VFBV

The November 2018 Newsletter is now available. Click here to view the full November 2018 edition.

You can view all previous editions by visiting the Archives available by clicking here. (Click on the Months Heading after you go to this page - to expand that months content.)

As we all prepare for the upcoming fire season, many are also nervous about the end of November when Victoria will elect its 59th Parliament and the fate of the CFA will be decided.

It is fair to say that for those of us involved in trying to help governments develop and implement policies that make things better, this election comes after a very challenging four years – and it’s not over yet.

Members know that VFBV started lobbying the Liberal Government before the last election in 2014 for Presumptive Cancer Legislation for CFA Volunteers. As history shows, the then Labor opposition promised to deliver Presumptive Legislation if elected.

This promise was not delivered.

Earlier this year, the Andrews Government introduced extremely controversial legislation alarmingly tying a deficient firefighters presumptive firefighters presumptive cancer Bill to proposed legislation that that would dismantle the CFA and further erode the CFA Chief and others’ power and control. Worse still, the Presumptive Cancer component did not deliver what was promised to volunteers and perpetuated discriminatory bureaucratic hurdles applying only to volunteers.

Many Members of Parliament were in support of progressing presumptive cancer legislation but could not vote for it because doing so would have also meant the destruction of the CFA. Moves to separate the legislation and progress the cancer protection components separately were also blocked by Labor, Greens and Reason Party MPs.

VFBV always seeks to remain non-party political in that we don’t “pick sides”, but we do have a very important role in making sure that any proposed policy is in the best interests of the safety of our communities and support to our members irrespective of which political party is in power.

Unfortunately just last week, Daniel Andrews confirmed he plans to pursue the same agenda to dismantle the CFA and hand the UFU even more control of Victoria’s fire services if he is still the Premier after the election. However, we know there are Members of the Labor Party who disagree with Mr Andrews and Candidates from other Parties who hold strong views on the issue as well.

Given the community interest in supporting CFA Volunteers and the diversity of views among political candidates - even within the same Party - VFBV is inviting every Candidate in every Electorate to publicly commit to the pledge below.

Responses are still coming in, but I urge everyone to visit www.CFAPledge.com.au to see if the Candidates in your electorate have taken the pledge to support CFA Volunteers or made any other comments that might help you and your family get a more clear picture of who you would like to represent you in Parliament.

Unrelated to the election, VFBV has also just launched some public messaging as part of a range of things we are progressively developing to help the public:

1. better understand the range and extent of the work CFA Volunteers do to keep our community safe,
   
   
2. learn about how they can help CFA Volunteers by being prepared in case of emergency, and  
   
   
3. have more “skin in the game” by actively engaging with us as Supporters of CFA Volunteers.

This year, we have produced two audio messages voiced by VFBV State President Nev Jones that will be played on various radio stations across Victoria until summer. We have also developed a new public-facing website called www.SupportCFAVolunteers.com.au which aims to separate news, tools and information from the technical and operational information members need from our existing www.vfbv.com.au site. Most importantly, the new site encourages visitors to register as a Supporter of CFA Volunteers which will allow us to develop a network of people who care.

It is important for all of us to remind the community about the capacity, value and essential nature of CFA Volunteers and the current CFA model.

The CFA community embedded and volunteer-based model, with volunteers and paid CFA staff working together as one team, is the best model for Victoria. As CFA Volunteers, we also know the current CFA model is the only model capable of mobilising the enormous resources required to deal with major, concurrent and long duration fires experienced almost every Victorian summer.

The fact is that all major fire services reviews, including the 2009 Victorian Bushfires Royal Commission, recognised the vital importance of the current CFA model, and in particular, the importance of:  

1. the flexibility and capacity of CFA that exists because of its fully integrated paid and volunteer model, to continually evolve and adapt to meet changing risk circumstances and growing community service demands;
   
   
2. CFA’s highly trained and prepared volunteer surge capacity able to be mobilised from volunteer brigades across Melbourne’s outer metropolitan area, provincial towns and CFA’s network of almost 1200 brigades;
   
   
3. the value of CFA’s major incident management experience and local knowledge that exists within CFA’s vast volunteer resource;
   
   
4. the importance of the CFA model as a fundamental foundation of community capacity and resilience; and
   
   
5. the importance of respecting and recognising the value and professionalism of the work performed by CFA volunteers.

Unfortunately, some politicians and others with influence over them, have spent much of the past four years repeatedly telling the public that the CFA model no longer works, is stuck in the past, is outdated and somehow second- rate compared to a paid firefighter model.

While it’s obvious to us that dismantling CFA is not the answer, the repetition of this spin and political argy-bargy has left much of the public confused and with less confidence in our incredible service.

Please encourage your colleagues and friends to visit www.SupportCFAVolunteers.com.au and register as a Supporter of CFA Volunteers, and www.CFAPledge.com.au to learn more about the support your local Candidates are promising to CFA Volunteers if they are elected on 24 November.

Most importantly, I ask all volunteers to please actively support VFBV’s efforts to secure from every candidate, their commitment to the following pledge:

“I commit that I will not support any action that alters the existing CFA legislative arrangements unless such changes are recommended by an expert and independent review based on proper, transparent and evidence-based feasibility/cost/benefit analysis involving thorough consultation with CFA volunteers

 AND

I commit that I will not support any action, policy or legislative change likely to impact on CFA volunteers until the obligations and commitments set out in the CFA Volunteer Charter have been explicitly and fully adhered to.”

As candidates’ responses to the pledge are received, it will be very important that these are made known to as wider community audience as possible, congratulating those who take the pledge and encouraging those who don’t to think again. I urge all members to personally get involved and take action to spread the word and help ensure CFA is not destroyed.

The Victorian Government has recently completed its sunset review of the Plumbing Regulations, and have again failed to consult with VFBV or volunteers during its review. The Minister for Planning Mr Richard Wynne has announced the new Regulations which are to come into effect on 18 November 2018. The new regulations will have an impact on any CFA brigade that is currently providing FEM (Fire Equipment Maintenance) services to their communities and currently service fire hose reels.

Under the new Regulations, ‘routine servicing’ has been explicitly inserted into the regulations which will have the effect of regulating the twice-yearly routine servicing of all fire hose reels that has previously been done by qualified CFA Brigades, and now requires this work to be done by a licensed plumber.

There are currently more than 300 CFA Brigades and more than 1500 CFA members currently trained and performing routine inspection and service on fire equipment to over 30,000 premises across Victoria.

The regulations sunset review was conducted by the Department of Environment, Land, Water and Planning. Despite VFBV raising its concerns directly during the review period – both DELWP and CFA have failed to engage with VFBV or volunteers on the significant impacts that the new regulations will have on CFA volunteers.

Disappointingly, DELWP ignored VFBV’s requests for engagement and consultation during the review, eventually responding to VFBV correspondence advising that the “public consultation period is now closed.”

Most alarmingly, over a month after the regulatory review was finalised, CFA formally advised VFBV that it had not completed work on potential impacts of the new regulations, and would advise VFBV “in due course.” CFA further advised that it was CFA’s view that the most appropriate approach is to wait for the legislation to be drafted and passed by government prior to formal engagement with brigades or VFBV.

As a result – the full impact of this legislative change was most likely little understood by decision makers during the Regulatory Impact process.

Current CFA recommended pricing of the six-monthly Level 1 hose reel servicing for example is $6.50 with the annual Level 2 service provided for $15.50 Concerns about the lack of licensed plumbers willing to conduct this rudimentary work, especially in remote rural areas, has led many to fear market economics of supply and demand may drive large scale non-compliance and put upward pressure on costs that will inevitably be passed on to the public.

VFBV continues to receive a high number of enquiries from the field requesting updates on Volunteer Workwear and Structural Helmets. We have very little information on either of these topics, and unfortunately have very little to add to that of previous updates. We share members frustration with the lack of information or status.

With regards to volunteer workwear, VFBV received a request from CFA on the 3rd October 2018 asking that we provide feedback on a draft survey that CFA was proposing to run on the week starting the 15th October. VFBV responded to this correspondence with feedback on the proposed survey and have not received any further information, and are unsure why the survey was not released as planned. Delegates from the Joint VFBV/CFA Volunteerism committee requested an update on Sunday 18th November, and were advised that CFA would get back to us.

With regards to Structural Helmets, VFBV’s last conversation on this topic was held with CFA on the 11th October 2018. Following the Chief Officer’s updates via facebook in the week preceding that meeting, VFBV advised CFA that as CFA had decided to trial a number of helmets - it was our expectation that user trials be established as a priority – and that volunteers have an opportunity to be involved in field trials across the State ASAP.  We have not received any further information on timing or arrangements, and no further information was provided to Joint Committees over the weekend on its current status or tender progress.

On Saturday 27th October 2018, the Victorian Liberal Opposition leader Matthew Guy MP and Brad Battin MP Shadow Minister for Emergency Services promised a Liberal National Government will introduce a Presumptive Legislation Bill in the first parliamentary sitting week of 2019 if elected this November.

Brad Battin has confirmed that the legislation proposed by the Victorian Liberal Opposition addresses key principles raised by VFBV, including:

1. will cover the 12 specified cancers and qualifying periods as per Commonwealth legislation;
2. will treat volunteers and paid firefighters equally for eligibility and will not apply extra hurdles or process for volunteers;
3. will include exposures occurring because of firefighting training activity;
4. will provide support mechanisms to establish eligibility where historical records are deficient, like the QLD approach. Will NOT twist this process in a way that creates a barrier to volunteer eligibility;
5. will include provisions to provide special consideration for exceptional exposure events
6. will NOT be tied to other unrelated legislation or negative change, policy, parameters etc as a pre-condition for it being introduced to parliament; and
7. will be introduced to parliament in the first sitting week of 2019, if Liberal Nationals elected this November

This is welcome news and comes on the back of many years of broken promises and political games surrounding this issue.

This is an issue fundamental to supporting firefighters, yet its progress has been frustrated by broken promises, proposals that discriminated against volunteers and for the past year has been inappropriately and immorally tied up as a ransom note and condition of people caving into the Victorian Governments agenda of dismantling CFA and giving more control of CFA to the UFU.

This is an issue fundamental to supporting firefighters, yet its progress has been frustrated by broken promises, proposals that discriminated against volunteers and for the past year has been inappropriately and immorally tied up as a ransom note and condition of people caving into the Victorian Governments agenda of dismantling CFA and giving more control of CFA to the UFU.

VFBV has been campaigning for this important legislation since 2011 and feel very frustrated that despite promises made by the current State Government during the lead up to the last State election we are now the only state in Australia that does not have this legislation in place.

VFBV has consistently argued that the health and safety of our firefighters should be a priority, above politics. Whilst we congratulate the Liberal National Coalition for making this announcement it is important that volunteers now re double our efforts to encourage all politicians to immediately make it a bi-partisan commitment.

Volunteers now need to directly contact your local MP and candidates running in the coming Victorian State election and let them know that:

1. we want all politicians to immediately commit to bipartisan support for simple, non-discriminatory presumptive legislation for all Victorian firefighters;
2. the move by the Victorian Government earlier this year to tie legislation protecting firefighter’s health to unrelated and flawed legislation to dismantle CFA was a huge slap in the face for CFA volunteers and our paid firefighter colleagues.
3. as firefighters across Victoria prepare for a busy and high-risk summer period the least they should be offered peace of mind to know that if they contract cancer as a result of their firefighting duties there will be simple and fair protection that will look after them rather than drag them into complex and unfair legal battle as is currently the case.
4. CFA volunteers are extremely frustrated that the current political and industrial game playing with CFA means that we head into summer without this cancer protection
5. we call on all politicians to commit to supporting the commitment announced today by the Liberal National coalition
6. we also call on every politician to promise never again to tie the firefighter cancer protection issue or any other support for firefighter’s health to any agenda to dismantle CFA or any agenda to diminish the important work that volunteers do.

Ask your local MP to explain to you why a firefighter’s health in Victoria is less important than firefighters in every other state? And let them know that we think holding firefighter’s health as a ransom note for politically motivated destruction of CFA is immoral and irresponsible.

Victoria is the only state without Presumptive Legislation for Firefighters

Scientific evidence already shows firefighters are more prone to certain cancers than the general public, because of their firefighting activities. This evidence has been accepted by a Senate Inquiry, the Australian Parliament and all other State Governments, and it is time Victorian firefighters also had fair access to compensation.

VFBV has worked actively with volunteer representative bodies in all other states to ensure this protection is implemented and to ensure that legislation in each state does not discriminate against volunteers. So whilst we endure continued frustration here in Victoria it’s great to see the legislation in place in each other state.

With the New South Wales Government tabling its Presumptive Legislation recently, this leaves Victoria as the only State in Australia that does not provide presumptive legislation for its firefighters.

Unlike the inferior legislation proposed by the Victorian Government (earlier this year) linked to the carve up of CFA and discriminating against volunteers, the NSW legislation treats volunteer and paid firefighters equally, is simple, has no arbitrary incident activity thresholds hurdles applying for volunteers and does not impose an arbitrary cut-off limit post service.

To Recap – Important Background

Presumptive legislation is commonly referred to as the Firefighters’ Cancer Law – it is designed to provide a fairer and simpler path to compensation for volunteer and paid firefighters who contract typical firefighter cancers.

Presumptive Legislation removes the almost impossible barrier to accessing their existing entitlements. Because of the long onset periods of cancer, firefighter’s have to prove their cancer was caused by one particular fire or incident that might have happened 10 or 15 years ago.

Presumptive Legislation reverses the onus of proof – the firefighter’s cancer would be presumed to be work related provided the firefighter has sufficient years of service. A firefighter’s claim could still be rejected if it could be proven that the cancer was not related to firefighting duties.

Presumption allows the firefighter to concentrate on treatment and recovery, not a lengthy and expensive court case.

The cancers and years-of-service eligibility requirements that appear in the Commonwealth and other States’ legislation can be found here.

What volunteers can do

Speak up.

Ask your local Member of Parliament and any candidate standing in the coming November Victorian State Election for their support – go and see them, write them a letter or send an email, let them know that:

1. we want all politicians to immediately commit to bipartisan support for simple, non-discriminatory presumptive legislation for all Victorian firefighters;
2. the move by the Victorian Government earlier this year to tie legislation protecting firefighter’s health to unrelated and flawed legislation to dismantle CFA was a huge slap in the face for CFA volunteers and our paid firefighter colleagues.
3. as firefighters across Victoria prepare for a busy and high-risk summer period the least they should be offered is to know that if they contract cancer as a result of their firefighting duties there will be simple and fair protection that will look after them rather than drag them into complex and unfair legal battle as is currently the case.
4. CFA volunteers are extremely frustrated that the current political and industrial game playing with CFA means that we head into summer without this cancer protection
5. we call on all politicians to commit to supporting the commitment announced today by the Liberal National coalition
6. we also call on every politician to promise never again to tie the firefighter cancer protection issue or any other support for firefighter’s health to any agenda to dismantle CFA or any other unrelated issue.

Ask your local politicians to explain to you why a firefighter’s health in Victoria is less important than firefighters in every other state? And let them know that we think holding firefighter’s health as a ransom note for politically motivated destruction of CFA is wicked, immoral and irresponsible.

Ask them for a clear-cut answer - Do they support presumptive legislation that treats volunteer and paid firefighters equally?

Ask them to specifically commit that they will support stand-alone, unambiguous, no tricks presumptive cancer legislation?

And while you are there, ask them to promise they will not support any action, legislation or policy that will dismantle CFA.

Visit VFBV website for further information and visit www.SupportCFAVolunteers.com.au to see what politicians are saying or to share important feedback.

VFBV has been advised by VEOHRC that the Commission has decided not to apply to the High Court for special leave to appeal the Court of Appeal decision which stopped the release of the VEOHRC report into MFB and CFA. The Commission has expressed their disappointed that the report was blocked from being published and have advised that the Court of Appeal decision means that the Commission must stop working on the review and cannot publish the final report.

The VEOHRC Commissioner has acknowledged the frustration that this will cause the thousands of individuals who bravely shared their personal stories of harassment, intimidation and discrimination and has expressed  her extreme disappointment that the court result means that these insights may never be used for positive change.  VFBV will continue to urge VEOHRC and the UFU to find a way to ensure the reviews most important opportunities for improvement are able to be made public but the latest advice from VEOHRC does not give this aspiration much hope.

VFBV remains astonished that once again too much external interference in the management of CFA has been able to stop the release of a Government report, sadly this is further proof of the excessive interference we have been seeking to expose for some years.

VEOHRC has invited anyone who has experienced discrimination, sexual harassment or victimisation in the fire services and wishes to make a confidential complaint to contact their independent conciliation service.  This offer should be taken up by anyone with a concern.

Many volunteers have contacted VFBV expressing their anger and frustration about the external interference and ability for a legal technicality to be used to stop this important VEOHRC work and these concerns have been strongly represented to VEOHRC, members are encouraged to also contact VEOHRC directly.

The following VFBV News Notes have been released in the last month and can each be found on our website. 

• 2  November 2018 - New Plumbing Regulations come into force on 18 November 2018
• 8 November 2018 - Call for Community to Support CFA Volunteers
• 9 November 2018 - Recent Radio Advertisements 
• 14 November 2018 - Volunteers ask politicians to take a pledge not to dismantle CFA
• 16 November 2018 - Declining CFA Volunteer Numbers