Bush Fires Amendment Regulations 2004 (WA)

7140 GOVERNMENT GAZETTE, WA 31 December 2004

FIRE AND EMERGENCY SERVICES

F E:301*

Bush Fires Act 1954

Bush Fires Amendment Regulations 2004

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Bush Fires Amendment

Regulations 2004.

2.            The regulations amended

The amendments in these regulations are to the Bush Fires
Regulations 1954*.

[* Reprinted as at 9 February 2001.

For amendments to 13 December 2004 see Western p. 38-9.]

3.             Regulation 40 inserted

Part VIII is amended by inserting before regulation 41 the following regulation —

44  

40.          Apportionment of amounts under section 37 of the

volunteer fire fighter, none of those persons

Act

(1) In this regulation —
"volunteer fire fighter" has the same meaning as in

section 35A of the Act.

(2) The amounts referred to in section 37(8a) of the Act are to be apportioned between the persons entitled to those amounts as follows —

(a)	if, immediately before the death of the volunteer fire fighter, each of those persons were dependant on the fire fighter, the amounts are to be apportioned in accordance with Schedule 1 to the Workers' Compensation and Rehabilitation Act 1981;
(b)	if, immediately before the death of the

31 December 2004 GOVERNMENT GAZETTE, WA 7141

were dependant on the volunteer fire fighter,
the amounts are to be apportioned in equal
shares or if there is only one such person, that

person is to receive all of the amounts; or

(c) if, immediately before the death of the

volunteer fire fighter, at least one of those
persons was dependant on the volunteer fire
fighter and at least one of those persons was
not, then —

(i)     a person who was not so dependant is entitled to 10% of the amounts and if there is more than one such person, those persons are entitled to 10% of the amounts apportioned between them in equal shares; and

(ii) the person, or persons, who were so dependant are entitled to the rest of the amounts apportioned between them, if thee is more than one person, in accordance with Schedule 1 to the Workers' Compensation and Rehabilitation Act 1981.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.