What types of written regulations affect firefighters?

Chase GrantFIRES101Chapter 1 Review1.What is the overall mission of the fire service?The overall missionof the fire service is to save lives and to protect property and theenvironment from fires and other hazardous situations.2.How are fire departments organized?The most common structureused by fire departments is a scalar system, which has a series ofsteps with the Fire chief at the top, and firefighters/EMT’s at thebottom, creating an organized chain of command and making it sothat one person3.What specialized jobs and divisions exist within the fireservice?There is a vast amount of specialized positions a firefightercould be trained inn and assigned to. A few examples being aHazardous Materials Technician, or a Wildland firefighter, bothrequiring their own special set of training and certifications. Outsideof the normal firefighting division, a department will have a trainingdivision and possibly a fire prevention division.4.What type of written regulations affects firefighters?Theseregulations are usually set by the AHJ and should be studied andunderstood. You may also regulations agreed on by your firefighter'sunion.5.How do fire departments interact with other organizations andagencies?Through government mandate, using the ICS and NIMSstructures of command and communication, the interaction with otheragencies has become streamlined. Common organizations or agencies

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Part 1 Preliminary

4   Commissioner’s Orders

(1)  The Commissioner may, by order in writing, issue, amend or revoke 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.

Part 2 Appointments and conditions of service

7   Firefighters’ positions

The Commissioner may create, abolish or otherwise deal with any firefighter’s position.

8   Appointment as a permanent firefighter

(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 firefighter, and

(b)  has passed examinations and assessments set or nominated by the Commissioner for appointment as a permanent firefighter, and

(c)  holds a current driver licence under the Road Transport Act 2013, and

(d)  is of good character, and

(e)  is an Australian citizen or a person resident in Australia whose continued presence in Australia is not subject to any limitation as to time imposed by or in accordance with law, and

(f)  is otherwise suitable for employment as a permanent firefighter.

(3)  An applicant for appointment as a permanent firefighter must produce any evidence with respect to the applicant’s driving qualifications, citizenship or entitlement to reside in Australia that the Commissioner requires.
(4)  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 the rank that the Commissioner considers appropriate to the applicant’s skill and experience.

9   Appointment as a retained firefighter

(1)  An application for appointment as a retained firefighter must be in the approved form.
(2)  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 firefighter, and

(b)  has passed examinations and assessments set or nominated by the Commissioner for appointment as a retained firefighter, and

(c)  holds a current driver licence under the Road Transport Act 2013, and

(d)  is of good character, and

(e)  is an Australian citizen or a person resident in Australia whose continued presence in Australia is not subject to any limitation as to time imposed by or in accordance with law, and

(f)  is otherwise suitable to be a retained firefighter.

(3)  An applicant for appointment as a retained firefighter must produce any evidence with respect to the applicant’s driving qualifications, citizenship or entitlement to reside in Australia that the Commissioner requires.

10   Examinations and assessments

The Commissioner may set or nominate any examinations or assessments that the Commissioner considers appropriate as a requirement for promotion, transfer or appointment to a position.

11   Termination of appointment

(1)  The Commissioner may terminate a firefighter’s appointment as a firefighter if—

(a)  the firefighter is no longer medically or psychologically fit to exercise the functions of a firefighter, or

(b)  the firefighter abandons employment as a firefighter.

(2)  The Commissioner may, without limiting subclause (1), terminate a firefighter’s appointment 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 of that rank, or

(b)  if the firefighter is no longer a suitable person to exercise the functions of a firefighter of that rank, or

(c)  at the firefighter’s own request.

(3)  The Commissioner may, without limiting subclause (1), terminate a firefighter’s appointment as a firefighter of a particular position—

(a)  if the firefighter is no longer medically or psychologically fit to exercise the functions of a firefighter of that position, or

(b)  if the firefighter is no longer a suitable person to exercise the functions of a firefighter of that position, or

(c)  at the firefighter’s own request.

(4)  The Commissioner may also terminate the appointment of any retained firefighter who, except when on approved leave or other authorised absence—

(a)  for 3 consecutive months fails to attend drills appointed by the Commissioner or the officer in charge of the firefighter, or

(b)  fails to attend the approved number or proportion of drills, fires or other incidents in any period of 6 months.

(5)  The Commissioner must terminate the appointment of a firefighter who is not an Australian citizen or who ceases to satisfy or does not satisfy the requirements of clause 8 (2) (e) or 9 (2) (e).
(6)  The termination of a firefighter’s appointment to a particular rank operates to demote the firefighter to a rank determined by the Commissioner.
(7)  The Commissioner must cause notice of a proposed termination of appointment—

(b)  to a particular rank, or

(c)  to a particular position,

to be given to the firefighter. That notice must specify the reasons for the proposed termination.
(8)  The Commissioner must—

(a)  allow the firefighter to respond to the reasons for the proposed termination within a reasonable time specified in the notice of proposed termination, and

(b)  consider any response by the firefighter before determining whether to terminate any appointment.

(9)  The Commissioner must cause notice of the final reasons for a termination of appointment—

(b)  to a particular rank, or

(c)  to a particular position,

to be given to the firefighter.

cl 11: Am 2014 (616), cl 3.

Part 3 Functions of firefighters

13   Contraventions of Part 3

A contravention of this Part does not give rise to an offence but may be the subject of disciplinary action or remedial action under Part 4.

14   Firefighters to acquire and maintain knowledge of legislation, orders and functions

(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 functions.

15   Honesty and truthfulness

(1)  A firefighter must act honestly and truthfully in the performance of the firefighter’s functions.
(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 record, or

(c)  without good or sufficient cause, destroy or mutilate any official record 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 functions, 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 or disregard any lawful order made or given by a person having the authority to make or give the order, 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 or sufficient reason, be absent from duty or be late for any parade, drill or other required attendance, or

(e)  through negligence, carelessness or malice, 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 an official record, 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 Fire and Rescue NSW, or

(d)  smoke at a fire or drill, in any departmental premises or in any departmental vehicle, or

(e)  smoke in any public place while in uniform, or

(f)  while off duty, enter or remain on departmental premises without authority, or

(g)  while on or off duty, by words or action, behave in a manner that is subversive of discipline or calculated to bring discredit on Fire and Rescue NSW, or

(h)  while on duty, by words or action, harass, intimidate or threaten another firefighter, or

(i)  while on duty, by words or action, harass or discriminate against any person on the grounds of sex, marital status, pregnancy, age, ethnic or national origin, physical or intellectual impairment, sexual preference, transgender status, carer’s responsibilities or any other ground in respect of which discrimination is prohibited by the Anti-Discrimination Act 1977.

(2)  The officer in charge of any departmental premises must 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 in the Road Transport Act 2013 (paragraph (a) of the definition of drug in section 4 (1) of that Act excepted).

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 departmental property for an unauthorised purpose or be concerned, whether directly or indirectly, in unauthorised use of departmental property.

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 his or her employment or 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 reward (whether the reward involves pecuniary gain, material gain, the provision of services, the provision of training or any other benefit) in connection with the exercise of the firefighter’s functions, or

(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,

without the prior written permission of the Commissioner.

22   Disclosure of 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 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 Fire and Rescue NSW, except with the approval of the Commissioner.

24   Incompatible activities

A firefighter must not engage in any activity outside the firefighter’s functions as a firefighter if to do so would be incompatible with the performance of those functions.

25   Functions of firefighters

The functions of each rank and position of firefighter are those determined for the time being by the Commissioner.

26   Performance of functions

(1)  A firefighter must attend such drills as may be appointed by the Commissioner or the officer in charge of the firefighter.
(2)  A firefighter must perform all firefighting or other functions that 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 of the call and must make every effort to ensure an immediate response in accordance with the Commissioner’s Orders.

30   Absence of firefighter from fire station

(1)  A firefighter who is on duty at a fire station must not leave the fire station without the permission of the officer in charge of the fire station or, if the firefighter is an officer, a more senior officer.
(2)  Any such firefighter who leaves a fire 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 fire station.
(3)  This clause does not apply to a firefighter who leaves the fire station to attend to a fire call or other incident or to engage in official functions away from the fire station.

31   Operation of fire appliances

When responding to a call to a fire, hazardous material incident or other emergency the driver of a fire appliance must ensure that the appliance’s lights and audible warning devices are operated 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, and

(ii)  goods are not interfered with or removed from any such premises,

otherwise than by persons who can establish their identity and authority to do so, and

(b)  report any breach of security to the officer in charge at the site.

Part 4 Misconduct

Division 1 Preliminary

33   Meaning of “misconduct”

(1)  For the purposes of this Part, misconduct includes, but is not limited to, any of the following—

(a)  a contravention of Part 3,

(b)  performance of duties in such a manner as to justify the taking of disciplinary action,

(c)  making a statement in connection with an application for appointment as a firefighter that is false or misleading in a material particular,

(d)  taking any detrimental action (within the meaning of the Public Interest Disclosures Act 1994) against a person that is substantially in reprisal for the person making a public interest disclosure within the meaning of that Act,

(e)  taking any action against another firefighter that is substantially in reprisal for an internal disclosure made by that firefighter.

(2)  For the purposes of this Part, the subject-matter of an allegation of misconduct may relate to an incident or conduct that happened—

(a)  while the firefighter concerned was not on duty, or

(b)  before the firefighter was appointed to his or her position.

(3)  In this Part, a reference to an allegation that a firefighter may have engaged in misconduct includes a reference to the Commissioner being made aware, or becoming aware, by any means that the firefighter may have engaged in misconduct.
(4)  In this clause, internal disclosure means a disclosure made by a firefighter regarding the alleged misconduct of another firefighter.

34   Issuing of procedural guidelines

(1)  The Commissioner may, from time to time, issue guidelines for the purposes of—

(a)  dealing with allegations of misconduct against firefighters as a disciplinary matter, and

(b)  the taking of disciplinary action with respect to firefighters under this Part, and

(c)  any other matter referred to in this Part.

(2)  The procedural guidelines must be consistent with the rules of procedural fairness.
(3)  Without limiting subclause (2), the procedural guidelines are to ensure that—

(a)  a firefighter to whom an allegation of misconduct relates—

(i)  is advised in writing of the alleged misconduct and that the allegation may lead to disciplinary action being taken with respect to the firefighter, and

(ii)  is given an opportunity to respond to the allegation, and

(b)  a firefighter against whom the Commissioner is proposing to take disciplinary action under Division 2 or 3 is given a reasonable opportunity to make a submission in relation to that proposed action.

(4)  The Commissioner may from time to time amend, revoke or replace the procedural guidelines.
(5)  The Commissioner must not amend, revoke or replace the procedural guidelines unless the Commissioner has first consulted with the Fire Brigade Employees’ Union of NSW on the amendment, revocation or replacement.
(6)  The procedural guidelines as in force from time to time must be made publicly available in such manner as the Commissioner thinks appropriate.

Division 2 Dealing with misconduct and other matters

35   Dealing with allegations of misconduct

(1)  If the Commissioner is made aware of an allegation that a firefighter may have engaged in any misconduct, the Commissioner may—

(a)  decide to deal with the allegation as a disciplinary matter in accordance with the procedural guidelines, or

(b)  decide that it is appropriate to take remedial action with respect to the firefighter.

(2)  After dealing with an allegation of misconduct as a disciplinary matter in accordance with this Part and the procedural guidelines, the Commissioner may, if the Commissioner is of the opinion that the firefighter has engaged in any misconduct, decide to take disciplinary action with respect to the firefighter.
(3)  Before any disciplinary action is taken with respect to a firefighter under this clause, the firefighter must be given an opportunity to make a submission in relation to the disciplinary action that the Commissioner is considering taking.
(4)  Even though the Commissioner decides to deal with an allegation of misconduct as a disciplinary matter in accordance with the procedural guidelines, the Commissioner may, at any stage of the process—

(a)  decide to take remedial action with respect to the firefighter concerned, or

(b)  decide to dismiss the allegation, or decide that no further action is to be taken in relation to the matter, or both.

(5)  A decision under this clause by the Commissioner to take remedial action with respect to a firefighter does not, if it appears to the Commissioner that the firefighter may have engaged in any misconduct while the remedial action is being taken, prevent the Commissioner from dealing with the alleged misconduct as a disciplinary matter under this clause.
(6)  If a firefighter fails to do anything that is required of the firefighter by the remedial action taken in accordance with a decision under subclause (1) (b) or (4) (a), the Commissioner may decide to deal with the allegation against the firefighter as a disciplinary matter in accordance with the procedural guidelines.

36   Formal hearings not to be held

(1)  A formal hearing involving the legal representation of parties and the calling and cross-examination of witnesses is not to be held in relation to an allegation of misconduct or the taking of disciplinary action with respect to a firefighter.
(2)  However, subclause (1) does not prevent the Commissioner from—

(a)  conducting such investigations into an allegation of misconduct as the Commissioner considers necessary, or

(b)  conducting interviews with the firefighter to whom the allegation relates or with any other person in connection with the matter concerned, or

(c)  taking signed statements from the firefighter or any other person in connection with the matter concerned.

37   Disciplinary action may be taken if firefighter is convicted of serious offence

(1)  If a firefighter is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or is convicted elsewhere than in New South Wales of an offence that, if it were committed in New South Wales, would be an offence so punishable, the Commissioner may—

(a)  decide to take disciplinary action with respect to the firefighter, or

(b)  decide to take remedial action with respect to the firefighter.

(2)  Before any disciplinary action is taken with respect to a firefighter under this clause, the firefighter must be given an opportunity to make a submission in relation to the disciplinary action that the Commissioner is considering taking.
(3)  If a firefighter is found guilty of an offence referred to in subclause (1), the Commissioner may take action against the firefighter as if the firefighter had been found to have engaged in misconduct.
(4)  A reference in subclause (1) to the conviction of a firefighter for an offence punishable by imprisonment for 12 months or more includes a reference to the firefighter having been found guilty by a court of such an offence but where no conviction is recorded.

Division 3 Suspension of firefighters

38   Suspension of firefighters from duty pending decision in relation to misconduct or criminal charge

(1)  If—

(a)  an allegation that a firefighter has engaged in misconduct is being dealt with as a disciplinary matter in accordance with the procedural guidelines, or

(b)  a firefighter is charged with having committed an offence referred to in clause 37,

the Commissioner may suspend the firefighter from duty until the allegation of misconduct or the criminal charge (or any action that the Commissioner is considering taking under clause 37) has been dealt with.
(2)  A 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 proposed suspension and has been given an opportunity to respond.
(3)  Any salary payable to a person as a firefighter while the person is suspended from duty under this clause is (if the Commissioner so directs) to be withheld.
(4)  If—

(a)  it is decided to take disciplinary action with respect to the person for the misconduct, or

(b)  the person is convicted of the offence concerned,

the salary withheld under subclause (3) is forfeited to the State unless the Commissioner otherwise directs or that salary was due to the person in respect of a period before the suspension was imposed.
(5)  If the Commissioner has suspended a firefighter from duty under this clause, the Commissioner may at any time remove the suspension.

39   Suspension of firefighters from duty by authorised officers

(1)  An officer authorised by the Commissioner for the purposes of this clause may suspend a firefighter from duty if the officer is of the opinion that—

(a)  the firefighter has engaged in misconduct, and

(b)  a failure to suspend the firefighter may pose a risk to the safety and protection of other people or prevent other firefighters from adequately performing their duties.

(2)  A firefighter may be suspended under subclause (1) whether or not a complaint of misconduct has been made against the firefighter.
(3)  A 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 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 firefighter must, as soon as practicable, report the suspension and the reason for it to the Commissioner.

Division 4 Miscellaneous provisions

40   Suspension of disciplinary action

(1)  The Commissioner may suspend disciplinary action taken against a firefighter for a period not exceeding 2 years on condition that the firefighter is of good behaviour during that period but only if the disciplinary action concerned is the imposition of a fine, a caution or reprimand, a demotion in rank or a termination of appointment to a particular position.
(2)  The Commissioner may permit a firefighter to resign instead of taking disciplinary action where the disciplinary action concerned is termination of the firefighter’s appointment.

41   Officers retiring or resigning before disciplinary action is taken

(1)  An allegation that a firefighter has engaged in misconduct may be dealt with under this Part, and disciplinary action may be taken with respect to the firefighter, even though the firefighter has retired or resigned.
(2)  The taking of disciplinary action (other than a fine) with respect to the former firefighter does not affect the former firefighter’s retirement or resignation or the benefits, rights and liabilities arising from the retirement or resignation.
(3)  A fine imposed under any such disciplinary action may be recovered from the former firefighter as a debt due to the Crown in any court of competent jurisdiction, or out of any money payable to or in respect of the former firefighter by the Crown, or both.

43   Implementation of decisions under this Part

A decision of the Commissioner to take disciplinary action or remedial action under this Part with respect to a firefighter may be carried into effect at any time.

Part 5 Charges

45   Hazardous material incidents

(1)  For the purposes of section 40 (4A) of the Act, the charges prescribed for services performed in respect of a hazardous material incident are—

(a)  in relation to an item in Column 1 of Part 1 of Schedule 1 that is used (or made available for use), the charge per hour specified in Column 2 of Part 1 of that Schedule opposite that item, and

(b)  in relation to an item in Column 1 of Part 2 of Schedule 1 that is hired or purchased, the charge specified in Column 2 of Part 2 of that Schedule opposite that item, and

(c)  in relation to consumables, the charge specified in Column 2 of Part 3 of that Schedule.

(2)  If an item referred to in Part 1 of Schedule 1 is used on an hourly basis, half of the charges specified is prescribed in respect of each half hour, or part of a half hour, during which the item is used (or made available for use).
(3)  If any fully encapsulated gas suit or spillage suit is damaged or contaminated to the extent that it cannot be reused, the prescribed charge in respect of the suit concerned is the cost of replacing the suit.
(4)  If an item is purchased for use in respect of a particular hazardous material incident and the Commissioner is of the opinion that the item can be reused, the prescribed charge in respect of that item under Part 2 of Schedule 1 is to be reduced by such amount as the Commissioner considers reasonable having regard to the extent to which the item can be reused.

46   Services performed in connection with statutory fire safety

(1)  The charge prescribed for the provision of an initial fire safety report in respect of a development is the amount specified in Column 2 of Schedule 2 opposite the estimated cost of the development specified in Column 1 of that Schedule.
(2)  The charges prescribed for the inspection of premises for the purposes of the provision of a final fire safety report for the premises are—

(a)  in the case of an initial inspection, $215 plus, if the inspection takes more than 2 hours (including time spent travelling to and from the premises), $200 for each additional hour, or part of an hour, of the inspection, and

(b)  in the case of a re-inspection, $430 plus, if the re-inspection takes more than 2 hours (including time spent travelling to and from the premises), $200 for each additional hour, or part of an hour, of the re-inspection.

(3)  The charge prescribed for each assessment of a Building Code of Australia Category 2 fire safety provision by the Commissioner or a fire brigade member is $180.
(4)  The charge prescribed for attendance by the Commissioner or a fire brigade member at a fire safety meeting in connection with a development or proposed development is $200 for each hour, or part of an hour, of the meeting.
(5)  The amount of $2,600 is the charge prescribed for each day (or part of a day) spent by the Commissioner or a fire brigade member providing advisory, assessment or consultancy services (for which a fee is not otherwise prescribed by this clause) in respect of—
(6)  This clause has effect for the purposes of section 42 (1) of the Act.
(7)  In this clause—

Part 6 Miscellaneous

49   Medal for Conspicuous Bravery

(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 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.

Schedule 1 Charges for performing services in relation to hazardous material incidents

(Clause 45 (1))

Part 1 Standard equipment

Column 1

Column 2

Item

Amount per hour

Each standard pumper

$423

Each hazmat pumper

$423

Each hazmat vehicle other than a hazmat pumper

$286

Each hazmat delta decontamination shelter

$286

Each special operations response vehicle

$286

Each boat (including a trailer and vehicle to tow it)

$286

Each helicopter

$3,300

Each incident command vehicle

$275

Each hose

$55

Each fully encapsulated gas suit

$275

Each spillage suit

$55

Each self-contained breathing apparatus

$55

Each standard gas detector

$55

Each unit of specialised detection equipment

$110

Part 2 Special items

Column 1

Column 2

Item

Amount

Goods or services hired or purchased by the Commissioner for the purpose of performing services referred to in section 40 (4A) of the Act in respect of a particular hazardous material incident (not being items referred to in Part 1 of this Schedule)

Such amount as is certified by the Commissioner to be the cost to the Commissioner of hiring or purchasing the goods or services

Premises hired by the Commissioner for the purpose of performing services referred to in section 40 (4A) of the Act in respect of a particular hazardous material incident (not being items referred to in Part 1 of this Schedule)

Such amount as is certified by the Commissioner to be the cost to the Commissioner of hiring the premises

Part 3 Consumables

Column 1

Column 2

Item

Amount

Consumables

Such amount as is certified by the Commissioner to be the cost to the Commissioner of the consumables, plus 10% for handling costs

Schedule 2 Charges for providing initial fire safety reports

(Clause 46 (1))

Column 1

Column 2

Estimated cost of development

Amount

Up to and including $250,000

$500

$250,001–$500,000

$500, plus an additional $0.40 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $250,000

$500,001–$1,000,000

$600, plus an additional $0.30 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $500,000

$1,000,001–$10,000,000

$750, plus an additional $0.20 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $1,000,000

More than $10,000,000

$2,550, plus an additional $0.10 for each $1,000 (or part of $1,000) by which the estimated cost exceeds $10,000,000

Schedule 3 Charges for performing other services

(Clause 48 (1))

Part 1 Fire brigade members

Column 1

Column 2

Rank of member of fire brigade

Amount per hour per member

Fire safety engineer

$200

Chief superintendent or above

$132

Building surveyor

$130

Engineer

$130

Fire safety manager

$125

Superintendent

$121

Fire safety team leader

$110

Inspector

$99

Fire safety officer

$90

Station commander or captain

$83

Firefighter

$66

Part 2 Special items

Column 1

Column 2

Item

Amount

Goods or services hired or purchased by the Commissioner for the purpose of performing the services referred to in section 42 (1) of the Act

Such amount as is certified by the Commissioner to be the cost to the Commissioner of hiring or purchasing the goods or services

Premises hired by the Commissioner for the purpose of performing the services referred to in section 42 (1) of the Act

Such amount as is certified by the Commissioner to be the cost to the Commissioner of hiring the premises

Part 3 Consumables

Column 1

Column 2

Item

Amount

Consumables

Such amount as is certified by the Commissioner to be the cost to the Commissioner of the consumables, plus 10% for handling costs

Schedule 4 Prescribed waters

(clause 51A)

2   Hastings River (Port Macquarie)

The waters of the Hastings River below the mean high water mark from the river entrance to the eastern side of the Dennis Bridge carrying the Pacific Highway, together with the waters below the mean high water mark of the slipway cove in the southern bank of the river immediately east of the Dennis Bridge.

sch 4: Ins 2021 No 8, Sch 2.2[2].