Today’s question is about the chain of command in the NSW RFS.  My correspondent says:

Recently, a fellow volunteer officer in the NSW RFS made a statement that left me equal parts bewildered and dumbfounded, and I’m hoping you can clarify.

The Deputy Captain claimed he had the authority to issue any member a “lawful order” under the RFS Act (which I assume he meant the Rural Fires Act 1997 NSW). I’m not aware of any such power existing.

While we do have ranks and designated roles, my understanding is that we operate through agreed procedures, teamwork and mutual respect — not by invoking a power to issue binding “lawful orders” to other volunteers. Correct?

One would imagine that an organisation with a quasi-military rank structure – epaulettes and titles like ‘captain’ assumes or intends that the officers can give ‘orders’ to the other ranks, and those other ranks will implement the orders; but what does the law say?

We know that the obligation to obey the lawful and reasonable directions of an employer is an essential part of the employment contract – see Paramedic’s use of AI for clinical practice (November 15, 2024). Volunteers however are not employees.

If we start at the top and work down. The Rural Fires Act 1997 (NSW) says that the Commissioner ‘is responsible for managing and controlling the activities of the Service and has such other functions as are conferred or imposed on the Commissioner by or under this or any other Act’ (s 12).  One of the functions of the Commissioner (s 12(4) is to determine the RFS rank structure. Section 14 says that the ‘Commissioner may delegate to any member of the Service any of the Commissioner’s functions under this Act, other than this power of delegation’.  The Act specifically empowers the Commissioner to authorise ‘any officer or member of a rural fire brigade or group of rural fire brigades’ to perform any of the Commissioner’s functions (s 39).

Equally an ‘officer of a rural fire brigade or group of rural fire brigades has the functions conferred or imposed on the officer by or under this or any other Act’ (s 21).   The Act then goes onto to specify powers that an officer may exercise for the purpose of ‘controlling or suppressing a fire or protecting persons, property or the environment from an existing or imminent danger arising out of a fire, incident or other emergency’ (ss 22 to 26). ‘The officer in charge at a fire, incident or other emergency may authorise any officer or member of a rural fire brigade or group of rural fire brigades to exercise all or specified functions under this Act of the officer in charge at a fire, incident or other emergency’ (s 40).

Section 41(1) says (emphasis added):

Every member of the NSW Police Force and all other persons are to recognise—

(a)            the authority of the Commissioner and any member of a rural fire brigade or group of rural fire brigades or fire control officer acting under the Commissioner’s directions, and

(b)           the authority of the officer in charge at a fire, incident or other emergency at which a rural fire brigade is present or of an officer of a rural fire brigade directly assisting the person primarily responsible for responding to a fire, incident or other emergency.

The reference to ‘all other persons’ would extend to other members of the Rural Fire Service who are obliged thereby to recognise the authority of the brigade officers acting under the direction of the Commission or as the incident controller or the incident controller’s delegate (s 40).

All of that deals with decision making at a fire or other emergency.  Does that extend to any ‘lawful order’?  I’m not sure what the person had in mind when they said ‘lawful’ order but we can look a bit deeper.

The Rural Fires Regulation 2022 (NSW) provides that every brigade is to have a constitution, and the constitution is set out in Service Standard 2.1.2 (18 March 2020).  There is a distinction between field and administrative officers.  The captain and deputy captains are field officers ([7.14]).  The constitution allows for brigade rules ([12]) and brigade standing orders ([13]).  I cannot look at the rules and orders for any particular brigade so I cannot comment on what they may say about the role of the captain or deputy captain in any particular brigade, but they must not be inconsistent ([12.2] and [13.3]) with:

(a) the Constitution;

(b) the Brigade Management Handbook; 

(c) the Service Standards; and

(d) any relevant district standard operating procedure.

The constitution does not provide specific details of the chain of command or the authority of the captain or deputy captain.  The Brigade Management Handbook is not publicly available so I cannot comment on that.

Service Standard 1.2.1 NSW RFS Ranking and Rank Insignia (22 November 2023) sets out the insignia for each rank and details of qualifications for appointment etc but does not specify the role or power of each rank.

Service Standard 2.1.4 Appointment of Field and Group Officers (16 March 2022) sets out the procedures for the election of field and group officers and sets out the duties of group officers.  It does not expand on the role of field officers such as a captain or deputy captain.

Service Standard 1.3.1 Operational Delegations and Authorisations (27 February 2025) details delegations made by the Commissioner under the Act. It says ([2.1]):

Operational command responsibilities of the NSW RFS are to be generally exercised at the District (local government area) level by the District Manager, ranked staff members of the NSW RFS and officers of rural fire brigades and groups of rural fire brigades.

There is no specific delegation to captains or deputy captains. There is, however, a note at the end of [2] that says (emphasis added):

Only functions clearly identified in the Act as belonging to the Commissioner are delegated in the Instruments of Delegation. Normal command arrangements do not require formal delegation and operate through the chain of command in accordance with established procedure.

Service Standard 1.3.2 Powers of Officers (19 March 2013) sets out how officers are to exercise the powers granted to them under ss 22 to 26 of the Act.

Discipline within the RFS is managed in accordance with the Regulations (rr 10 and 11) and Service Standard 1.1.34 Workplace Complaints Resolution (15 July 2024)(replacing Service Standard 1.1.2 Discipline v4.0). Without going through that service standard in detail, it does not provide that an issue can be resolved by the deputy captain ‘ordering’ the members to do or not do something.

Finally, as a point of comparison, the Defence Force Discipline Act 1982 (Cth) s 9DC says:

A prescribed defence member contravenes this section if:

(a) a person gives the member a lawful command; and

(b) the person giving the command is a superior officer; and

(c)  the member disobeys the command.

There is nothing similar in the Rural Fires Act, its regulations or the various service standards reviewed above.

Discussion

The roles of captain and deputy captain are field or operational roles.  In the context of

(a) controlling or suppressing a fire; or

(b) protecting persons, property or the environment from an existing or imminent danger arising out of:

i. a fire;

ii. an incident;

iii. or other emergency.

a deputy captain can direct (if not order) other members of the brigade in accordance with their role at the event, that is if they are the person making the choice to exercise a power under ss 22 to 26.

Where a captain or deputy captain is acting as the officer in charge at a fire then everyone, including other members of the brigade, is to recognise their authority.

What follows is that the expectation is that when fighting a fire or dealing with another emergency where the deputy captain is exercising the authority granted by the Act and Service Standard 1.3.2 he or she can give directions to other members of the brigade.  Failure to perform the tasks or undertake the duties as assigned could be a breach of discipline (Rural Fires Regulation 2022 (NSW) r 10(1)).

Someone has to manage a brigade in its day to day operations, making decisions about training, what tea and coffee is provided etc and also setting the tone and culture of the brigade and ensuring everyone is playing on the same team.  The brigade constitution provides for an executive committee made up of the captain and the various administrative officers (president, secretary, treasurer etc).  ‘The executive committee manages the Brigade other than in relation to operational activities’ ([8.3]) subject to any ‘directions or conditions adopted by majority resolution at the AGM or a general meeting’ ([8.4]).

Conclusion

A deputy captain may ‘issue any member a “lawful order” under the … Rural Fires Act 1997’ but that simply begs the question of what is a ‘lawful order’ under the Act. And the ‘lawful orders’ that a deputy captain can issue are very much limited to directions at the scene of a fire or other emergency acting in accordance with ss 22 to 26 of the Act and Service Standard 1.3.

That answer could be affected by provisions of the Brigade Management Handbook but as that is not a publicly available document I cannot comment on it.

For a related post see Authority of an NSW RFS captain (August 27, 2020).

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.