Australian Capital Territory

Emergencies (Appointment and Probation Arrangements for Volunteers) Commissioner’s Guidelines 2011 

Notifiable Instrument NI 2011- 323

made under the

Emergencies Act 2004, s 11 (Commissioner may make guidelines).

1.	Name of Instrument

This instrument is the Emergencies (Appointment and Probation Arrangements for Volunteers) Commissioner’s Guidelines 2011.

2.	Commencement

This instrument commences on the day after it is notified. 

3.	Commissioner’s Guidelines

I make the Commissioner’s Guidelines relating to Appointment and Probation Arrangements for Volunteer Members of the ACT Emergency Services Agency at Schedule 1 to this instrument.

4.	Revocation

NI2006-219 is revoked.

Mark Crosweller AFSM FAIM
Emergency Services Commissioner
24 June 2011

Schedule 1

ACT EMERGENCY SERVICES AGENCY

COMMISSIONER’S GUIDELINES

relating to

APPOINTMENT AND PROBATION ARRANGEMENTS FOR VOLUNTEER MEMBERS OF THE 
ACT EMERGENCY SERVICES AGENCY

June 2011

APPOINTMENT AND PROBATION ARRANGEMENTS FOR VOLUNTEER
MEMBERS OF THE ACT EMERGENCY SERVICES AGENCY
_____________________________________________________________________

1.	PURPOSE

To provide Commissioner’s guidelines for the appointment and probation of volunteer members of the ACT Emergency Services Agency (ESA).

These guidelines are made in accordance with the Emergencies Act 2004.  They are based broadly on the practices that apply to the appointment of career employees.

2.	BACKGROUND

a.	The ESA has the object of protecting life property and the environment in the ACT.  The ESA achieves this in a number of ways including through the use of appropriately skilled and trained career and volunteer members.

b.	The Emergencies Act 2004 provides the legal framework (Ss 59B, 59C and 59CA) for Chief Officers and the Commissioner to appoint and end the appointment of volunteer members in accordance with Commissioner’s guidelines.

3.	GUIDING PRINCIPLES

3.1	Appointment of Volunteers

a.	Appointments to the ESA are based on merit and the skills requirements of the agency and the emergency services.

b.	The Chief Officer of a service may appoint a person as a volunteer member of the service.

c.	The Commissioner may appoint a person as a volunteer to assist an emergency Service or the Commissioner to perform functions under the Act.  However, the Commissioner may not appoint a person under if it would be more appropriate for the Chief Officer of an emergency service to appoint the person as a volunteer member of the service.

d.	Volunteers may be appointed to more than one service simultaneously (but for operational reasons this may not be preferred and will be the decision of the respective Chief Officers).  

i.	when this does occur the respective Chief Officers should confer and agree on the best course for their respective services and the volunteer member.

e.	In consultation with the head of the respective operational units or brigades the decision on placement of volunteers within the services will be made by the Chief Officer (or authorised person).

5.1	Probation Arrangements

a.	Volunteers appointed within the ESA may be appointed on an initial period of three months.  The initial period is provided to allow for initial basic skills training followed by a period of assessed activity in the respective volunteer unit or brigade. 
 
b.	This period may be extended for additional periods of three months, to a maximum period of twelve months, if the Chief Officer or Commissioner forms the view that it is in the best interests of the volunteer or the agency  to extend the period of probation to allow for further periods of assessment of the volunteer’s performance.

c.	If probation is to be extended for any period, the probationary volunteer must be advised prior to the normal expiry of the period of probation.  If a volunteer is not advised prior to expiration of the period of probation then they will be deemed to be confirmed as a volunteer in the respective service.

d.	There may be occasions where a Chief Officer or the Commissioner decides that appointment can be made without probation.  Examples where this may be the case include where former volunteers reapply to be members, or experienced volunteers transfer between services or from interstate.

e.	Appointment of volunteers will be subject to satisfactory checks on their Criminal Record.

f.	Depending on the type of service to be undertaken by volunteers, appointment of volunteers may be subject to additional satisfactory checks, such as medical fitness.  Chief Officers or the Commissioner will determine additional requirements as standards or protocols for the emergency service.

g.	Volunteers are to provide reasonable assistance to the respective services to enable these checks to occur in a timely fashion.

h.	The decision to confirm the appointment of a volunteer will take into account their performance as a volunteer during probation, and the ability of a volunteer to maintain an acceptable standard of conduct, diligence and performance.

3.2	Ceasing of Probation

a.	A Chief Officer or the Commissioner may cease the appointment of a volunteer during the period of the volunteer’s probation, for any reason.  The Chief Officer or Commissioner is required to provide the volunteer with reasons for the decision, but the decision is not subject to review.

b.	A volunteer may choose to cease their appointment to a service at any time by notice to the respective Chief Officer or the Commissioner.

c.	When a volunteer ceases to be a volunteer for any reason the volunteer is required to immediately return to the service any equipment, Personal Protective Equipment, Personal Protective Clothing, identification and security pass, and any other property of the ACT Government or unit or brigade to which they were assigned.

Dictionary:

Note 1	The Emergencies Act 2004 and the Legislation Act 2001 contain definitions and other provisions relevant to this Guideline.