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Fire Service Regulation 1966

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 64.

Fire Service Regulation 1966

ARRANGEMENT OF SECTIONS.

Fire Service Regulation 1966

MADE under the Fire Service Act 1962.

Dated                   200 .

PART I. – PRELIMINARY.

1. INTERPRETATION.

In this Regulation, unless the contrary intention appears–

“the Act” includes the Determinations under the Act;

“Determination” means a Determination under Section 8 of the Act;

“the General instructions” means the General instructions issued by the Chief Fire Officer under Section 35 of the Act;

“officer-in-charge”, in relation to a fireman, means the officer or fireman in charge of the Fire Brigade to which the fireman is for the time being attached;

“Orders” means Orders issued by the Chief Fire Officer under Section 35 of the Act.

PART II. – FIREMEN.

Division 1.

Appointment, etc.

2. RANKS OF FIREMEN.

The ranks of firemen and the order of precedence and seniority are as follows:–

(a) Probationary Fireman;

(b) Fireman;

(c) Senior Fireman.

3. PHYSICAL STANDARDS.

The Chief Fire Officer may from time to time lay down the physical standards required to be met by an applicant for appointment as a fireman, and may waive compliance with the standards in any particular case.

4. ENROLMENT GENERALLY.

(1) On enrolment an applicant shall, subject to Section 5, be appointed a Probationary Fireman for a Period of not less than three months and not more than 12 months.

(2) At the conclusion of his service as a Probationary Fireman a fireman shall be–

(a) appointed a Fireman; or

(b) discharged from the Fire Service.

(3) Notwithstanding this section, the Chief Fire Officer may discharge a Probationary Fireman at any time.

5. SPECIAL APPOINTMENTS.

(1) Notwithstanding Section 4, where the Chief Fire Officer is satisfied that an applicant for appointment has acquired, by training or experience, qualifications useful to the Fire Service, he may appoint the applicant to such rank of fireman as the Chief Fire Officer thinks appropriate.

(2) A fireman appointed under this section may, within three months of that appointment, be discharged by the Chief Fire Officer.

6. SENIORITY.

(1) A fireman takes seniority in his rank according to the date of his appointment to the rank.

(2) Where the dates of appointment of two or more firemen to the same rank are the same their relative seniority is as fixed by the Chief Fire Officer.

7. PROMOTION.

(1) The Chief Fire Officer may promote a Fireman to the rank of Senior Fireman if he is satisfied that the Fireman is capable of performing efficiently the duties of that rank.

(2) For the purposes of satisfying himself under Subsection (1), the Chief Fire Officer may administer, or cause to be administered, such theoretical or practical examinations as seem to him necessary or appropriate.

8. ESTABLISHMENTS.

Subject to any directions of the Head of State, acting on advice, the Chief Fire Officer may from time to time determine the establishment of firemen in a Fire Brigade.

9. TRANSFER OF FIREMEN.

The Chief Fire Officer may at any time transfer a fireman from one Fire Brigade to another Fire Brigade.

Division 2.

Duties, etc.

10. INSPECTION OF ARTICLES ISSUED.

A fireman shall, when required by an officer, produce for inspection all articles issued to him under this Regulation, other than an article that has been replaced under this Regulation.

11. COMPLIANCE WITH ACT, ETC.

A fireman shall comply with and observe the provisions of the Act, and all Orders and General instructions that apply to him or to the Fire Brigade to which he is attached.

12. DUTIES OF FIREMEN.

The principal duties of a fireman are–

(a) the saving of life and property; and

(b) the controlling and extinguishing of fires.

13. REPORT OF BREACHES OF DISCIPLINE.

A fireman shall promptly report to his immediate superior a breach of any of the provisions of the Act, an Order or the General instructions that he believes has been committed by a fireman over whom he has authority.

14. ATTENDANCE DURING SHIFT PERIOD.

(1) A fireman shall attend for duty at the beginning of the shift for which he is rostered for duty and, except with the consent of his officer-in-charge, shall not absent himself from duty until the conclusion of the shift.

(2) Where a fireman is prevented by illness or other unavoidable cause from attending for duty on a shift for which he has been rostered, he shall as soon as practicable report the circumstances to his officer-in-charge.

PART III. – DISCIPLINE.

15. DISCIPLINARY OFFENCES.

A fireman who–

(a) commits a breach of the Act, an Order or the General Instructions; or

(b) wilfully disobeys or disregards a lawful order or instruction made or given by a person having authority to make or give it; or

(c) is negligent or careless in the discharge of his duties; or

(d) is inefficient or incompetent from causes within his own control; or

(e) uses intoxicating liquor or drugs to excess; or

(f) solicits or accepts a fee, reward, gratuity or gift in connection with the discharge of his official duties (other than his official remuneration); or

(g) is guilty of conduct to the pre judice of the good order or discipline of the Fire Service; or

(h) is guilty of disgraceful or improper conduct in his official capacity or otherwise,

is guilty of a disciplinary offence and is liable to be dealt with under this Part.

16. CHARGES OF DISCIPLINARY OFFENCES.

(1) Where an officer has reason to believe that a fireman under his control has committed a disciplinary offence, he shall cause a charge to be laid against the fireman, and pending the hearing of the charge may suspend him from duty.

(2) A suspension under Subsection (1) is with pay, unless the Chief Fire Officer otherwise directs.

17. HEARING OF CHARGES.

(1) The Chief Fire Officer or an officer authorized by him, generally or in a particular matter, shall hear and determine the charge.

(2) The Chief Fire Officer or authorized officer–

(a) shall–

(i) hear any evidence in support of the charge; and

(ii) hear any evidence by the fireman charged and by witnesses on his behalf; and

(iii) make such further investigations as he thinks necessary or desirable; and

(b) may–

(i) take evidence on oath or by affidavit or inform himself of the facts of the matter in any way that he thinks proper; and

(ii) adjourn the investigation from time to time.

(3) In making an investigation under Subsection (2), the Chief Fire Officer or authorized officer is not bound to observe strict legal procedure, and may receive evidence not legally admissible and may give to such evidence such weight as he thinks proper.

18. PUNISHMENTS.

^[1](1) Subject to this section, the Chief Fire Officer or an officer referred to in Section 17 may impose any one of the following penalties on a fireman found guilty of a disciplinary offence:–

(a) admonishment;

(b) reprimand;

(c) reduction to a lower rank or salary.

(2) Where an officer referred to in Section 17 is of the opinion that the gravity of an offence of which he finds a fireman guilty warrants it, he may recommend to the Chief Fire Officer that the fireman be dismissed from the Fire Service, and the Chief Fire Officer may dismiss that fireman.

(3) Where the Chief Fire Officer hears a charge under Section 17 he may, if he thinks that the gravity of the offence warrants it, dismiss from the Fire Service the fireman found guilty of the offence.

(4) A penalty imposed by an officer other than the Chief Fire Officer under Subsection (1)(c) shall not be put into effect until confirmed by the Chief Fire Officer.

(5) The power of confirmation conferred by Subsection (4) includes power to vary the penalty in any way.

19. DISMISSAL OR REDUCTION IN RANK.

^[2]A fireman who is convicted of an offence punishable with imprisonment may be dismissed from the Fire Service by the Chief Fire Officer, or in the case of a fireman above the rank of Fireman be reduced to the rank of Fireman.

20. APPEAL.

^[3](1) A fireman in respect of whom a punishment has been imposed under Section 18(1)(c), (2) or (3) or Section 19 may appeal to the Minister.

(2) The decision of the Minister, on an appeal under Subsection (1) is final.

(3) An appeal under Subsection (1) shall be made with 28 days from the date on which the punishment took effect.

21. RECOMPENSE FOR LOSS.

^[4]In addition to any punishment which may be imposed on a fireman under this Regulation the Chief Fire Officer, may order that so much of the fireman’s pay be stopped and forfeited as is necessary to make good–

(a) any loss or damage to property occasioned by the act or neglect constituting the offence of which he has been convicted; and

(b) any expense incurred by reason of the act or neglect.

PART IV. – UNIFORM, BADGES AND MEDALS.

22. UNIFORMS, ETC.

(1) The Chief Fire officer may direct that an officer or fireman be issued with all or any of the uniforms, badges, clothing and equipment specified in the Schedule, free of charge and in such quantities as the Chief Fire Officer thinks necessary.

(2) Subject to Section 25, an article issued to an officer or fireman under this section may from time to time be replaced, free of charge, by the officer-in-charge of the Fire Brigade to which the officer or fireman is attached.

23. FORM, ETC., OF FIRE SERVICE VALOUR MEDAL.

The Fire Service Valour Medal created by Section 15(1) of the Act–

(a) is a circular medal of bronze, bearing–

(i) on the obverse side–the National Emblem, two coconut palm trees, two crossed axes and a torch with the words “Papua New Guinea Fire Brigade” inscribed in the bottom circumference of the side; and

(ii) on the reverse side–a coconut palm tree with the words “Fire Service Valour Medal” inscribed on the side; and

(iii) inscribed on the rim, the name of the person awarded the medal; and

(b) shall be hung from a straight clasp on a red ribbon of a width of 13/8 inch and having a gold stripe on both of its edges; and

(c) shall be worn immediately before any other Fire Service medal awarded to the person.

24. FORM, ETC. OF FIRE SERVICE MERITORIOUS SERVICE MEDAL.

The Fire Service Meritorious Service Medal created by Section 15(2) of the Act–

(a) is a circular medal of silver-plated finish, bearing–

(i) on the obverse side–the National Emblem, two coconut palm trees, two crossed axes and a torch with the words “Papua New Guinea Fire Brigade” appearing in the bottom circumference of the side; and

(ii) on the reverse side–a coconut palm tree with the words “Fire Service Meritorious Service Medal” inscribed on the side; and

(iii) inscribed on the rim, the name of the person awarded the medal; and

(b) shall be hung from a straight clasp on a red ribbon of a width of 13/8 inch and having narrow stripes of yellow and green on either side.

PART V. – MISCELLANEOUS.

25. CARE OF PROPERTY.

A fireman shall be held responsible for the careful use and preservation of all Government property in his possession.

SCHEDULE 1 – UNIFORMS, BADGES, EQUIPMENT, ETC.

Reg., Sec. 22.

PART 1 – UNIFORMS OF OFFICERS.

Trousers, khaki long.

Shorts, khaki, 2 side pockets, 1 inch waist band.

Shirt, khaki, 2 pockets, short sleeves.

Socks, khaki.

Golf hose, khaki.

Shoes, leather, black.

Belt, leather, black.

Cap, peaked.

PART 2 – UNIFORMS OF FIREMEN.

Shorts, khaki, 2 side pockets, 3 inch waist band.

Shirt, khaki, 2 pockets, short sleeves.

Sandals, leather, black.

Belt, leather, uniform, with regulation buckle.

Pullover, woollen, khaki.

Beret, khaki.

PART 3 – EQUIPMENT FOR OFFICERS AND FIREMEN.

Overalls, khaki, with badge on left breast bearing the words “Fire Brigade”–

(a) in the case of officers and firemen, on a red background; and

(b) in the case of volunteer firemen on a green background.

Boots, knee, leather.

PART 4 – BADGES OF OFFICERS AND FIREMEN.

Office of Legislative Counsel, PNG

1. ^[1]Section 18 amended by No. 2 of 1985, sl .
2. ^[2]Section 19 replaced by No. 2 of 1985, s2.
3. ^[3]Section 20 replaced by No. 2 of 1985, s3.
4. ^[4]Section 21 amended by No. 2 of 1985, s4.