving the firefighter a caution or reprimand,(b) by requiring the firefighter to remove one or more of the firefighter’s chevrons,(c) by imposing on the firefighter a fine not exceeding 10 penalty units,(d) by demoting the firefighter,(e) by dismissing the firefighter from the Service.(2) The Commissioner is not to impose a fine if the firefighter has been convicted by a court of an offence arising out of the same facts as the departmental charge.(3) The Commissioner may remove any record of disciplinary action taken under subclause (1) (a), (b) or (c) from a firefighter’s personal record if the firefighter has been of good behaviour for at least 2 years since the taking of the action.(4) The Commissioner may suspend disciplinary action taken against a firefighter under subclause (1) (a), (b), (c) or (d) for a period not exceeding 2 years on condition that the firefighter is of good behaviour during that period.(5) The Commissioner may permit a firefighter to resign instead of taking disciplinary action under subclause (1) (e).
51 Fines
(1) The amount of any fine imposed on a retained firefighter under this Division may, subject to this clause, be deducted from any money (including wages) due to the firefighter with respect to the firefighter’s service.(2) A fine is not to be deducted from the firefighter’s pay until after 30 days from when the Commissioner’s determination has been made known to the firefighter.(3) Any application made after that period for time to pay is to be considered and, if an appeal is lodged with the Government and Related Employees Appeal Tribunal against the imposition of a fine, deductions from the firefighter’s pay towards payment of the fine are not to be made pending the determination of the appeal.
52 Action following court appearance
If a retained firefighter is found guilty of an offence by a court, the Commissioner may take action against the firefighter as if the firefighter had been found guilty of misconduct by an inquiry under this Part.
Part 5 General
53 Bravery and service awards
(1) The Commissioner may award the New South Wales Fire Brigades Medal for Conspicuous Bravery to any firefighter who, while performing firefighting or emergency duty, exhibits exceptional bravery.(2) A firefighter who has previously been awarded the Medal may, for each additional act of exceptional bravery, be awarded a Bar to be attached to the ribbon from which the Medal is hung.(3) An award of the Medal or Bar may be made only on the recommendation of a committee appointed by the Commissioner to consider the merit of any such action.(4) The Commissioner may award commendations for courageous action or meritorious service.(5) The names of firefighters who receive awards, and details of the awards, are to be published in the In Orders publication and a record of awards is to be kept by the Commissioner.
54 Honorary list
The Commissioner may place on an honorary list the names of former firefighters who have had long and meritorious service.
55 Repeal
(1) The Fire Brigades (General) Regulation 1992 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Fire Brigades (General) Regulation 1992, had effect under that Regulation continues to have effect under this Regulation.(3) Without limiting subclause (2), any In Orders or Standing Orders in force under clause 5 of the Fire Brigades (General) Regulation 1992 immediately before its repeal continue to have effect as Commissioner’s Orders under this Regulation.