L.S. 411.01 Regolamenti dwar il-Protezzjoni Ċivili (Dixxiplina u Assoċjazzjoni)

(1)These regulations shall apply to all members of the Assistance and Rescue Force established in terms of article 8 of the Act. Application of these regulations and interpretation. Amended by: L.N. 53 of 2015.

(2)In these regulations, unless the context otherwise requires - "Act" means the Civil Protection Act; Cap.

1. "Department" means the Department of Civil Protection; "Director General of Civil Protection" means the Director General of Civil Protection and includes, to the extent of the authority given, any other public officer authorised in that behalf by such Director General of Civil Protection with the Minister’s approval for the period of time as the Minister decides; "Force" means the Assistance and Rescue Force referred to in article 8 of the Act; "Minister" means the Minister responsible for Civil Protection and includes, to the extent of the authority given, any person authorised on that behalf for any purpose of these regulations. PART II Civil Protection Department and Personnel Duties, Discipline, Association and Other Related Matters
2. Civil Protection personnel shall be employed on such duties as to afford protection of the population against the effects of any form of natural or man-made disaster or emergency necessitating co-ordinated measures and services by central and local government in conjunction with other competent agencies and non-governmental organisations with the aim of saving lives and property, reducing casualties, maintaining essential services and supplies, and in general organising such protective measures, training and education as are deemed necessary and possibly to prevent the occurrence of such disasters. Functions and duties. 4.

(1)The Department of Civil Protection shall comprise a Director General of Civil Protection and such other officers of such Department of Civil Protection. 2 [ S.L.411.01 CIVIL PROTECTION (DISCIPLINE AND ASSOCIATION) ranks as may from time be approved by the Minister.

(2)The Director General of Civil Protection shall have the command, control and direction of the Department.

(3)The Department shall comprise also an Assistance and Rescue Force set up in terms of article 8 of the Act. Annual report. 5.

(1)The Director General of Civil Protection shall make and transmit to the Minister a report dealing generally with the activities of the Department and the status of civil protection in Malta in the preceding year.

(2)The report shall bc submitted to the Minister, unless otherwise directed by him, within the first four months of the year following the year to be reported upon. Training of officers and other persons. 6.

(1)The Director General of Civil Protection shall ensure that officers under his command shall maintain and improve their knowledge and their efficiency in civil protection matters by attending courses of in-service training and lectures at suitable intervals.

(2)The Director General of Civil Protection shall ensure also that persons from outside the Department assisting civil protection personnel in dealing with emergency or disaster circumstances, are trained in related matters and for this purpose it shall be part of his duties to see that courses are regularly organised by the department for them in order to improve their knowledge and capabilities to deal with such situations, and for them to maintain the necessary links with civil protection personnel. Duties of Civil Protection personnel. Amended by: L.N.136 of 2017. 7.

(1)The Director General of Civil Protection shall assign to all officers of the Department as well as to all other persons employed with or assisting the Department, the duties to be carried out by them.

(2)Such duties shall, where practicable and necessary, be set out in detail in written orders made by the Director General of Civil Protection.

(3)It shall be the duty of every officer to promptly comply, without hindrance or challenge, with such written orders and with any other order or directive given by the Director General of Civil Protection or other senior officer of the Department.

(4)In addition officers of the Department shall (

1. a)perform their duties with a high degree of vigilance, competence and discipline; (
2. b)pay strict attention to cleanliness and dress, and shall always wear the approved uniform when on duty; (
3. c)dedicate their whole time to the service of the Department and shall not carry on any other work unless prior permission in writing has been obtained from the Director General of Civil Protection; (
4. d)be liable to be stationed at such places as the Director General of Civil Protection may from time to time CIVIL PROTECTION (DISCIPLINE AND ASSOCIATION) [ S.L.411.01 appoint; and (
5. e)be deemed to be on duty at all times.

(5)(

1. a)No person appointed to the Force, other than by promotion within the Force, shall enter upon the duties of the office, or act in any way in connection therewith, before he has taken the Oath of Office set out in the Schedule to the Act. (
2. b)The Oath of Office shall be taken and signed by all officers appointed to the Force before a person duly empowered to do so by the Minister, or before the Director General of Civil Protection. 8.

(1)An officer of the Department who has any complaint or request to make in connection with his duties or situation in the Department shall submit such complaint or request to the Director General of Civil Protection. Complaints or requests by staff.

(2)The Director General of Civil Protection, if unable to dispose of such complaint or request himself, shall submit the case with his remarks for the consideration of the Minister.

(3)If the Director General of Civil Protection declines to attend to a complaint or request of such officer or to take any action thereon within fifteen days, the officer shall be entitled to submit his representations in writing to the Minister through the Director General of Civil Pro tect ion. The Director General of Civil Protection shall transmit such representations to the Minister without delay.

(4)An officer making a frivolous or vexatious complaint or request shall render himself liable to disciplinary action. 9.

(1)Any member of the Force who commits any of the offences set out in the First Schedule shall be guilty of an offence against discipline.

(2)(

1. a)Disciplinary proceedings shall be regulated according to article 110 of the Constitution. (
2. b)Where any powers are delegated according to article 110 of the Constitution to the Director General of Civil Protection to exercise disciplinary action, the Director General of Civil Protection shall adopt the following provisions: (
3. i)The Director General of Civil Protection shall appoint a senior officer to collect the evidence and to recommend the relative punishment applicable in the case, if any. (
4. ii)The Director General of Civil Protection may not conduct such proceedings where he is a direct witness of the fact alleged and has to give evidence on oath. (iii) The Director General of Civil Protection or a senior officer shall have the power and authority to hear evidence on oath, and a warrant signed Offences against discipline by members of the Force. Amended by: L.N. 53 of 2015. 3 4 [ S.L.411.01 CIVIL PROTECTION (DISCIPLINE AND ASSOCIATION) (
5. iv)(
6. v)by him shall be equivalent to a subpoena issued to compel a witness to attend or to produce documents. No person summoned as a witness shall be obliged to answer any question or produce any document which may tend to incriminate him and every such person shall, in respect of any evidence given by him in the enquiry, be entitled to all the privileges to which a witness giving evidence before the Court of Magistrates in criminal matters is entitled in respect of evidence given by him before such court. Any person who, in evidence on oath before the Director General of Civil Protection or a senior officer, gives false evidence, shall be guilty of a criminal offence and shall be liable, on conviction, to a term of imprisonment not exceeding two years and to general interdiction.

(3)In proceedings as are mentioned in subregulation

(2)(

1. b)the Director General of Civil Protection shall ensure that: (
2. a)an officer higher in rank than the officer charged shall be detailed to represent the Department and produce the evidence in support of the charge; (
3. b)the officer charged may defend himself in person, or through the assistance of another officer of his own choice, or of a representative of a trade union.

(4)(

1. a)The officer charged may summon witnesses on his own behalf, and cross examine witnesses brought against him. (
2. b)The Director General of Civil Protection or senior officer shall hear final submissions, both on the merits and on the punishment awardable, from the prosecution and the defence before giving his decision and awarding punishment, if any. (
3. c)The rules of evidence which would be applicable in a court of law shall apply to such proceedings, and summary notes are to be taken by the presiding officer, signed by him, and attached to the records of the case.

(5)The senior officer appointed by the Director General of Civil Protection according to subregulation

(2)(b) shall always transmit to the Director General of Civil Protection the relative file together with his opinion therein about the merits of the case and the punishment, if any, recommended by him, and the Director General of Civil Protection may adopt the recommendation or reform it either by acquitting the officer charged or reducing the punishment, if any.

(6)Before deciding on a case the Director General of Civil Protection shall, within seven days of the transmission of the recommendation to him by the senior officer in accordance with subregulation

(5), notify the officer charged as to the punishment, CIVIL PROTECTION (DISCIPLINE AND ASSOCIATION) [ S.L.411.01 if any, to be awarded and the officer may, if he is not in agreement with the said recom mend at ion, wi thin seven days f rom th e notification, make written representations to the Director General of Civil Protection, or to the Permanent Secretary at the Ministry in the event that the disciplinary case was heard by the Director General of Civil Protection himself. The decision of the person to whom the appeal is made shall be final.

(7)The Director General of Civil Protection may with the approval of the Minister make rules regarding the procedure to be followed in the prelim inary hearing into an allegation of a disciplinary offence.

(8)Any disciplinary proceedings taken against a member of the Force shall be without prejudice to any proceedings which may be taken against him under the provisions of the Criminal Code or any other law and any proceedings taken under any of such laws shall be without prejudice to any such disciplinary procedures for the same fact. Cap. 9.

(9)All penalties imposed in respect of offences against discipline shall be recovered from the offender’s pay which is due or is to become due; provided that the Director General of Civil Protection may, after taking into consideration the number of the dependants of the officer and other similar factors, spread the payment of such penalty over a number of monthly instalments not exceeding the equivalent of one day’s salary of the offender or may give him the option to compensate through extra hours to be worked. 10. It shall be lawful for the Minister to remove from his office at any time an officer of the Force who - Removal from office. (

1. a)is considered unlikely to become, or has ceased to be, an efficient officer; or (
2. b)is incapable, by reason of some infirmity of mind or body, of discharging the duties of his office when such infirmity is likely to be permanent; or (
3. c)after considering the conditions of the Force, the circumstances of the case and the usefulness of the officer in the Force, it is considered in the public interest the officer should not continue to serve as a member of the Force. 11. When any officer shall cease to hold and exercise his office, he shall forthwith return to such person and at such time and place as the Director General of Civil Protection shall direct, all uniforms and other clothing and equipment which have been supplied to him at the public expense and which he is directed by the Director General of Civil Protection to return. Uniforms and stores. 12. (Deleted by Legal Notice 53 of 2015). Prohibition of membership of trade union. 13. (Deleted by Legal Notice 53 of 2015). Officers’ Staff Association. 5 6 [ S.L.411.01 CIVIL PROTECTION (DISCIPLINE AND ASSOCIATION) CIVIL PROTECTION (DISCIPLINE AND ASSOCIATION) [ S.L.411.01 7 FIRST SCHEDULE (Regulation 9) OFFENCES AGAINST DISCIPLINE BY MEMBERS OF THE ASSISTANCE AND RESCUE FORCE 1. Disobedience to orders, which offence is committed when a member of the Assistance and Rescue Force disobeys or, without reasonable cause, fails to carry out any lawful order whether in writing on not. 2. Insubordination, which offence is committed when a member of the Assistance and Rescue Force is insubordinate by word, act or demeanour. 3. Abuse of authority, which offence is committed when the conduct of a member of the Assistance and Rescue Force towards another such member or a member of the public is oppressive or abusive. 4. Absence from duty, which offence is committed when a member of the Assistance and Rescue Force (
4. a)without reasonable cause is absent from duty or is late for any parade, drill or other attendance; or (
5. b)without reasonable cause leaves his place of duty. 5. Neglect of duty, which offence is committed when a member of the Assistance and Rescue Force (
6. a)without reasonable cause fails to attend to or carry out his duty promptly and diligently; or (
7. b)by carelessness or neglect suffers any loss, damage or injury to occur to any person or property; or (
8. c)fails to report any matter which it is his duty to report; or (
9. d)fails to make an entry, which it is his duty to make, in any book or document; or (
10. e)fails properly to account for, or to make a prompt and true return of, any money or property which comes into his possession as a result of his employment. 6. Falsehood, which offence is committed when a member of the Assistance and Rescue Force (
11. a)knowingly or through wilful neglect makes any false, misleading or inaccurate oral or written statement or entry in any record or document made, kept or required for fire and rescue services purposes; or (
12. b)has knowingly or through wilful neglect made any false, misleading or inaccurate statement in connection with his appointment as a member of the Assistance and Rescue Force. 7. Misconduct in relation to official documents, which offence is committed when a member of the Assistance and Rescue Force, without reasonable cause, destroys or mutilates any record or document made, kept or required for fire and rescue services purposes, or alters or erases or adds to any entry in such a record or document. 8. Improper disclosure of information, which offence is committed when a m e m b e r o f t h e A s s i s t a n c e a n d R e s c u e F o r c e , w i t h o u t p r o p e r a u t h o r i t y, communicates to any person information which he acquires in confidence as a member of the Force. 8 [ S.L.411.01 CIVIL PROTECTION (DISCIPLINE AND ASSOCIATION) 9. Corrupt or improper practice, which offence is committed when a member of the Assistance and Rescue Force improperly uses, or attempts so to use, his position as a member of the Force for his own private advantage or for the private advantage of some other person. 10. Loss of, or damage to Government property, which offence is committed when a member of the Assistance and Rescue Force (
13. a)wilfully or negligently causes any waste or loss of, or damage to, any property of the Department of Civil Protection, or fails to take reasonable care thereof; or (
14. b)fails to report, as soon as is reasonably practicable, any loss of, or damage to, any property issued to, or used by, him or entrusted to his care. 11. Unfit for duty, which offence is committed when a member of the Assistance and Rescue Force renders himself unfit through drink or drugs or similar means for duties which he is or will be required to perform or which it is reasonable to foresee that he will have to perform. 12. Criminal conduct, which offence is committed when a member of the Assistance and Rescue Force has been found guilty by a court of law of a criminal offence which (
15. a)occurs in connection with his duties as a member of the Force; or (
16. b)does not so occur but has a bearing on his suitability for his job; or (
17. c)is liable to bring the service into disrepute. 13. Untidiness, which offence is committed when a member of the Assistance and Rescue Force while on duty, or while off duty but wearing uniform in a public place, is without reasonable cause dirty or untidy in his person, clothing or personal equipment. 14. Conduct prejudicial to discipline, which offence is committed when a member of the Assistance and Rescue Force while on duty or in uniform acts in a manner which is, or is likely to be, prejudicial to the discipline of the Force. 15. Conduct prejudicial to the reputation of the Force, which offence is committed when a member of the Assistance and Rescue Force intentionally or recklessly and without reasonable cause acts in a manner which damages, or is likely to damage, the reputation of the Force. SECOND SCHEDULE (Regulation 13) Amended by: L.N. 426 of 2007. STATUTE OF THE CIVIL PROTECTION STAFF ASSOCIATION (Deleted by Legal Notice 53 of 2015)