PRODUCED BY AND FOR THE VICTORIAN SES VOLUNTEERS
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ISSUE 200 AUGUST 2020 Printpost Approved PP 100001634
VICSES RECORDS SECOND BUSIEST YEAR MELTON HAS A GREEN THUMB • ANIMAL RESCUE
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www.vicsesva.org.au
Contents 3
From the Board
12
ESF Impact
7
Joeann’s focus in COVID times
13
Chelsea Unit adapts to COVID times
8
VicSES records second busiest year
14
COVID-19 response around the jurisdictions
9
Melton Unit has a green thumb
16
How to make a cloth mask
18
Dysfunction within Victoria SES
22
A Quick Guide to VicSESVA
Email: phoenix@vicsesva.org.au
10
Swan Hill successful animal rescue
VicSESVA CONTACTS VicSESVA Phoenix Editor & Mailing List Enquiries To add, edit or delete members to mail list or password and technical support contact: helpdesk@vicsesva.org.au
VicSESVA STATE BOARD EXECUTIVE & STATE BOARD OF DIRECTORS SECRETARY Faye Bendrups
SHOP MANAGER AND TASK FORCE DELEGATE Mr Chris Patton
M: 0435 964 455 E: secretary@vicsesva.org.au E: fayebendrups@hotmail.com
M: 0407 310 555 E: shop@vicsesva.org.au
DIRECTOR NORTH EAST REGION Mr Chris Brown
CHAIRPERSON AND DIRECTOR OF CENTRAL EAST REGION Mr David Rowlands
M: 0417 550 076 E: nerc@vicsesva.org.au
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M: 0423 777 633 E: chair@vicsesva.org.au
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TREASURER AND PRESIDENT/ ALT DIRECTOR OF CENTRAL EAST REGION Ann Hinsch
DIRECTOR EAST REGION Vacant E: erc@vicsesva.org.au
E: treasurer@vicsesva.org.au
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Letters to the editor If you have a point of view you feel would be of benefit to VicSESVA, or a request for any article which other members may be able to help source, mail it to PHOENIX. If your Unit has a need to publicise an event or Unit activity, send it to PHOENIX.
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CONTRIBUTIONS
DIRECTOR CENTRAL WEST REGION Ray Desem
DIRECTOR NORTH WEST REGION In progress
E: cwrc@vicsesva.org.au
Advertisers Alert Countrywide Austral is appointed by the Victoria Emergency Service Association as the authorised publisher of PHOENIX. For enquiries re advertising in this magazine, please contact the printers and publishers:
E: nwrc@vicsesva.org.au
DIRECTOR SOUTH WEST REGION John McKenzie
DIRECTOR MID WEST REGION Vacant
E: swrc@vicsesva.org.au
E: mwrc@vicsesva.org.au
VICSES PEER SUPPORT Peer Support can be accessed at any time by ringing 1800 899 927 and asking for SES Peer Support (EAS Paging). The Clinical Director can be contacted on mobile 0417 565 927 or by ringing 1800 899 927 (EAS Paging).
CHAPLAINS CONTACT DETAILS COUNTRYWIDE AUSTRAL Level 2, 310 King St, Melbourne GPO Box 2466, Melbourne 3001 Ph: (03) 9937 0200 Fax: (03) 9937 0201 E-mail: admin@cwaustral.com.au ACN: 30 086 202 093
CENTRAL REGION Major Arthur Ford
NORTH WEST REGION Rev David Mills
EAST REGION Judy McLeod
SOUTH WEST REGION Rev Denise Naish
SOUTH WEST REGION Rev David Thompson
CENTRAL REGION Vacant
MID-WEST REGION Fr David Turner
CENTRAL REGION Rev Max Woolcock
M: 0416 085 634
M: 0427 383 538
M: 0425 708 730
M: 0417 347 821
M: 0407 466 356
M: 0407 128 077
M: 0418 517 685
Disclaimer Countrywide Austral (“Publisher”) advises that the contents of this publication are at the sole discretion of the Victoria State Emergency Service Volunteers Association (VicSESVA) and the publication is offered for background information purposes only. The publication has been formulated in good faith and the Publisher believes its contents to be accurate, however, the contents do not amount to a recommendation (either expressly or by implication) and should not be relied upon in lieu of specific professional advice. The Publisher disclaims all responsibility for any loss or damage which may be incurred by any reader relying upon the information contained in the publication whether that loss or damage is caused by any fault or negligence on the part of the publisher, its directors and employees. Copyright All advertisements appearing in this publication are subject to copyright and may not be reproduced except with the consent of the owner of the copyright. Advertising Advertisements in this journal are solicited from organisations and businesses on the understanding that no special considerations other than those normally accepted in respect of commercial dealings, will be given to any advertiser.
The data that VicSESVA holds for its members is solely used for the production and distribution of Phoenix and associated products.
VICSES COVIDSafe Directions
Arrangements from 3 August 2020 All members - Guiding principles
You must wear a face mask or covering whenever you leave your home. If you are unwilling or unable to wear a face mask, you must not undertake any VICSES activities including operational response
Stay home if you’re unwell and get tested
Maintain physical distancing (1.5 metres)
No shaking hands, no high-fives and no sharing food
Frequently clean and disinfect high touch surfaces
Wash your hands and maintain good hygiene
Staff to work from home unless operationally critical
Continue to connect with all members and work through roles that can be undertaken from home for those at-risk members
Continue to encourage members who may identify in ‘at risk groups’ to consider not participating in any direct face-to-face VICSES activities at this time. Follow the advice in the Should I Respond support guide
No VICSES activities - i.e. face-to face training - other than operational response and critical readiness/maintenance (e.g.: running equipment and trucks) by up to two rostered members once a week
Consider outbreak management principles and reporting. Guiding principle
At-risk members
Unit attendance
Members must wear a face mask or covering
Encourage at-risk members not to attend
Attendance records must be maintained
Melbourne metropolitan area - Stage 4 restrictions
No changes to responding to Requests For Assistance
Observe Victorian Government stage 4 restrictions - refer to DHHS site for rules
Cease all other face-to-face activity (training, recruitment, etc.)
No staff or visitors to attend these units unless operationally critical
Composite teams from adjoining units are allowed (rostered together) however dual members are not (respond with one unit only)
Maximum of 2 VICSES members at Unit at any one time for essential maintenance (vehicle maintenance for operational readiness, headquarters checks for operational readiness, and urgent administration work outside operational response requirements)
Volunteers to ensure they’re carrying ID at all times
If responding, wear PPE in transit to support the validity for leaving home
Units to place orders for COVID-19 resupply Monday and Tuesday, with contactless delivery by nominated staff to a maximum of three Units on Thursday or Friday
Adhere to vehicle cleaning protocols and avoid swapping vehicles
Regional Victoria - Stage 3 restrictions - Effective 11:59pm Wednesday 5 August
No changes to responding to Requests For Assistance
Cease all other face-to-face activity (training, recruitment, etc.)
No staff or visitors to attend these units unless operationally critical
Composite teams from adjoining units are allowed (rostered together) however dual members are not (respond with one unit only)
All members - What has not changed
Responding to RFAs
No use of VICSES facilities by other community groups or third parties (unless it is a shared facility)
Composite teams from adjoining units are allowed. Roster in the same rotation
No external visitors to the unit unless during operational activity (i.e EMLOs)
Focussed effort on the guiding principles (i.e 1.5m)
No face-to-face community engagement and fundraising activities
Continue to triage using the COVID-19 Response Protocols
Routine meetings to remain online
Maintain 4 square metres of space per person (i.e. ops room)
Wellbeing support accessible to all members Complete the unit activity record snapform
Non-vented face masks or coverings must be worn Wear P2 (N95, KN95) non-vented mask for all operational response (along with other biohazard PPC&E)
You must wear a non-vented face mask or covering whenever you leave your home, unless an exception applies. Refer to DHHS guidance for further information.
or Surgical mask (required)
Reusable mask (required)
P2 (N95, KN95) (operational response)
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from the
BOARD
“Extraordinary Powers for Extraordinary Times” Lisa Neville, Minister for Police and Emergency Services
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s this edition of Phoenix goes to print, Victoria is in the middle of an historic phase of the COVID-19 pandemic. A State of Disaster has been declared across Victoria. Melbourne has moved to Stage 4 and Regional Victoria to Stage 3. Melbourne has a curfew from 8pm to 5am. This is only the second time that Victoria has declared a State of Disaster; the previous was only months ago, during the Black Summer bushfire crisis. Back then, it was for particular areas, now it is for the whole State. The power was only created in 1986 under the Emergency Management Act. This is the first time a curfew has been imposed on an Australian city. Not even during WW1 and WW2 were curfews imposed. Victoria had already been in a declared State of Emergency, which gives the Chief Health Officer broad powers to protect public health, such as putting people into quarantine under the Public Health and Wellbeing Act. A State of Disaster goes further; orders made under
the State of Disaster are separate from existing legislation (parliamentary approval is not required). The declaration allows the police to enter private property when they believe rules are being breached. It permits the Emergency Minister to direct government agencies and allocate resources as well as to control movement within the disaster area if a threat might pose “a significant and widespread danger to life or property”. Of great concern is the number of health care workers contracting COVID-19. There are currently over 900 active COVID cases among health care workers, more than 100 new cases in the last 24 hours. The VicSESVA Board wishes all workers in this sector safe and speedy recovery. Many of these workers are from our own cohort of SES volunteers – people who dedicate themselves to service in both their professional and volunteering lives. We extend our support and best wishes for their wellbeing. Please enjoy this edition of Phoenix. It showcases the significant contribution
made by wonderful people, who continue to make a difference to people’s lives. SES volunteers are people who care. Read the heart-warming letter of thanks from a Swan Hill property owner, reunited with her beloved labrador after an ingenious rescue operation. Read about the creative participation of volunteers from Chelsea, and how WHS representative Joeann has been making a difference in her local unit. Melton Unit has demonstrated their initiative, constructing garden beds and planting fruit trees; what better wellbeing activity for COVID times? The ESF newsletter features notes from one of their recent webinars on the London Ambulance Service and how they adapted to COVID-19. More information can be found on their website, esf.com.au. And the National SES Volunteers Association provides a snapshot of support responses from around all the jurisdictions; we’re all in this together. VicSESVA Board of Directors
Chairperson chair@vicsesva.org.au
Phoenix Editor phoenix@vicsesva.org.au
North East Regional Council nerc@vicsesva.org.au
Treasurer treasurer@vicsesva.org.au
South West Regional Council swrc@vicsesva.org.au
East Regional Council erc@vicsesva.org.au
Secretary secretary@vicsesva.org.au
Mid-West Regional Council mwrc@vicsesva.org.au
Central East Regional Council cerc@vicsesva.org.au
Volunteer Shop shop@vicsesva.org.au
North West Regional Council nwrc@vicsesva.org.au
Central West Regional Council cwrc@vicsesva.org.au
vicsesva.org.au
August 2020
PHOENIX 3
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EXPRESS CREW CAB EATS UTES FOR BREAKFAST
ADVERTORIAL
NSW Police Marine Command give RAM Trucks Australia the tick of approval
NSW POLICE MARINE COMMAND HAS TAKEN DELIVERY OF ANOTHER FULL-SIZE RAM TRUCK TO TOW POLICE JET SKIS AND RIGID INFLATABLES TO LOCATIONS THROUGHOUT THE STATE. A 5.7-litre V8 Hemi 1500 Crew Cab has just clocked on for duty, following an evaluation of multiple RAM Trucks, including the 2500. Based in Balmain, Sydney, the NSW Police Marine Area Command’s (MAC) responsibility extends to all coastal areas of NSW and 200 nautical miles out to sea. The services provided by MAC are similar to those carried out by land-based police, including crime prevention and detection, search and rescue. “These trucks go everywhere in NSW with the MAC enforcement team, from Tweed Heads down to the Murray,” says NSW Police Marine Command Superintendent, Stephen Hegarty. “The 4.5 tonne max brake towing is incredibly useful as it allows us to easily tow up to four jet skis at a time – or one of our bigger rigid inflatables – out to Dubbo, for example, for the Commissioner’s Rise Up youth program, compliance around boat safety on the water, or the South Coast to assist in the recent bushfire evacuations.” RAM Trucks Australia began remanufacturing left-hand full-size pickups into right-hand drive vehicles in late 2015, before they went on sale in early 2016. The volume selling 1500 model came on stream in June 2018, and the latest model, a 1500 Express Crew Cab was launched in late February 2020. Each vehicle undergoes a thorough re-engineering process at RAM’s Melbourne Manufacturing Facility, which designs vicsesva.org.au
and produces right-hand drive trucks for Australia and New Zealand, including using 400 locally sourced re-manufactured parts. And it was this local manufacturing angle that appealed to Superintendent Hegarty: “That we’re able to support local manufacturing is certainly a factor in our decision-making process,” he says. “The requirements we need to operate within means we have to be on top of our game when it comes to towing capacity and how we enforce the law – we can’t be underweighted on tows, so the RAM 1500 fits the bill perfectly.” With an increasing amount of commercial shipping and significant expansion in the number and type of leisure craft on our waterways, the nation’s water police are being called on more and more to drive down marine crime, underwater search and rescue, and safety and compliance reinforcement. Thanks to the legendary 5.7-litre V8 Hemi engine punching out 291kW and a massive 556Nm of torque, it’s no wonder the 1500 delivers best-in-class towing capabilities to assist the MAC in their operations. Jeff Barber, RAM Trucks Australia National Manager, and Joe Ponzo, RAM Trucks Australia National Fleet Manager, have been working closely with NSW Marine Police Command to ensure they have fit-forpurpose vehicles on their fleet. This approach has now prompted additional conversations
with other law enforcement agencies throughout Australia for RAM Trucks. “Is there a better fit-for-purpose vehicle out there?” says Barber. “The MAC vehicles are taken to some pretty remote locations, so there’s a requirement to be self-sufficient on the road. In addition to our unrivalled towing capabilities, features like our innovative RamBox®Cargo Management System have been fully utilised to include a lockable gun box – a pre-requisite for police work – so we have the flexibility to adapt to differing requirements.” RAM Trucks Australia is the world’s only factory-authorised RHD manufacturer of RAM Trucks, and Australia’s only 24hour vehicle manufacturing facility. RAM Trucks Australia is also a major source of employment in automotive engineering, design and production excellence for both RAM Trucks Australia and New Zealand, and the Australian component companies that keep the factory supplied with parts. The RAM range starts with the 5.7-litre V8 Hemi 1500 Quad Cab from $79,950 plus on road costs. Every RAM is backed by a three year/100,000km warranty with Roadside Assistance, and only requires a service every 12 months or 12,000km. Fully factory-supported and backed by a 50-strong RAM dealer network across Australia and 13 in New Zealand, the RAM range sets new benchmarks for performance and ability in the 4x4 pick-up segment. August 2020
PHOENIX 5
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Proudly Supporting our VIC SES Volunteers
Specialising in residential and lifestyle properties throughout Cranbourne and surrounding areas, Jo is a strong negotiator who is passionate about strategy in marketing and presentation to maximise results for her clients The level of service and communication that my clients enjoy can be directly linked to owning and operating retail and hospitality businesses for some eight years. I work with many busy clients, and have the right team in place to take those after hours calls, take care in extra inspections and attend late night appointments - everything that needs to be done that gets the premium results my clients deserve. Yes! Real estate agents can be authentic, genuine, friendly and highly effective! Whether you just need advice, information or if it’s time to move, I’m only too happy to provide obligation free advice or help with your needs. For Any Questions Contact Jo on
0407 344 011 or jo@jrealty.com.au Proudly Supporting The Local SES Volunteers
www.salvos.org.au CREDIT CARD DONATIONS
13 72 58
Mental Health and Wellbeing:
JOEANN’S FOCUS IN COVID TIMES CREW LEADER AND WH&S REPRESENTATIVE JOEANN PETERSON HAS KEPT HER UNIT INFORMED AND MOTIVATED ABOUT SAFETY, HEALTH AND WELLBEING DURING THE VICTORIAN LOCKDOWN.
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he has kept a steady stream of information flowing to all members; from tips on exercise and healthy eating, to mask making, Beyond Blue and other links, and even entered the Virtual Stadium Stomp and climbed 36,000 stairs as part of the Footscray Unit team raising funds for the Emergency Services Foundation! Joeann shares her thoughts: “During these difficult times it is important for those of us who are struggling, to reach out for help, whether this is from the services within VICSES or external services within the community. We cannot interact face to face so the virtual world has now become our stage where we can encourage members to participate in virtual activities, virtual training or just group catch ups or conversations on a regular basis. As the WHS representative of our unit I felt it was essential during this time that members were kept informed with the up to date messaging from VICSES. I also found it was beneficial to download all the documents VICSES had links to in their updates to ensure members had the information. It allows for all the information to be in one place and easily accessible to members that they can access at their own convenience at any time. Working in Aged and Disability Services I have seen the messaging from DHHS and WHO and found it to be confusing to some and at times hard to find. Navigating these websites for information is not always easy, so I felt it would also be useful for members to be given helpful messages directly. I found simple easy messages in infographics and PDF form and sent them to members hoping this would assist with less confusion and simple messaging for them to use and pass on to their family and friends. Having an interest in mental health and the effects of this on frontline workers I am a regular subscriber to Beyond Blue newsletters and some volunteer programs within Beyond Blue. I receive regular newsletters and where relevant forward these to unit members, encouraging them to reach out if they need too, whether it be to other members or to external support vicsesva.org.au
Joeann Peterson completing the 2019 Eureka Stair Climb in pre-COVID times.
services. I have been providing them with contact details of relevant agencies such as Lifeline and Beyond Blue as well as other services. I have encouraged the use of the Coronavirus Mental Wellbeing Support Service created by Beyond Blue, it is a great and informative service, it is 100% private and confidential and is a 24/7 service staffed by trained professionals. I know during this difficult times many have been unable to participate in regular activities such as training at LHQ, external training opportunities and the social interaction that accompanies these activities. I have myself participated in some virtual events and have sent invitations to unit members to also participate in these activities. The Push Up Challenge and Virtual Stadium Stomp are just a couple of past events. Eureka Stair Climb sadly has been cancelled this year which I know is a great event for many first responders, however there are some other great virtual events coming up and I would encourage units to get on board and participate; Fred’s Big Run is in August, The Great Cycle Challenge and STEPtember are just a few.
I would also like to acknowledge the great response from all members who assisted with the pop up testing sites and distribution of services involved with the hard lockdown in Melbourne recently, as well as all regular RFAs members have attended during this difficult time. VICSES commanders and members have shown great understanding of COVID safe practices and followed all recommended work instructions and SOPs. As a crew leader and more experienced volunteer member involved in some of these activities I felt it was essential that briefings, debriefings, as well as clear instruction on all hygiene and cleaning practices were conducted with members participating and that members’ safety was paramount. I found this was welcomed and embraced in every aspect by all involved and appreciated by many of the less experienced volunteer members. These challenging times are a very steep learning curve for many members and clear communication is the best way to move forward. Simply put, it is important in the ever changing world in which we are living we continue to support each other and continue to do the best we can”. August 2020
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VICSES RECORDS SECOND BUSIEST YEAR
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ICSES has recorded its second busiest year on record in 2019/20 with volunteers responding to 33,742 requests for assistance within the financial year. That tally was topped only by the 2010/11 year which saw 38,634 requests for assistance in the midst of major flooding and severe weather across many parts of Victoria.
Over 400 VICSES volunteers supported the fire agencies with a range of operational and support roles over the devastating summer just gone with volunteers deployed in the North East and Gippsland from over 100 different VICSES units across the State. There was also a number of severe weather events throughout the year with the Glen Iris hailstorm in January 2020
resulting in over 1000 requests for assistance alone. Other major incidents included the Waurn Ponds tornado (20 May) and the agencies significant involvement in the search for missing child William Callaghan (8-10 June) on Mount Disappointment. Submitted by Jamie Devenish Manager Media and Communications
Some major events that our members have responded to during this time include: 01 Nov 2019-31 Mar 2020
28 Mar 2020-31 Mar 2020
Summer Season
Missing persons
19 Jan 2020-07 Feb 2020
03 Apr 2020-04 Apr 2020
Severe weather
Severe weather
Statewide
Statewide
East and North East Regions
North East and North West Regions
07 Feb 2020-12 Feb 2020
11 Apr 2020-11 Apr 2020
Interstate deployment
Wind event
Central, South West & North East Region
East Region
07 Feb 2020-12 Feb 2020
14 Apr 2020-04 Jun 2020
Rainfall event in East Gippsland
Missing persons
14 Feb 2020-17 Feb 2020
29 Apr 2020-03 May 2020
East Region
Severe thunderstorm
East Region
Heavy rainfall
Statewide
Central, East and North East Region
18 Feb 2020-21 Feb 2020
07 May 2020-08 May 2020
Severe storms
Wind event
20 Feb 2020-23 Feb 2020
20 May 2020-21 May 2020
Central, East and South West Region
Wallan rail incident
Statewide
Severe thunderstorm
North East Region
South West Region
04 Mar 2020-06 Apr 2020
08 Jun 2020-10 Jun 2020
Heavy rainfall
North East and Central Region
Missing persons
Central and North East Regions
12 Mar 2020-Current
COVID-19 Class 2
Statewide
8 PHOENIX
August 2020
vicsesva.org.au
MELTON UNIT HAS A GREEN THUMB IN THE LAST PART OF LAST YEAR, AS A UNIT WE DECIDED WE WANTED TO CHANGE THE WAY WE EAT AS A GROUP SO WE DECIDED TO INVEST IN SOME PLANTER PODS WHICH WE PLACED OUT THE BACK OF THE UNIT AND MEMBERS CAN PLANT VEGGIES (OR FLOWERS) OF THEIR CHOICE.
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t has been a popular exercise and we have reaped the rewards where members can take some fresh veggies home with them and save a few dollars as well. Also very recently, Bunnings in Melton decided to donate some fruit trees: apple, plum, pear and a lemon tree, which we were really happy to accept and council have allowed us to plant them within our compound so very excited when we can get the fruit from these. We feel not only is it a great way for
vicsesva.org.au
the unit to be a little greener but also will promote a more healthy choice for our members. The company we used for the planter boxes was a company called Biofilta; https://www.biofilta.com.au/#/. Our food cubes are set up by the company and they can supply the soil and they are self watering. Submitted by Nicolas Gargalakos Deputy Controller Operations, VICSES Melton
August 2020
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SWAN HILL SUCCESSFUL ANIMAL RESCUE ON JUNE 18 SWAN HILL RESCUE UNIT SUCCESSFULLY COMPLETED A COMPLEX RESCUE OF A MUCH LOVED FAMILY PET STUCK IN A STEEL IRRIGATION PIPE, BRINGING COCO HOME UNSCATHED. ON 2 JULY COCO (FULLY RECOVERED) WAS PRESENTED WITH A SPECIAL SES JACKET. SARAH WRITES TO THANK SWAN HILL FOR THEIR RESCUE:
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esilience has been key for all of us over the last three months and there is no doubt that my beautiful 12 year old labrador Coco has it in spades. When Coco uncharacteristically went missing last night we were all beside ourselves with worry. Our border collie, Belle, and Coco are never far apart and they’re always very eager for dinner as soon as the sun starts to fall. As I breastfed Lily inside, I listened intently to my Mum, Dad and Travis searching the farm calling Coco’s name. Then, a small commotion outside. By no small feat, my Dad heard a whimpering sound two feet below him under the crushed rock driveway as he called out. Obviously on one of her rabbit chasing adventures, Coco had found herself trapped in a small, steel irrigation pipe that connects two paddocks under our driveway. How an arthritic, crippled, deaf, half blind labrador managed to crawl into it in the first place is beyond me. Equally beyond me is how my Dad managed to hear her!
After crowbarring our way through the driveway to discover just how inaccessible she was, I called the SES, assuming they’d need to excavate the pipe and cut her out. The Fabulous Four, Darren, Rod, Michelle and Anthony from the SES Rescue arrived promptly, assisted by wonderful Julie in Swan Hill. They went into full problem solving mode and it was decided that cutting the steel would be a last resort due to the heat and noise. After fashioning all manner of retrieval devices from rose farming implements, horse yard scrapers and poly pipe, Coco was rescued to safety an hour and a half later, by clearing the silt from each end of the pipe and then pushing against her chest with a down pipe until she was able to be pulled out. To see Coco come out, visibly shaken but tail wagging, unharmed and looking for dinner was incredible. Then watching her swagger up to the Fabulous Four for a pat moments later made my heart melt. Firstly, I can’t thank Darren, Rod, Michelle, Anthony and Julie enough for their efficiency, professionalism and vicsesva.org.au
“I can’t thank Darren, Rod, Michelle, Anthony and Julie enough for their efficiency, professionalism and compassion. It’s obvious how much they care about what they do”.
Coco is presented with her special SES jacket.
compassion. It’s obvious how much they care about what they do and they brought a much loved family member home unscathed. To my Dad, thank you so much for locating Coco and then working tirelessly to dig down to her and fashion all sorts of retrieval implements. My dearest Mum and my love Travis, thank you for your help and keeping Lily warm and entertained. After a slightly grizzly day, Lily didn’t make a peep as she was fascinated in all the action despite being past her bedtime. She bombed out later though. To the Swan Hill Vet Clinic and Whitfield Excavations who were also on standby and ready to assist, thank you. Finally, to Coco, a spider bite which nearly killed you, a busted up shoulder when you ran into a steel post chasing a rabbit, stomach pumping after eating something disgusting and now this ... you are a survivor and a true testament of resilience. We love you so much. Thank you to everyone for your care, concern and support. It means a lot. Sarah vicsesva.org.au
August 2020
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FEATURE
ESF IMPACT Newsletter, Issue 5
UK COVID Response Insight
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SF hosted Victoria’s emergency management sector to participate in a timely conversation with people from the London Ambulance Service (LAS) to understand their response to COVID-19. As the only London-wide healthcare provider serving a growing population of over 8.6 million people, the London Ambulance Service faced more demand for their services than ever before – seeing some of their busiest days ever, with up to 11,000 people calling their 999 ambulance services a day and nearly four times the number of calls into their NHS 111 service.
In facing the pandemic head on, the London Ambulance Service transformed its operational response, which saw the development of a new 999 centre dedicated to COVID-19 related calls, the launch of a ground-breaking partnership with the London Fire Brigade, seeing nearly 300 firefighters trained to help assist paramedics on the frontline, and over 900 volunteers stepping in to support at a time the Service needed it most. Kevin Bate, LAS Assistant Director of Operations talked through LAS’s response to COVID-19, and how the Service continues to maintain a high level of response, through
bolstering their workforce and maintaining partnerships, as they prepare for a potential second peak in London. Paramedic Frank Biggin spoke about the increased level of stress and anxiety faced by staff due to COVID-19 but said that the greatest thing was how everyone in the organisation came together to support one another. Katy Creighton and Jill from the LAS wellbeing team answer questions posed by Victorian wellbeing managers. ESF regularly hosts thought leadership events to grow the collective wisdom and strength of the sector in relation to mental health and wellbeing.
Reactions from Participants Thanks so much to the team and yourself for organising the two guest speakers. It was fascinating and I was particularly taken with Kevin’s comments regarding LAS placing their attendance management process on hold during the COVID-19 response and replacing it with a wellbeing focused conversation if an employee was not able to attend their shift.
There were some valuable lessons around how they supplemented their service to deal with unprecedented demand and support their people. From a personal perspective it was comforting to hear that many of the plans we have in place here in Victoria have successfully been tested in a similar ambulance service in the UK and proven successful.
Charles Hewitt Senior Project Lead, Psychologist Wellbeing Services, Victoria Police
Tony Walker CEO Ambulance Vic
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Very informative to hear real examples of the impacts and response adjustment made during the response to COVID-19 in London. Many good messages but the importance of welfare support and back up to the frontline and planning and exercising for large scale operations stood out. Garry Cooke Acting Chief Officer, CFA
vicsesva.org.au
CHELSEA UNIT ADAPTS TO COVID TIMES LIKE SO MANY OTHER UNITS, CHELSEA SES IS ALMOST UNRECOGNIZABLE AT PRESENT, DUE TO THE CURRENT SITUATION WE ALL FIND OURSELVES IN. TRAINING, CALL OUTS, MAINTENANCE, VEHICLE CHECKS, EVERYTHING WE KNOW IS DISRUPTED, EVERYTHING WE UNDERSTOOD IS NOW CONFUSED.
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ut the one thing that is missed more than anything else, is the camaraderie, the friendships and the bonds that exists within all of our orange families. We are doing what we can to keep connected, but it’s not always easy. We are in a time like no other since the inception of the Victoria State Emergency Service, and so we all have to try to learn as we go. Our social media has changed as well, where Facebook was once filled with stories about jobs, we now use the space as a community centre, a place where local people can come to find information about local issues, but also, where we can try to offer a little light relief, something to move people to smile, different, but we feel just as important, maybe even more so. Recently, radio station 3AW, through the Neil Mitchell programme, launched an initiative called “What We Need To Do” with a catchy jingle, and a hand gesture to symbolize working as one, a common phrase within Emergency Services, to do whatever it takes to beat this virus and give us all a chance to get back to a normal life, or at least, as normal as possible. Chelsea SES decided to produce a 30 second video with our members sending in pictures from home, in orange, making the hand gesture and it was very well received. We then created this picture (see attached) which simply makes the statement to our community, that we are all in this together, and that Chelsea SES volunteers, like the volunteers in every other unit, are still here, maybe it’s not business as usual, but we are still open for business, and we will be there when our community calls. As a 17 year volunteer, I have always been proud to be a part of our huge orange family, but never more than right now. Like they say, or maybe should say, when the going gets tough, the orange gets going. Better days are what we need and better days are on their way! Submitted by Phil Wall
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National SES Volunteers Association:
COVID-19 RESPONSE AROUND THE JURISDICTIONS NORTHERN TERRITORY NTES training across the Northern Territory recommenced in June, although measures are in place to reduce the risk of COVID-19 being contracted. Most biosecurity checkpoints into remote indigenous communities have now been discontinued, however there are still checkpoints at State borders. NTES volunteers have continued to assist Police with support of Territory border controls when needed.
WESTERN AUSTRALIA The COVID 19 working group which was meeting weekly to enhance safety and communication with SES Volunteers has now finished in Western Australia. Consultation continues but whilst there is no community transmission in WA, the group is consultative by email monthly.
SOUTH AUSTRALIA South Australian emergency service workers are being trained as volunteer ambulance personnel to boost the state’s COVID-19 response capability. The SA government initiative will see 24 State Emergency Service volunteers learn ambulance driving skills, CPR and other capabilities to boost operations, particularly in regional areas. It is the first time the service has trained personnel from neighbouring emergency services. Health Minister Stephen Wade said the state needed to be ready for further positive cases and the risk of South Australian Ambulance Service volunteers needing to self-isolate. SAAS chief David Place said although the service was meeting day-to-day demand, inter-agency support would help maintain regional service delivery in the event of a further outbreak.
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TASMANIA The police force has been receiving help from Australian Defence Force (ADF) members, as well as State Emergency Service (SES) and Tasmania Fire Service (TFS) volunteers, to carry out spot checks at homes where people are isolating or quarantined.
vicsesva.org.au
QUEENSLAND SES Queensland has been extremely busy across the State with thousands of Qld SES Volunteers deployed on border control points at State and Territory boundaries, airports and Aboriginal communities to assist with COVID-19. It has been estimated that over 60,000 hours have been associated to SES assistance to COVID in Queensland to date. With the anticipated hard closure of road and port borders in early August being discussed we anticipate the COVID-19 SES assistance to continue for some time.
NEW SOUTH WALES NSWSESVA funds the Distance Delivery Project where, during COVID, our professional videographer videos training programs for members during isolation. NSWSESVA works with Mental Health First Aid Australia during COVID to source alternate delivery methods, these now include blended and online methods to ensure members receive MHFA training. NSWSESVA provided hand sanitiser, sanitary items, cleaners and (most requested) baby food and nappies for its members during the peaks of COVID. When government agencies ran out, the NSWSESVA preparedness was called upon.
AUSTRALIAN CAPITAL TERRITORY The pandemic stopped training for SES Units until the middle of June, but now all other training is starting to get back to “normal”. A directive has been sent to all volunteers called Operational Guidelines for COVID-19. This clearly states all the facts and how our SES Volunteers can work in these trying circumstances. The ACTSES has been supporting the Community Service section who have been supplying food hampers to our vulnerable citizens. The ACTSES delivers the boxes to drop off points. The ACTSES has also assisted the ACT Police in checking on the welfare of members of the community who were in isolation after arriving back from Victoria.
VICTORIA VICSES volunteers assisted in large scale operations during the recent lockdowns, especially to provide support for ‘pop-up’ testing stations and with the closure of the Flemington and North Melbourne housing commission towers. Now in an unprecedented ‘Stage 4’, members are continuing to provide emergency response to support the whole of community. Victoria has a curfew between 8pm and 5am, but emergency service workers can produce their ID card to verify with police checks that they are responding to RFAs.
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HOW TO MAKE A CLOTH MASK INSTRUCTIONS FOR MAKING A CLOTH FACE MASK
You will need
1
Section
Quantity1
Material Type
Example materials
Outer layer
1 piece (25cm x 25cm)
Water-resistant fabric (polyester/polypropylene)
• Clothing • Reusable ‘green’ shopping bags • Exercise clothing
Middle layer
1 piece (25cm x 25cm)
Fabric blends (cotton polyester blend/ polypropylene)
A repeat layer of either: • Clothing • Reusable ‘green’ shopping bags
Inner layer
1 piece (25cm x 25cm)
Water-absorbing fabric (cotton)
• Clothing
Ear loops
2 pieces (20cm each)
Elastic or string or cloth strips
• T-shirt • Shoelaces
Material dimensions are the right size for an average adult.
Important: Make sure that all materials are intact and have not worn too thin or have holes in them. Check the item’s label or tag to confirm the type of material. 16 PHOENIX
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vicsesva.org.au
Steps 1. Cut out the outer layer, middle layer and inner layer pieces (see above for dimensions and material to use). Place the outer layer on the bottom, the middle layer in the middle, and the inner layer on top.
2. With the inner layer facing up, fold over 1 cm of the three pieces of material for the top and bottom edges and stitch at the borders (see red dotted lines).
3. With the inner layer facing up, fold over 1.5 cm of material for the side edges and stitch (see red dotted lines).
4. Thread a 20 cm piece of elastic, string or cloth strip through the wider edge on each side. Use a safety pin or large needle to thread it through.
5. Knot the ends tightly or stitch them together.
6. Put on the mask with the outer layer facing away from your face. Adjust the mask to make sure it fits tightly over your nose and mouth. While wearing and removing the mask, do not touch the outer layer. Wash your hands before putting your mask on and after taking it off.
7. If you want to improve the fit of your mask you can add a nylon stocking over the mask and tie at the back of the head.
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DYSFUNCTION WITHIN VICTORIA SES I have previously reported on the story of the Chapmans and the moves by Victoria SES to cancel their membership and their efforts to resist that move – see Natural Justice and the SES (September 28, 2015). In that post I reported on the outcome of an application to the Victorian Civil and Administrative Tribunal (VCAT) seeking a review of a decision to suspend the membership of the Chapmans. 5 years later and the matter may have been finally resolved with the decision in Chapman v Victoria State Emergency Service Authority (Review and Regulation) [2020] VCAT 722.
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his decision was about an application by the Chapmans to recover their costs from the SES but it tells us much about what has happened since September 2015. We are told that in October 2015 formal disciplinary proceedings were commenced. There were delays in hearing the allegations whilst the Chapmans took the matter to the Supreme Court of Victoria – Chapman v Chief Officer of the Victoria State Emergency Service [2017] VSC 547 (13 September 2017). That case had not previously come to my attention, so I will digress here to consider what the Supreme Court decided.
Chapman v Chief Officer of the Victoria State Emergency Service [2017] VSC 547 The Supreme Court outlined the story of the Chapmans’ complaints about the leadership of the SES unit and the complaints by others regarding the behaviour of the Chapmans’ along with details of meetings and investigations and escalation of the issue within the SES. An independent consulting firm was asked to report on the matter and the impact it was having on the ability of the SES to provide a safe working environment (‘the Bowe Report’). This report was delivered on 12 December 2014. At [23]-[26] and [29] Emerton J said: The Bowe Report records agreement among the individuals interviewed that ‘tension and disharmony within the Unit [had] reached unsustainable and unhealthy levels’. The volume and nature of the verbal and
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written complaints and counter-complaints was said to have impacted on the health and wellbeing of every member of the Unit. According to the Bowe Report, although there were numerous points of disagreement, all of those interviewed agreed that the Unit was divided into two groups, being ‘the Chapmans and their supporters’ and ‘the rest of the Unit’. The ‘Chapman group’ was identified as Ray, Paul and Daniel Chapman and three other individuals, including Mr Brendan Bennett. The other group was said to comprise the remaining approximately 50 members of the Unit. According to the Bowe Report, the Chapmans quite openly expressed their dissatisfaction with the existing Unit leadership team and made it known that they believed Ray Chapman would be a more appropriate Unit controller. The Bowe Report found that the manner in which the Chapmans, and later their three supporters, chose to raise their concerns about the decisions and overall performance of the Unit leadership had created tension between them and the leadership and between them and other members of the Unit. Their conduct was increasingly perceived as disrespectful and as being motivated by an intention to discredit and drive out the existing leadership team. The Bowe report continued: … It has become an unsatisfactory and unhealthy environment for both sides. For an organisation that depends on the goodwill of volunteers to turn up and collaborate to carry out the work in a highly professional and safe manner, it is not sustainable for this unhealthy, disrespectful and combative environment to continue.
… As a result, the Bowe Report identified two options: first, the Chapman group changing their approach; secondly, ‘separating’ the Chapman group from the Unit if they were unwilling or unable to make such a change. However, as the disrespect and disconnection had developed over a number of years and become entrenched, the second option was more likely to be ‘the appropriate and necessary way to eliminate the health risk in the short term and over the longer term’. The Bowe Report therefore recommended that VICSES management consider communicating with the Chapmans to outline a number of the findings and the position of the organisation, giving the Chapmans time to consider their options and whether it would be in their own best interests, and in the best interests of others, for the Chapmans to find another organisation in which to pursue their community service goals… It is evident from the events that followed that VICSES management accepted the recommendation that the Chapmans be asked to step away from the Unit, at least temporarily, but not to use disciplinary action at the outset. The events that followed were the directions that were the subject of my earlier post and the decision in Chapman v Victoria State Emergency Service (Review and Regulation) [2015] VCAT 1402 (see [53]). As part of those proceedings there was a compulsory conference to try and find agreement between the parties. At [59]-[63] Emerton J said: What took place at the VCAT compulsory conference is hotly disputed. vicsesva.org.au
Ray Chapman gave evidence that as part of the compulsory conference process, Ms Bahen [SES Director of Human Resources] ordered the Chapmans to sign the draft Deed. According to Mr Chapman, Ms Bahen said that if the Chapmans signed the Deed, they could return to the Unit within a week or so and all would be forgiven and forgotten. Their ranks would be restored and life would just go on as normal. However, if they did not sign the Deed, Ms Bahen would procure charges against them and make the charges public. According to Mr Chapman, Ms Bahen also said that if they refused to sign the Deed, they would be charged with refusing to follow a lawful command. Mr Chapman’s evidence that Ms Bahen required them to sign the draft Deed under pain of being charged with disciplinary offences, including being charged with refusing to obey a lawful command, was supported by the evidence given by Paul and Daniel Chapman and the evidence of Mr Bennett. However, in their evidence, Ms Bahen and Ms Main denied that any such threats or demands were made. Their evidence was to the effect that the applicants were told that if the VCAT proceeding did not settle, then the next step would be the making of a formal complaint. This would involve the commencement of the disciplinary process under the Regulations. The Chapmans declined to settle the VCAT proceeding. They said they were not prepared to sign a document containing the release. (It should be noted that at [220] Her Honour says ‘I do not accept the Chapmans’ version of what took place at the VCAT compulsory conference on 3 June 2015’). On 31 July 2015 the Chief Officer advised that complaints had been made about the Chapmans and these would now be dealt with under the Victoria State Emergency Service Regulations 2006 (Vic) (now repealed). Again an independent organisation (ZALT) was appointed to investigate the complaints. The consultant wrote to the Chapmans with details of the complaints. The problem was (at [82] and [84]) that the: … allegations were … not the same as those summarised in the notices of complaint sent to each of the Chapmans on 31 July 2015. The allegations listed in the ZALT letters were apparently taken more directly from the interviews recorded in the attachments to the Bowe Report. Many of the allegations in the ZALT letter do not correspond with the allegations in the notices of complaint … On 7 September 2015, the Chapmans collectively wrote a long letter to the Chief Officer in relation to the allegations in the ZALT letter. They pointed out that four different versions of the allegations against them had now been provided and that there was a ‘ lack of clarity and consistency’ in regard to the allegations. They further contended that vicsesva.org.au
the allegations set out in the ZALT letters lacked sufficient detail to enable them to proffer a meaningful response. Emerton J continued (at [90] and [93]): On 9 October 2015, the Chief Officer wrote to Ray Chapman, advising him that in accordance with reg. 12(1)(b), the Chief Officer had decided to charge him in relation to the complaint. The letter stated that, for the purpose of reg. 13(a), the full particulars of the charges were set out in an annexure… The disputation between the Chapmans and VICSES has continued since the Charges were brought. Most of the disputation has concerned the particularisation of the Charges and the adequacy of discovery… The Chapmans went to the Supreme Court asking, amongst other things, that ‘the Court … set aside the decisions by the Chief Officer to suspend and charge them pursuant to the Regulations and [issue]… an injunction restraining the Chief Officer from taking any steps or proceedings on the basis of the purported suspension and charges’ ([94]). In making her decision Emerton J reminded everyone (at [113]): Not every step taken by VICSES to manage the Chapmans involves a decision that is reviewable by the Court on administrative law grounds. The Court has no jurisdiction to review an administrative decision just because it is unfair or unjust; the decision must be unlawful. The relevant statutory framework for the decision-making is vital and must be steadily borne in mind. Otherwise there is a risk of losing sight of the limited scope and purpose of any proceeding for judicial review of administrative action. It can be noted that the Chapmans complained about the SES not following the rules and procedures to the letter, of variations in the allegations making it impossible to respond etc. Of the Chapmans, in court, Emerton J said (at [115]): More worryingly, the Chapmans have deployed a scattergun approach to challenging the actions of VICSES and have made opening and closing submissions that raise a plethora of grounds or allegations that are not included in the Further Amended Originating Motion. The submissions are prolix, they generate more heat than light, and they contain numerous propositions of fact and law that are not sustainable. The Court tried to come to grips with the complaint and the remedy sought. At [117]-[118] Emerton J said: The principal relief sought by the Chapmans is that the decision of the Chief Officer to ‘suspend and charge’ them be quashed. In order for certiorari [the formal name of the order] to issue to quash a decision, it must be possible to identify a decision which has discernible or apparent legal effect upon rights, for it is the legal effect of the decision which is quashed…
The problem was that the decision by the Chief Officer did not affect the Chapman’s legal rights. At [126] Her Honour said: … there is a real question as to whether the Chief Officer’s decision to bring the Charges is a decision that affected the Chapmans’ legal rights in the relevant way. It is an essentially procedural decision that forms part of a larger decision-making process, which will culminate in the hearing and determination of the Charges. However, as Nettle JA held in Byrnes v Marles, even if certiorari is not available, that may not be the end of the matter: procedural fairness in the form of an opportunity to be heard may need to be afforded if such a requirement is implied in the statute (in this case, the Regulations) governing the decision-making process. Her Honour then reviewed the regulatory scheme for disciplining members and the processes that the SES had followed. She concluded that the SES had complied with the regulations up until the time that ZALT wrote to the Chapmans. At [168] Her Honour said: …the allegations identified for investigation by the ZALT investigator are not coextensive with the allegations detailed in the notice of complaint. The ZALT investigator proposed to investigate a far greater number of allegations than were detailed in the notice of complaint. I have tried to reconcile the matters listed in the notice of complaint with those listed in the ZALT letter. I have concluded that, in substance, the ZALT letter raises a whole new set of allegations. This means that the notice of complaint did not clearly indicate what was to be investigated. In that sense, the notice of complaint served on Ray[,Paul and Daniel] Chapman was deficient. At [171]-[172] Her Honour continued: Failure to comply with a statutory requirement to give a notice does not necessarily result in the invalidity of an administrative decision or action that is predicated on notice having first been given. It will be rare for a failure to give notice to result in a decision being set aside where the relevant information has been conveyed by other means… … The notice of complaint is important because of what it signals about how other parts of the disciplinary process are to be carried out. The notice of complaint is procedural; a deficient notice of complaint is not, in and of itself, something that gives rise to invalidity. Her Honour then traced through the history of the proceedings and the correspondence between the parties. She concluded (at [188]-[189]): … it cannot be said that the Chapmans were denied the opportunity to be heard in the investigation. The Chapmans stridently continued on page 20 August 2020
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FEATURE continued from page 19 declined to take the opportunity to be heard by the investigator. Although the allegations in the notice of complaint did not match the allegations listed for investigation in the ZALT letter, the Chapmans were given time to consider the ZALT allegations and to respond to them. It has not been shown that they lost an opportunity to put forward any information or argument relevant to the limited inquiry that was foreshadowed. No practical injustice has been shown. In my view, the Chapmans were not denied procedural fairness in the investigation and the investigation itself satisfied the requirements in the Regulations, notwithstanding the deficiency in the notices of complaint. Her Honour also found (at [199]) ‘that none of the grounds challenging the decision to bring the Charges on the basis of non-compliance with the Regulations is made out’ nor (at [205]) was anything ‘unreasonable in the legal sense in the decision taken to suspend the Chapmans’. Finally, the Chapman’s challenged the decision to lay disciplinary charges on the basis that the decision was ‘made for an improper purpose’ ([206]). Without repeating all of the findings or the judge’s reasoning, she did conclude (at [235]) that ‘The allegations of improper purpose are not made out.’ As for the purported suspension, the subject of the decision in Chapman v Victoria State Emergency Service (Review and Regulation) [2015] VCAT 1402, Her Honour said (at [259]) ‘I find that the ‘suspension in fact’ was not a disciplinary measure. It did not need to be effected in accordance with the Regulations. I am therefore not persuaded that the ‘suspension in fact’ was unlawful.’ At [269]-[270] Her Honour said: None of the grounds for review in the Further Amended Originating Motion is made out. Furthermore, there is no basis upon which to make any of the declarations that are sought. The proceeding will be dismissed. Further steps After the application to the Supreme Court was dismissed, the SES could continue with the disciplinary process. To return to the decision of Deputy President Lambrick in VCAT, she said (at [4]): … on 10 October 2018, the delegate determined that various charges had been substantiated against each applicant. The applicants were appalled and astonished by those findings and declined to make submissions with respect to penalty. The matter then came to VCAT to seek a review of that decision. Again there were a number of steps where actions were challenged and demands made. Critically at [12] we are told that:
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At the directions hearing on 27 June 2019, the second respondent [the Chief Officer Operations of the Victorian State Emergency Service] formally sought leave to amend the charges… This application was held over and again made when the hearing before VCAT commenced – ‘Unsurprisingly, the applicants opposed the leave application’ ([16]). Her Honour continued (at [17]-[24]): After hearing the applicants’ arguments, I did not grant the second respondent leave to amend any of the charges and gave oral reasons for not doing so. I expressed doubt that I had any power under the Regulations to amend the charges. In any event, I considered that the amendments sought by the second respondent would have resulted in the Tribunal dealing with different charges and therefore addressing a substantially different question to that which the first respondent was asked to determine. It is well established that on review this Tribunal must address the same question as the primary decision-maker. The effect of my ruling was that (at least some of) the charges apparently became less tenable/untenable. … In due course, the parties requested that the matter be listed for a compulsory conference. The compulsory conference took place on 11 September 2019 before another member of the Tribunal. Following the compulsory conference, on 24 September 2019 the second respondent advised both the applicants and the Tribunal in writing that: the authority has determined not to oppose the applicants’ review application dated 20 January 2019, i.e. the Authority is not going to seek to prove the charges against the applicants which are the subject of the review application. The second respondent proposed orders disposing of the matter. The outcome was that VCAT formally set aside the finding that the charges against the Chapmans had been proved and the decision to cancel their membership of the SES was set aside. The matter, the subject of this report, was then an application by the Chapman for the payment of their costs and compensation for the events over the last many years. In tribunals like VCAT the general rule is that each party must pay their own costs (see [36]). This is unlike courts, where the general rule is the loser is ordered to pay at least some of the winner’s costs. Deputy President Lambrick found that the Act establishing VCAT did not give the Tribunal the power to order costs for events that occurred outside the VCAT hearing. She did not have the power to make an award for costs incurred in responding to the allegations, during the hearing of the complaint or in the Supreme Court (noting of course that the Chapmans lost in the Supreme Court ). She said (at [69]) ‘This Tribunal can do nothing in relation
to any costs incurred by the applicants before the matter came before this Tribunal.’ Her Honour then had to consider whether she should make an order for costs for proceedings in the Tribunal. She held that she should not. She said ([78]-[110]): The applicants did not demonstrate any time whereby the respondent relevantly failed to comply with any order or direction of this Tribunal. The applicants did not point to any examples of the respondents failing to comply with this Act, the Regulations, the Rules or enabling enactment in the proceeding before this Tribunal for which an award of costs would be appropriate. [There was no] … attempt by the second respondent to deceive another party or the Tribunal. Whilst the applicants repeatedly contended that the proceedings were vexatious, there was no evidence before me upon which I could draw this conclusion… The second respondent was successful in its case before the first respondent. It is impossible in these circumstances to find that in defending its position before VCAT it acted vexatiously … There are a myriad of reasons why this prosecution has taken a long time. I do not however agree that the second respondent prolonged unreasonably or in any way the time taken to complete the proceeding before this Tribunal … The applicants contend that the charges against them should never have been laid… Once again, much of the emphasis surrounded the conduct of the hearing before the first respondent. The first respondent found the charges proved. I agree with the submissions of the second respondent that following my ruling, it did not persist before this Tribunal with charges that had no tenable basis. The criticism advanced by the applicants would have been more arguable had the respondents determined, after my ruling, to nevertheless contest the application, knowing that the charges were no longer tenable. … action by the second respondent to enforce a costs order arising from the Supreme Court judicial review proceeding at a time when the parties were engaged in a compulsory conference before this Tribunal does not constitute misconduct or bad faith… The Tribunal declined to make a costs order but did order Victoria SES to reimburse the Chapmans the fees associated with the VCAT hearing in the sum of $2,824.70. Discussion From a legal perspective I think all of this shows two things. First I think it is a credit to the judicial arm of government (including VCAT) that the tribunals exist and dispassionately hear and try to vicsesva.org.au
apply the law to all manner of arguments. That the tribunals exist is a valuable release. On the other hand, unlimited appeals and the right to challenge each and every decision of each and every decision maker does lead to the appearance that anyone who is willing to keep throwing money and time at a decision they don’t like will eventually triumph. We usually think of big business with deep pockets winning by attrition but it is not so limited. Whether that’s justice or not depends on where you stand in any given matter. We are not told what amendments the SES wanted to make or why. All we know is that when that application was refused, they did not proceed with the matter. The Chapmans, not surprisingly, were not happy with that outcome. They (at [26]) ‘made it clear that they would have preferred to have had the opportunity to be vindicated at a hearing of the Tribunal rather than simply have the respondents lead no evidence.’ As it is noone has been vindicated. Every step of this process, at least as reported in the Courts and Tribunals, has turned on process and procedure rather than the substance of the allegations. It would appear that, apart from the decision to refuse leave to amend the
charges made by Deputy President Lambrick, the Chapmans have had no judicial determination in their favour even if, at the end of the day, one has to conclude that the charges as formulated were defective. We simply don’t know however what behaviour occurred, or did not occur. This is an unsatisfactory outcome to a very long process. Conclusion This is a sad and sordid tale for an organisation that depends on volunteers. I have not repeated the details of the complaints against the Chapmans but they are set out in the Supreme Court judgement at [166]-[168]. If even some were true it must have made attendance at that SES unit very unpleasant. I said at the start that ‘the matter may have been finally resolved’ but actually one would have no reason to believe that. Given the history of this matter and the ‘depth of ill-will, distrust and disrespect that had developed’ [Chapman v Chief Officer of the Victoria State Emergency Service [2017] VSC 547, [253]) it is hard to see how this, or any decision will go toward rebuilding the unit. What I don’t understand is why the Chapmans, or the 50 or so other members
in the ‘other group’ would choose to remain either in the SES or in a unit that is so dysfunctional. Why is membership of the SES so important you would spend years and thousands of dollars fighting to stay when others clearly don’t want you; and why if people are behaving as the Chapmans’ were alleged to have done (acknowledging of course that the allegations have not been proved) would anyone else want to stay? Given the story, as told through judicial decisions, it is beyond me how the members of this unit find the will to turn up for training or to turn out to an emergency. The time and cost it has taken to come to no real resolution – no-one’s complaints, those made by and those made against the Chapman’s have been satisfactorily resolved. This is a shocking story for Victoria SES and the Victorian community. By Michael Eburn PhD and Barrister
This article originally appeared in his blog Australian Emergency Law, 2 July 2020: https://emergencylaw. wordpress.com. It is reproduced with the author’s permission.
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VicSESVA
A QUICK GUIDE Victoria State Emergency Service Volunteers Association WHAT IS VicSESVA? VicSESVA works to represent and advocate for VICSES volunteers, actively supporting members and engaging cooperatively with VICSES management, EM sector agencies and governing bodies, and State Government. • VicSESVA is a non-profit organisation which exists to further the interests of VICSES volunteer members. • VicSESVA uses its dedicated focus on volunteers to select and drive the resolution of issues that impact on skills, safety and how VICSES volunteers undertake their duties. It is important to note that VicSESVA is an Association not a Union. VicSESVA does not engage in adversarial campaigns but it does seek to further the interests of VICSES volunteers, and the public they serve, by promoting appropriate standards in training, equipment and ethics in VICSES.
WHO IS VicSESVA? VicSESVA is wholly staffed by VICSES volunteers who provide their time and expertise gratis and is funded by a small fee from VICSES Units, used to subsidise costs such as publishing, website, minimal office admin support and VA delegates travel. VicSESVA is comprised of all VICSES Units (two delegates may represent each Unit), Regional Councils and a State Board.
VicSESVA’s MISSION To be pro-active in the pursuit of excellence in service delivery for VicSESVA members and to maintain an effective communication and interaction with all emergency and support agencies.
VicSESVA’s VISION To ensure that the highest level of skills training is available to the volunteers of VICSES. To ensure that the resources available to volunteers are applicable to the respective operational requirements.
VicSESVA’s STRUCTURE VicSESVA is broken up into 7 Regions: South West, Central West, Central East, North West, North East, Mid-West and East. Each Region has a Regional Council which seeks input from local Units, meets and discusses the issues identified and selects issues for escalation to the VicSESVA State Board. Unit Delegates Each member Unit of VicSESVA may elect two delegates who convey the thoughts and feelings of their Unit and its members to the Regional Council or State Board.
Regional Councils The elected delegates of the Units from within the region form their Regional Council. The Regional Councils raise issues relevant to VICSES volunteers to be presented to the VicSESVA State Board for the formulation of policy on the issues they perceive need to be addressed, and to further advocate an outcome with the VICSES CEO or VICSES Board for action. Regional Council Positions Each Council may elect members to undertake the following roles: • President • Secretary
• Director • Alternate Director
VicSESVA Board The VicSESVA State Board is comprised of Regional Council Directors. Matters raised at Regional Councils are brought to the State Board so that the Board can recognise and monitor any wide ranging issues as they develop. If appropriate, the board will present them to the respective VICSES Management stream for resolution. VicSESVA Board Positions • Chairperson • Board Member • Vice Chairperson • Board Member • Secretary • Board Member • Treasurer
PHOENIX MAGAZINE VicSESVA publishes the Phoenix Journal for VICSES volunteers. Phoenix is published four times a year and features articles and photos of interest, submitted by volunteers and staff. To register to receive your electronic copy of Phoenix, go to https://vicsesva.org.au/how-to-subscribe/
WANT TO GET INVOLVED? As a VICSES volunteer, you are welcome to participate in a VicSESVA Regional Council. Depending on the region, meetings may be held once a quarter at local Unit LHQs. The discussion is very informative and presents a great opportunity to network and share best practices across Units. VicSESVA Board meetings are also open to individual members to attend.
HISTORY For more information about the history of VicSESVA, go to https://vicsesva.org.au/our-history/
NSESVA VicSESVA is a founding member of the National SES Volunteers Association (NSESVA). For information on NSESVA and the National Raffle Campaign, go to: https://vicsesva.org.au/faq/ https://www.nsesva.org.au/
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TO VicSESVA VicSESVA Activities, Advocacy and Industry Influence SUCCESSFUL ADVOCACY VicSESVA has successfully represented volunteers in: • Negotiating to meet regularly with the Minister for Emergency Services • Advocating for Unit VESEP bids • Advocating to EMV to retain the right of volunteers to go to VCAT in matters of dispute (VICSES Regulations Review) • Meeting quarterly with the VICSES Executive and raising matters of concern to volunteers which have been brought to Board meetings • Meeting quarterly with the VICSES Operations staff • Supporting and promoting the annual EMV Volunteer Welfare and Efficiency Survey • Providing grants of funds for individual volunteer welfare or hardship cases • Supporting members undertaking the VFBV leadership courses • Providing information and advice to individual members and Units • Providing a support person to individual members in matters of dispute • Collaboration with the National SES Volunteers in advocacy for matters such as transferability of skills, harmonisation of training, national recognition, awards • Implementation of the NSESVA National Raffle Scheme to establish future funding
8. VICSES internal Fleet, RCR, State WH&S, Awards, Uniform working groups 9. VICSES Community Resilience Strategy, volunteer representation 10. AFAC Volunteer Management Technical Working Group 11. AFAC/SES member Project Working Group, ‘SES Fit for Task’ 12. AFAC doctrine development ‘Volunteer Impact Assessment Guideline’ (VMTG) 13. AFAC doctrine development, ‘Volunteer inclusion Model’ (VMTG Diversity Working Group) 14. Member, AIDR Dranszen Forum 15. Member Steering Committee and Working Group, Communities Responding to Disasters: Planning for Spontaneous Volunteers Handbook (Australian Emergency Management Manual Series 2018) 16. BNHCRC member Advisory Group ‘Adapting the Sector’ 17. NSESVA Youth Strategy 18. Volunteer Group Steering Committee, Victorian Government ‘Provisional Payments Pilot (Mental Health Injury)’
EXPERTS AND ADVICE On request VicSESVA has provided experts as guest speakers, advisors or community representatives. VicSESVA Chair, David Rowlands, is a Life Member of VICSES. VicSESVA Secretary, Dr Faye Bendrups, has been recognised for her work in the EM sector by being named one of the AFR’s ‘100 Women of Influence’ in 2019. This has provided opportunities to promote the work of SES volunteers in major local and national forums, including:
• Raising the profile and interests of VICSES volunteers at local, state and national forums, including conferences, other EM agencies, interstate agencies, working groups, task forces, expert advisory panels etc.
• 2018 Informed Observer, Diversity in Disaster Conference
SECTOR COLLABORATION
• 2019 Chair, Akolade 2nd Emergency Management Leaders’ Forum
VicSESVA has extensive membership of industry forums, regular collaboration with VICSES and influence through its membership of NSESVA, including:
• 2019 Guest panellist, Public Safety and Hysteria: Leading by example in the first 24 hours of a terrorist event, Akolade 2nd Emergency Management Leaders’ Forum
1. EMV Volunteer Consultative Forum, founding member
• 2019 Facilitator, EM conference panel Wellbeing: a Range of Perspectives from People on the Ground
2. EMV Expert Reference Group, The 3Vs: Volunteer Volunteering Volunteerism – Uncovering the hidden value 3. EMV Expert Working Group, collaboration in developing Strategic Priorities for Volunteering in Emergency Management 4. Emergency Services Foundation (ESF) Chair, Alumni Network 5. Member of Organising Committee, annual ESF Emergency Management Conference 6. Facilitator, ESF Alumni Strategic Directions planning and ‘Valuing Volunteers’ project
• 2019 Expert Judge, Ch7 News Young Achiever Awards (CFA Volunteer Excellence category) • 2019 Executive Judge, Victorian Regional Achievement and Community Awards • 2019 Women in the SES: Reshaping Dynamics, AFAC19 ‘A Shift to the New Norm: Riding the Wave of Change’ international conference presentation, see www.afac.com. au/events/proceedings/29-08-19/article/109.-women-inthe-sesreshaping-dynamics
7. VESEP panel member (VICSES and EMV)
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Calling for old copies of Phoenix Journal The association is currently in the process of digitising the entire collection of Phoenix. Issues from now till 2005 are available for members to download from the association website. We are in the process of digitising the remaining copies from 2004 to 1987. We are missing a small number to complete the collection, please see the issue numbers below. Issues 48 & 49 (1993) | 55, 56 & 57 (1994) | 74 (1997) | 82 (1999) The association will arrange pickup and return postage. Members who are interested in supplying any missing issues please contact media@vicsesva.org.au
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OFFICIAL MEDICAL ADVICE
Coronavirus: Thanks to you, we are saving lives and stopping the spread. But it’s important we continue to keep all Australians safe. Stay at home unless necessary and avoid non-essential travel. Banks, supermarkets, petrol stations, medical services and suppliers remain open.
If you can, you should work from home. Use phones for meetings, stop handshaking, tap to pay where possible instead of using cash.
Maintain physical distancing and hygiene practices. Keep 1.5 metres of physical distance, exercise away from others, and wash your hands regularly for 20 seconds.
Visit australia.gov.au to find restrictions specific to your State or Territory. Authorised by the Australian Government, Canberra
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