VFBV

Reform Bill in Parliament Again
By Adam Barnett, VFBV Chief Executive Officer 

As this edition of Fire Wise goes to press, the Government’s contentious Fire Services (Reform) Bill is once again making its way through Parliament. Despite the deep concerns raised with the previous Bill, I am sorry to report that this year’s Bill is very similar to the previous.

The fate of community safety and CFA, a world-respected and highly successful emergency service, now rests on the checks and balances of the Legislative Council (Upper House), particularly the votes of the cross bench made up of the minor party and independent Members of Parliament who hold the balance of power.

By the time you are reading this, the outcome of the Bill may already be known.

Regardless of the outcome, I am committed to ensuring we come though this torrid chapter in CFA’s history stronger and together. History will be the ultimate judge of this chapter and I am immensely proud our organisation has had the integrity to stand up and speak up for what is right.

VFBV continues to respectfully call for evidence to support the Government’s case for change, including impact modelling, cost analysis and consultation. This will be the first time in Victoria’s history that our fire service legislation has not been through these basic prerequisites. The lack of detail, modelling or analysis is a significant impediment in winning the hearts and minds of volunteers and opens the State up to enormous risk of unintended consequences to what is essentially - critical public policy.

We must keep reminding people we are not opposed to change that improves our fire services in a demonstrable way, and for the benefit of our communities. Just ‘hoping’ this is the outcome of the proposed changes and crossing our fingers and hoping for the best just simply isn’t good enough.

We don’t go to a fire and just ‘hope’ to put it out. We plan; we train; we exercise; we study data and impact modelling; we collect intelligence from the field; and we communicate. These concepts should not be foreign when it comes to major structural change of our fire services.

Jack Rush QC reminds us of evidence presented to the Bushfires Royal Commission by Professor Leonard from Harvard University, Professor ‘t Hart former professor of the ANU and now Professor of Public Administration at Utrecht University and Associate Dean of the Netherlands School of Public Administration in The Hague and General Molan former Chief of the Allied Operations in Iraq.

All three warned of the dangers of radical change to organisations, and they drew on evidence of corporate takeovers where over half failed in terms of value creation with many ending up exacerbating rather than erasing tribal identities. Incremental change, they said, often produces far better results than radical change. I can think of no better analogy for what has been presented to us in this Bill.

Throughout the debate, I have heard many slurs on our CFA and the ability of volunteers to provide a world class service to urban communities. I have been saddened that these attacks have gone unanswered by those in positions of authority, and that response time data continues to be manipulated and misrepresented to the Victorian community to try and erode public confidence in CFA and CFA volunteers. Many commentators have unwittingly also criticised our respected career staff operating from the 38 integrated brigades when they say CFA simply isn’t up to it.

While much has been made of response times as seemingly one reason for the change, the fact remains that response times today are not based on modern data but have been inherited from outdated modelling and research from the United Kingdom in the 1950s. Targets have not been updated to cater for new building regulations nor the significant improvements to building materials or fire rating construction. Don’t just take my word for it, only four years ago, the Victorian Auditor General published his findings in 2015 that the current response time targets are outdated, not based on evidence or a clear rationale. The results of the audit found that current targets do not reflect best practice, optimal service efficiency or improved outcomes and are not appropriate standalone measures. The audit’s findings and recommendations from 2015 are amongst the plethora of previous review recommendations that the proposed ‘reform’ does not address.

Across the world, modern fire services have developed new and improved measures - putting more emphasis on outcome measurements such as loss of life, injury, preparedness and property damage, because these measurements better capture the impact of the whole range of fire service activity, including prevention, preparedness and response. Driving service delivery improvement through the narrow lens of just response times is not only short sighted but it is also not in the best interests of public safety nor public value.

We all want safe and resilient communities - and a strong and vibrant CFA goes hand in hand with that. And we all want to put public safety at the centre of everything we do. My hope is that one day legislators, agencies and all stakeholders find a way to put their differences aside and collaborate to develop real service improvements that will actually lead to lasting benefits for our communities. I am committed to this – and I know you are too. We will continue to advocate for reforms to be developed collaboratively, openly and most importantly – transparently. Reform that brings people along with it, rather than pits firefighter against firefighter and reform that actually benefits our communities.

NEW CFA CEO APPOINTED

I congratulate Steve Warrington AFSM on being appointed as CFA’s new CEO following the departure of Dr Paul Smith. I have worked with Steve over many years and have always appreciated his passion and enthusiasm. I wish him all the best and look forward to working with him in his new role. Combing the CEO role with the Chief Officer role will be a significant challenge for the organisation and will require all of us to lend our support to give this change the best opportunity for success. To this I, and the VFBV Board, are committed.

PRESUMPTIVE LEGISLATION

Recently I represented Victoria at CAVFA (the Council of Australian Volunteer Fire Associations). This national body was established to give volunteer firefighters a united voice in discussions and negotiations with governments and key stakeholders at a national level. These meetings provide a terrific forum for the State volunteer associations to come together and share information and advocate on matters of policy which impact volunteer firefighters across Australia.

It was with mixed emotions I heard the progress of presumptive legislation in the other States and Territories, with NSW recently passing fair and equal presumptive legislation. It is disheartening that Victoria is now the only State in Australia that does not have presumptive legislation for firefighters diagnosed with one of the 12 cancers that have been determined by scientists to be linked to firefighting. It is also sad that while almost all other States have introduced equal legislation that treats paid firefighters and volunteers the same, Victoria is still pursing legislation that discriminates against volunteers and proposes to treat them differently.

VFBV will continue its campaign for Presumptive Legislation that protects our firefighters and treats volunteers and staff equally. We will continue to campaign against unfair additional barriers and bureaucratic burdens for volunteer firefighters that are not applied to staff claims. We attend the same incidents, face the same risks and breathe the same smoke. Neither cancer nor smoke discriminates on the basis of if someone is paid or not – so neither should the legislation that protects us.

I have seen first hand during our support for a number of sick volunteers who have been forced to navigate arbitrary and bureaucratic barriers and drawn out legal processes only to be denied access to early, simple and compassionate support, and the terrible pain, suffering and heartache this inflicts on a person and their family at a time they are most vulnerable. It’s cruel, unfair and we must continue to do everything in our power to bring about change.

This isn’t just theoretical. Today, there are sick firefighters who need our help. People like CFA volunteer Rob Gibbs who has had to fight not only the cancer ravaging his body, but the bureaucrats and lawyers as well. At a time when he should be spending precious time with his family and concentrating on his health – he has had to deal with layer after layer of red tape, uncertainty and delays.

We must remove the proposed additional barriers that will only apply to volunteer firefighters. This is a moral issue – and one which we need to call out and stand up for. I call on all political parties, stakeholders and CFA members to unite on this most important issue and work together to deliver the presumptive legislation that Victorian firefighters deserve. Legislation that is fair and compassionate and that treats all firefighters equally and with respect. Victorian firefighters deserve no less.

LOOK AFTER EACH OTHER

I want to acknowledge how hard the last couple of years has been for you. I understand many of you are feeling disappointed and angry. Everyone is different and their reactions to potentially traumatic or stressful events will be different. Please look after yourselves and each other. Respect different opinions and viewpoints and offer your fellow members patience, empathy and solidarity as we move through this journey together.

The CFA Wellbeing Support Line is available 24/7 and can be reached on 1800 959 232. These services are available to all CFA members and their immediate families at no charge.

Despair at lack of due process 

VFBV Media Release - 6 June 2019

The contentious Fire Services Reform bill was today pushed through the Legislative Assembly (Lower House) at record pace, avoiding scrutiny or time for members of Parliament to read and consult with stakeholders and constituents on the legislation.

The fate of community safety and CFA, a world-respected and highly successful emergency service, now rests on the checks and balances in the Legislative Council (Upper House), particularly the votes of the cross bench made up of the minor party and independent Members of Parliament who hold the balance of power.

VFBV continues to hear from CFA volunteers around Victoria who are dismayed at the lack of process and scrutiny of what is essentially a piece of critical public policy that will significantly impact Victoria’s trusted and respected emergency services.

Adam Barnett, CEO of VFBV, said there was an overwhelming feeling of being bulldozed and disregarded over proposed changes, with CFA volunteers particularly angry with the repeated misrepresentations and falsehoods that CFA is not providing world class service to urban communities.

“No credible evidence has been provided to back those claims – and worse, the proposed changes add no additional capacity to the system. Changing logos on trucks, uniforms and payslips does not modernise or improve community safety.” he said.

VFBV continues to respectfully call for evidence to support the Government’s case for change, including impact modelling, cost analysis and consultation. The lack of detail, modelling or analysis is a significant impediment in winning the hearts and minds of volunteers, who are not opposed to change that improves the services in a demonstrable way, Mr Barnett added.

Limited debate on the proposed legislation has occurred in the Lower House this week, with MP’s provided no time between the legislation being tabled and made public. Volunteers have been particularly concerned by some of the uninformed comments from some commentators. The process was labelled undemocratic due to the lack of proper Parliamentary oversight and public and stakeholder scrutiny.

“I reject any implication that the proposed changes will modernise our fire services. The proposed Bill actually takes us backwards pre-CFA – reverting to a model similar to what existed at the time of the disastrous 1938/39 ‘Black Friday’ fires, that saw more than two million hectares destroyed and 71 people dead.

"Back then there was The Bush Fire Brigades and the Country Fire Brigades operating across regional and rural Victoria as two distinct fire services, together with the Forests Commission. These two services operated with inconsistent equipment, different operational doctrine, different chains of command and inconsistent equipment; and that cost lives.”

Mr Barnett pointed out that CFA was established to fix the problem of multiple services competing across the same geographic areas. CFA has successfully adapted and evolved to growing urbanisation for decades due to the flexibility delivered from its integrated model, where staff and volunteers train, respond and work as one under a common chain of command and operational doctrine.

“The existing CFA model is seen as highly successful and is envied around the world” Mr Barnett said, adding that New Zealand had recently followed Victoria’s lead to integrate paid and volunteer fire services.

“Every report and recommendation recently has said we should strengthen integration between staff and volunteers, but this Bill does the opposite, leaving us with a patchwork of boundaries across Victoria where two fire services will now cohabitate, with different training, equipment, operational doctrine, command structures and accountabilities, where there is currently one.”

“Morale is at an all-time low. Volunteers are telling us of their despondency that logic, evidence, common sense and decency do not seem to be factors driving this proposal.”

“We all want safe and resilient communities and a strong and vibrant CFA. And we all want to put public safety at the centre of everything we do. Our concern is the proposed legislation does none of those things.”

“Victoria currently has the ‘best of both worlds’, with career and volunteer firefighters working together, training together, using the same equipment and responding together.”

As a former justice and senior counsel to the Bushfires Royal Commission Jack Rush QC recently said, the whole-of-government submission made to the Royal Commission in 2009, boiled down to two key points in relation to structural change;

-a change to the metropolitan fire district boundaries would have a significant reduction on the critical surge capacity of the CFA; and 

-the cost of the CFA integrated stations was significantly less than comparable metropolitan fire stations. 

“One of the Government’s stated objectives is to strengthen the role of CFA as a volunteer firefighting organisation, yet it has so far ignored the very clear advice from the volunteer firefighters’ themselves that the legislation would be extremely damaging to those objectives.” Mr Barnett said.

“CFA volunteers have extensive experience and knowledge about what is needed to protect Victoria, and yet they haven’t even had a say in this major, highly concerning legislation that directly impacts them and the communities they have sworn to protect” he added.

“Overwhelmingly they are asking us, their representative, to continue to strive to have their voices heard and to try to save as much of our world-class service as possible. More importantly for them, they want confidence that community safety is the driver for changes made to our service. They currently do not believe this is the case.”

The legislation package includes Presumptive Legislation that blatantly discriminates against volunteers, further undermining statements that volunteers are respected and valued,” Mr Barnett added.

“That cancer compensation would be tied to completely unrelated structural reform is a real kick in the guts for the very volunteers who selflessly put themselves in harms way to protect lives and property. There is no acceptable reason to tie the two together, and there is most certainly no reason to discriminate against volunteers. Cancer doesn’t discriminate based on pay status, so why should this legislation? Volunteers and paid staff attend the same incidents, face the same risks and breathe the same smoke.

“This bill was drafted initially in secret, without any input from CFA or MFB leadership, or even the Emergency Management Commissioner. No clear case has ever been put forward and no analysis or modelling to demonstrate what, if any, benefits and impacts it will have on community safety outcomes and CFA efficiency.

“VFBV welcomes any reforms that improve the way Victorian fire services work, and I continue to reaffirm my commitment to working with Government in shaping the strongest CFA for the future. However, these reforms need to be developed collaboratively, openly and most importantly – transparently. Victoria deserves no less,” Mr Barnett said.

Useful links:

VFBV Submission to Fire Services Bill Select Committee.

Jack Rush QC Radio Interview. 

Fire Service Restructure Update and VFBV legal advice.

SOP Consultation 

VFBV and CFA has commenced consultation on a number of SOP’s currently under review. Copies of each draft SOP is available via the VFBV website.

VFBV District Councils are now providing the opportunity for all members to review, discuss and provide feedback on CFA’s proposed changes. Any comments on suggested improvements or clarifications are welcome, as would any practical limitations or difficulties members may identify. Feedback via email or post would be most preferred, and feedback is welcome from any individual, brigade or group. Feedback will be used by VFBV to provide a formal response to CFA.

Feedback is requested no later than the 15th July 2019.

It would be preferred that members provide feedback ASAP, so that it can be received incrementally, allowing us enough time to consolidate, identify trends and research issues raised by members.

SOP’s being reviewed are 5.04 Service Hose Testing and Coupling Inspection; SOP 9.14 Low Voltage Fuse Removal; SOP 9.41 Safe Work at Heights; SOP 10.24 Emergency Medical Response; and SOP 10.27 Train Incidents.

CFA is also proposing to revoke two SOP’s - SOP 6.03 Derelict Structures – Burning Of and SOP 9.06 Fire Alarms – Monitoring and Logging of Tests.

Check the VFBV website for details. 

Provisional Payments Pilot 

VFBV has been working with Government on its election commitment for a Provisional Payments pilot. The pilot is part of the Governments Mental Health initiatives and will allow eligible emergency workers (including volunteers) to access payments for medical treatment and services while their compensation claim is being assessed. The pilot will focus on determining claims as quickly as possible, recognising the importance of early intervention.

A Governmental Steering Committee has been established to oversee and guide the pilot in making provisional payments to eligible volunteer emergency workers and it will operate in conjunction with a Steering Committee focused on the in scope paid workforces. The Steering Committee is made up of representatives including AV, CFA, SES, Victoria Police and VFBV. Government agencies are represented on the Committee including the Department of Premier and Cabinet – Justice -Treasury and Health, DELWP, EMV, and Worksafe.

VFBV is represented by CEO Adam Barnett who has reported very positive progress. “I commend the Government on this mental health initiative and see this as an extremely important project to improve early intervention for emergency service volunteers and staff alike. This is a very positive step in helping to remove the stigma around seeking assistance for mental health and providing members with compassionate and accessible options for support,” he said.

We will keep you updated on progress.

Presumptive Legislation Should Treat All Firefighters Equally 

Volunteer and career firefighters attend the same types of incidents, are exposed to the same toxins and breathe the same smoke. They should be treated equally. The process for a sick firefighter to apply for support should be fair, simple and compassionate.

Presumptive Legislation is long overdue - and all Victorian firefighters should have equal protection under the law. The proposed legislation should be changed to provide equal protection to volunteers.

VFBV have released a news note that explains the main concerns VFBV have been raising around the proposed presumptive legislation, and a summary of what changes to the legislation we have been advocating for.

The news note can be downloaded from the VFBV website. The changes that VFBV are advocating for can be found on page 4 of the news note. 

The VFBV website also has a personal story of Rob Gibbs a CFA volunteer who has had his claim for compensation rejected by CFA after being diaganosed with a rare form of leukaemia.  

Nominations for Trust Fund

The VFBV Board is calling for nominations to the CFA and Brigades Donations Trust Fund.

Nominations close Friday 21st June 2019 and can be mailed to VFBV office 9/24 Lakeside Drive, Burwood East 3151 or emailed to This email address is being protected from spambots. You need JavaScript enabled to view it. 

You Could Win!!

Brigades or Groups that pay VFBV affiliations before 30 June 2019 will automatically go into the draw for a chance to win one of four great prizes!

The 2019/20 Affiliation notices for your Brigade/Group’s VFBV affiliation and VFBV Welfare Fund Subscriptions are with your Secretary now with a due date of 30 June 2019.

As a gesture of appreciation to Brigades and Groups that pay VFBV affiliation prior to 30th June, VFBV will automatically place your Brigade or Group into a draw for a chance to win one of these great prizes, kindly donated by GAAM Emergency Products and Powdersafe Pty. Ltd.

Volunteer Week - a very special - thank-you!

It was National Volunteer Week from 20 - 26 May and VFBV took the opportunity to showcase some of our great volunteer stories. The theme for the week was “making a world of difference” and it was great to see many brigades sharing their stories on Facebook and other media. You can find all these stories on the VFBV website.

On the final day of Volunteer Week, VFBV posted a special thank-you to our VFBV elected representatives across Victoria:

As National Volunteer Week 2019 draws to an end I want to close with a special thanks to the people who do so much to keep CFA brigades and groups connected – our VFBV elected representatives right across Victoria. I can’t thank them enough for the additional time and effort they dedicate to improving the welfare and efficiency of CFA brigades, groups and volunteers.

VFBV representatives are conditioned to put others first, whether it be their communities, other brigades, groups or their fellow volunteers. This culture of dedicated and selfless service is a proud tradition of the Association, and one in which we are rightfully proud. And this week’s celebration of National Volunteer Week has been no different, thanking and acknowledging the fantastic contributions of CFA volunteers. As the week draws to a close, I thought it fitting to save our last thank-you for all those that contribute directly to VFBV’s important work. Whether they are a VFBV Board Member, State Councillor, District Council Executive or Official, Brigade or Group Delegate, a member of our small staff team or any other volunteers, friends and supporters who contribute behind the scenes – they are what makes our large and diverse VFBV family so wonderful.

Without them, VFBV would be unable to do its work to provide a united voice for volunteers and volunteer brigades and groups. They spend every day - trying to make things better.

Through our VFBV network we gather the views of volunteers starting at brigade level, represent their interests up through the VFBV District and State Councils and to the Board through to CFA management and joint consultative committees, to other emergency and volunteer organisations, and to the Government and Victorian public.

VFBV is a critical feedback loop connecting brigades to each other and to CFA’s organisational structure. Our network of VFBV volunteer leaders ensure there is a united, coordinated and comprehensive view of what volunteers need, what they think of new initiatives and changes, and how those changes can impact at the ground and community level. They provide genuine, connected and credible advice on what CFA volunteers are thinking and what they need to be safe, supported and more effective. They also play a critical role in keeping brigades advised about what’s happening at CFA and how that impacts them.

They are champions of the CFA Volunteer Charter, and face the challenging and often frustrating task to hold others to account for the commitments they’ve made there.

Our representatives dedicate a lot of additional time and effort, invisible to most of us except maybe their families, to undertake that consultation and coordination role. They regularly deal with the urgent requests and frustrations of brigades and do their utmost to ensure they get resolved with CFA as quickly as possible. As such they are on the front line as a key conduit and coordination point for you, and for every CFA brigade and group.

Some might wonder why they do it given the workload and the sometimes thankless task of consulting and coordinating on behalf of others – but like every CFA volunteer they are committed to having the most efficient and effective fire service and the safest and most resilient communities possible. Even more, they are committed to ensuring that their fellow volunteers are looked after and that there is a realistic touchstone for local views ‘on the ground’, when at times CFA policies or priorities might seem a touch unrealistic or impractical with day-to-day brigade experiences.

As volunteers start working higher in the CFA structure, such as at Brigade, Group, District or State level, there are even more commitments and more energy put into making CFA the world-respected organisation it is today.

I am always impressed and humbled by the professionalism, the dedication and the sheer resilience of our VFBV representatives, given the issues that face CFA as an organisation and the sheer number of brigades and people they deal with in the course of their work. To maintain positive attitudes and a professional outlook when the majority of issues they are approached with are from volunteers having a negative experience – requires immense personal conviction and dedication and very strong personal values and empathy for their fellow volunteers.

So, on a very personal note, where no words will ever be enough - let me say a huge public thank-you for the work that my fellow VFBV representatives do. Many of them will feel embarrassed to be so publicly singled out for thanks, but now probably more than ever its important I thank and acknowledge the incredibly important work they do on behalf of all CFA volunteers.

To you our delegates I say thank-you and well done! Many will never know your full achievements or sacrifices in making CFA a better place – but rest assured the work you do is appreciated, valued and respected, and makes the world of difference to tens of thousands of volunteers and their communities across the State.

And while every CFA volunteer deserves thanks and recognition for the work they do – giving up their personal time for training, dropping everything to respond to emergencies and undertaking the myriad of activities from station-keeping to community education that contribute to safer Victorian communities, I save this last thank-you for those of you that always put others first.

From the bottom of my heart, and on behalf of the entire VFBV family and network – thank-you! It is a privilege and honour to work alongside you towards our vision for Strong Volunteerism, Embraced to Build Community Resilience for a Safer Victoria.

Adam Barnett
Chief Executive Officer
Volunteer Fire Brigades Victoria

National Volunteer Week 2019 

Over the course of the National Volunteer Week (20 - 26 May 2019) VFBV has undertaken a number of activities to promote CFA volunteers, including re-tweeting and sharing CFA and other articles. We've shared and promoted the VicSES 'Wear Orange Wednesday' campaign, in recognition of the close bond we have with our colleagues in orange. And we've generated and shared a number of our own stories on Facebook, Twitter and to media around Victoria.

Check out some of the highlights from this showcase and feature stories via our website:

	Monday, 20th May 2019 CFA Volunteers Make a World of Difference to Victoria
	Tuesday, 21st May 2019  Melbourne Coast Guards - Not Your Average CFA Volunteer
	Wednesday, 22nd May 2019 CFA Volunteers rope in specialised skills to help save lives
	Thursday, 23rd May 2019 Lessons from history drive new approaches to planned burns
	Friday 24th May 2019 Volunteering 'just what you do' in your community says CFA Captain
	Saturday, 25th May 2019 Recognising a life of volunteering and three generations of CFA people

Invitation to Apply: Board Members of Volunteer Fire Brigades Victoria 

INVITATION OPEN TO ALL VOLUNTEERS TO APPLY

Closing date for written applications is 31st July 2019

VFBV advances the interests of all Victorian fire brigade volunteers and advocates on their behalf to CFA and other key stakeholders. The VFBV Board drives policy development based on volunteer input and is involved in management of issues of central importance to all CFA volunteers.

Vacancies for Four Board Members will arise when the terms of Samantha Rothman, Kate Boschetti, Jan Cleary and Libby Hay expire on 1st October 2019; all members are eligible for reappointment.

The term of appointment will be to 1st October 2021 (two years) and applications are invited from interested volunteers to be considered for these vacancies.

The role of a VFBV Board Member involves contributing to VFBV direction, policy determination and monitoring the performance and governance of the Association. Also actively contributing to policy discussion at Board Meetings, networking with others about policies and issues management, and not only making decisions but being prepared to actively advocate for the benefit of all CFA volunteers and ultimately the Victorian community.

A Board Member Role Statement including the key selection criteria is available from the VFBV office or from the VFBV website.

This is an honorary position; no honorarium is paid.

If you are motivated by the prospect of making a difference for CFA volunteers, then send your written application addressing the key selection criteria in the role statement, plus an outline of your CFA activity including the names of two referees.

Applications must be lodged with VFBV by Wednesday 31st July 2019 to:

VFBV, 9/24 Lakeside Drive, Burwood East 3151

Tel: 9886 1141; Fax: 9886 1618

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Volunteer and career firefighters attend the same types of incidents, are exposed to the same toxins and breathe the same smoke. They should be treated equally. The process for a sick firefighter to apply for support should be fair, simple and compassionate.

Presumptive legislation is long overdue – and all Victorian firefighters should have equal protection under the law.  The proposed legislation should be changed to provide equal protection to volunteers.

Rob Gibbs’ Story

Robs heartbreaking story was broadcast this week on Channel Nine’s - A Current Affair on Tuesday 11th June.

Rob Gibbs was a CFA volunteer and father of one who went from a healthy, middle-aged man who never smoked and barely drank, to being diagnosed with a rare form of leukaemia.

Oncologist Stephen Vaughan found Rob’s exposure to chemicals, like benzene, during his work as a firefighter, was a contributing cause of Rob’s leukaemia. But when Rob went to the CFA in 2015 to ask for help paying for his medication, his claim was rejected.

In 2018, Rob was forced to take CFA to the Supreme Court for judicial relief.

Rob has been forced to rely on a “Firefighters Assessment Panel” established under current legislation that is very similar to what is proposed by the Governments Fire Services Reform Bill.

CFA describes this panel as: “A Firefighters Assessment Panel has been formed to assist with the management and assessment of career and volunteer firefighter cancer related claims. The Firefighter Assessment panel is managed by Worksafe with the support of CFA and comprises expert medical, technical and claims specialists to ensure prompt, compassionate and fair assessments for all cancer related claims.”

In Robs case before the Supreme Court, his lawyers described how he was let down by this panel and was provided no opportunity to respond to the panels deliberations or findings. It was further alleged the process used was biased in its determination against Rob.

Rob has spent years trying to navigate this process – all at a time he is the most vulnerable.

As Robs story demonstrates, volunteers have every reason to be concerned about the proposed arrangements in the current Bill before Parliament, that will require them to traverse a potentially similar process.

As the honourable Jack Rush QC summarised in his legal analysis of the Bill

“…no attempt has been made in the Bill or in the accompanying Explanatory Memorandum to explain why the operation of the presumption is made more difficult and arbitrary for volunteer firefighters. The legislation is entirely unsatisfactory and prejudicial to volunteer firefighters who may be diagnosed and wish to claim for a specified cancer. By comparison with a career firefighter diagnosed with and wishing to claim for precisely the same specified cancer the volunteer is required to proceed through an ill-defined and arbitrary process culminating in the Workcover Authority being able to reject the expert opinion of an advisory committee established by the Act. This leads to the remarkable outcome that a volunteer firefighter may attend exactly the same fires, be exposed to exactly the same toxins but only the career firefighter will have the advantage of the presumption and a straightforward route to compensation. For the volunteer the Bill is capricious and unfair.”

What is presumptive legislation?

Firefighters are exposed to toxic substances in the course of their work. Toxins can be inhaled or absorbed through the skin. Obvious hazards include toxic waste sites and industrial premises, but carcinogens can also be present as a result of substances in residential fire, hazmat incidents, motor vehicle fires, and even bushfires to name just a few.

International research, including Australian studies commissioned by the Australasian Fire and Emergency Service Authorities Council (AFAC) to carry out a national retrospective study of firefighters' mortality and cancer incidence have linked 12 specific cancers identified as being directly related to firefighting activities:

Presumptive legislation for firefighters reverses the onus of proof that applies in other compensation schemes. This means the cancer will be presumed to be firefighter related and the sick firefighter will have quick access to support and compensation to cover medical expenses unless Workcover or the insurer can prove the cancer was caused by some other factor.

Current Victorian law presents the sick firefighter with the nearly impossible task of showing evidence of fires or incidents they attended and prove on the balance of probabilities which incidents or which toxic exposures caused the cancer. If a firefighter broke a leg at a fire incident, they would be covered immediately, yet when a firefighter is exposed to a carcinogen and falls ill some years later (sometime 25 years later) – they face a battle with the State and insurers of David and Goliath proportions just to get a fair go.

Victoria is the only State in Australia not to have Presumptive Legislation in place for firefighters

Victoria is currently the only state in Australia without presumptive legislation for firefighters.

The proposed Fire Services Bill introduced by the Andrews’ Government last year and again in 2019 contains two very separate and distinct issues: 

1)      the restructure of the fire services to create Fire Rescue Victoria and

2)      Presumptive Legislation.

It is VFBV’s position that these two elements can and should be separate legislation. There are no dependencies between the two pieces of legislation – one does not rely on the other to operate.

Motions to separate the Bill and present Presumptive Legislation separately have been put up by several parties (including an independent) on at least three occasions in the last two years, but have not been supported by the Government.

Victorian Proposed Legislation Discriminates Against Volunteers

The core issue with the proposed legislation is that it disadvantages volunteers by requiring them to meet additional bureaucratic burdens and a higher standard of proof than career firefighters.

·         Volunteers must prove they’ve attended enough fires to qualify as a firefighter for compensation, even though most other States have avoided incident thresholds as they are unreliable and not supported by evidence. A single exposure to a dangerous toxin can cause cancer. Staff do not need to prove how many fires they’ve attended (regardless of their role, e.g. working office duties).

·         There is no definition of what constitutes enough fires. This leaves a subjective and unfair threshold that leaves the volunteer firefighter wondering if they will be covered or not – and at the whim of Worksafe and the ‘advisory committee’.

·         The ‘advisory committee’ process is mandatory for all volunteer claims, regardless of how experienced or exposed they may be, and how clear their case. 

·         The advisory committee is not even required to tell the volunteer why their claim was rejected or on what grounds. 

Effectively, this advisory committee is reversing the intention of the legislation and is putting the onus of proving they qualify for compensation back onto the sick volunteer firefighter.

This adds time, stress and uncertainty to volunteer firefighters with no demonstrable benefit.  The data to demonstrate a CFA volunteer’s operational membership is readily available from CFA and recorded on the volunteer firefighter’s membership records.

The legislation is not the same as the Queensland legislation

Claims that the Victorian legislation is the same as in Queensland, providing equal and fair treatment of paid and volunteer firefighters, are not correct.

In Queensland, an ‘administrative committee’ exists that is not legislated, nor mandatory, and it has been established to assist volunteers in that State gather the information and data they need to demonstrate they have served the relevant waiting periods, as QLD volunteer brigades have not in the past had accurate or centralised records of service.

In Queensland – this committee is only used to determine if the waiting period has been served - and applies to both staff and volunteers equally. It is only used in the absence of accurate records. 

Further, the Queensland Committee is chaired by their Fire Services Commissioner and includes representatives from the volunteer association for volunteer claims and union representatives in the case of staff. To the best of our knowledge – this committee has never been used or needed.

The opinion of a legal firm that represents career and volunteer firefighters in Queensland, Victoria and nationwide, says:

“The fundamental difference between the Queensland and Victorian legislation is that Queensland legislation treats volunteer and career firefighters the same. The proposed Victorian legislation does not. For a Victorian volunteer firefighter to have their claim accepted, additional hurdles must be jumped over when compared to their career firefighter counterpart.”

[Ref: James Law submission Fire Services Select Committee 2017]

It is also important to note that the Queensland legislation has no sunset or cut off period, whereas the proposed Victorian legislation cuts off 10 years after the firefighter retires or resigns.

Victoria has Accurate Member Status Records

In Victoria, CFA has a centralised database that keeps an accurate record of a volunteer’s operational status – and records every change made to their status and when it changed. Brigades undergo an annual ‘Section 29’ inspection in which a range of data is validated and verified, including who are operational members.  Therefore, there is no need for a legislated and mandatory committee process for CFA volunteers.

Criteria for membership to the Advisory Committee and case assessment is currently unclear, except that the committee will be direct appointments by the Government.  There are currently no probity measures or governance in place to prevent politicisation of appointments. There are also no clear process and criteria to ensure a fair and equitable process and outcomes for volunteer firefighters who are victims of cancer.

Priority changes advocated by VFBV

Based on our initial analysis of the Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Bill 2019, the following changes could be made to the proposed legislation to remove the unfair and discriminatory treatment of volunteer firefighters: