Fire and Emergency Services Act 1998 (WA)
Western Australia
Western Australia
Western Australia
Fire and Emergency Services Act 1998This Act may be cited as the
This Act comes into operation on such day as is fixed by proclamation.
In this Act, unless the contrary intention appears —
(a) the FES Commissioner; or
(b) a brigade (as defined in the
Fire Brigades Act 1942 ); or(c) a bush fire brigade (as defined in the
Bush Fires Act 1954 ); or(d) an SES Unit; or
(e) a VMRS Group; or
(f) the Police Service; or
(g) any other agency, organisation or body that provides emergency services,
in performing functions relating to emergency services;
(a) the prevention, control and extinguishment of fires;
(b) the prevention and control of other incidents;
(c) the provision of emergency services in relation to incidents;
(d) the protection and saving of life and property endangered by incidents;
(e) the promotion of the safety of life and property from incidents;
(f) the rendering safe of the sites of incidents;
(g) the carrying out of —
(i) rescue operations;
(ii) search and rescue operations;
(iii) marine search and rescue operations;
(iv) assistance operations;
(v) monitoring activities;
(a) a fire; or
(b) a hazardous material incident; or
(c) a natural disaster; or
(d) an accident or other event that may require the carrying out of —
(i) a rescue operation;
(ii) a search and rescue operation;
(iii) a marine search and rescue operation;
(iv) an assistance operation;
(v) a monitoring activity;
In this Act —
(a) in relation to Crown land, means —
(i) a lessee of the land or another person with a right to occupy the land otherwise than as an owner according to paragraph (b) or (c); or
(ii) a person with a right to acquire by purchase or otherwise the fee simple of the land;
or
(b) in relation to Crown land that does not have an owner according to paragraph (a) and that —
(i) is vested in a person; or
(ii) is dedicated to a purpose of a person; or
(iii) is placed under the control of a person,
means that person or, if applicable, the management body within the meaning of the
(c) in relation to Crown land that does not have an owner according to paragraph (a) or (b), means the State; or
(d) in relation to freehold land that is under the operation of the
Transfer of Land Act 1893 , means a proprietor within the meaning of that Act, except a mortgagee who is not a mortgagee in possession of the land; or(e) in relation to land that is subject to the
Registration of Deeds Act 1856 , means the holder of an interest registered by memorial under that Act, except a mortgagee who is not a mortgagee in possession of the land; or(f) means a person who —
(i) under the
Mining Act 1978 , holds in respect of the land a mining tenement within the meaning of that Act; or(ii) in accordance with the
Mining Act 1978 , holds, occupies, uses, or enjoys in respect of the land a mining tenement within the meaning of theMining Act 1904 1 ; or(iii) under the
Petroleum and Geothermal Energy Resources Act 1967 , holds in respect of the land a permit, drilling reservation, lease or licence within the meaning of that Act.
This Act binds the Crown.
In this Division —
(1) The FES Ministerial Body is established.
(2) The FES Ministerial Body is a body corporate with perpetual succession.
(3) Proceedings may be taken by or against the FES Ministerial Body in its corporate name.
(4) The FES Ministerial Body is to be governed by the Minister.
(5) The FES Ministerial Body has the status, immunities and privileges of the Crown.
(1) The FES Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister’s functions under the emergency services Acts that can more conveniently be performed by a body corporate than an individual.
(2) Any acts or things done through the FES Ministerial Body as described in subsection (1) are to be regarded as —
(a) services under the control of the Department for the purposes of the
Financial Management Act 2006 section 52; and(b) operations of the Department for the purposes of Part 5 of that Act.
(3) Despite the employment under the
Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the FES Ministerial Body, the FES Ministerial Body and those officers are not an organisation for the purposes of that Act.
(1) The FES Ministerial Body is to have a common seal.
(2) A document is duly executed by the FES Ministerial Body if —
(a) the common seal of the FES Ministerial Body is affixed to it in accordance with subsections (3) and (4); or
(b) it is signed on behalf of the FES Ministerial Body by the Minister; or
(c) it is signed on behalf of the FES Ministerial Body, as authorised under subsection (5), by the FES Commissioner or another person.
(3) The common seal of the FES Ministerial Body is not to be affixed to a document except as authorised by the FES Ministerial Body.
(4) The common seal of the FES Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed.
(5) The FES Ministerial Body may, by writing under its seal, authorise the FES Commissioner or another person to execute deeds or other documents on behalf of the FES Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation.
(6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.
(7) A document executed by the FES Commissioner or another person under this section without the common seal of the FES Ministerial Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5).
(8) When a document is produced bearing a seal purporting to be the common seal of the FES Ministerial Body, it is to be presumed that the seal is the common seal of the FES Ministerial Body until the contrary is shown.
(9) For the purposes of this Act, a facsimile of —
(a) the FES Ministerial Body’s seal; or
(b) the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents,
may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection.
(1) In this section —
(2) For the purposes of the emergency services Acts the Minister may —
(a) acquire, hold, manage, improve, develop, dispose of, and otherwise deal in, real and personal property; and
(b) develop and turn to account any technology, software or other intellectual property that relates to the purposes of the emergency services Acts and, for those purposes, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights.
(3) The proceeds of —
(a) the disposal of any real or personal property; or
(b) anything else done by the Minister under subsection (2),
are to be credited to an operating account of the Department.
(1) The Minister may, if the Treasurer approves, borrow sums of money from the Western Australian Treasury Corporation, or as otherwise approved by the Treasurer, for the purposes of the emergency services Acts.
(2) All sums borrowed under subsection (1) are to be credited to an operating account of the Department.
(1) Subject to the control of the Minister, the FES Commissioner is responsible for the provision and management of emergency services in accordance with the functions given to the FES Commissioner by or under the emergency services Acts.
(2) The FES Commissioner has the functions of —
(a) advising the Minister on all aspects of policy in relation to emergency services;
(b) developing plans for, and providing advice on, the management and use of emergency services;
(c) undertaking, coordinating, managing and providing practical and financial assistance to activities and projects relating to emergency services.
(3) Nothing in this section or another provision of the emergency services Acts limits the functions of the FES Commissioner as a chief executive officer under the
Public Sector Management Act 1994 .
(1) The FES Commissioner may do all things necessary or convenient to be done for or in connection with the performance of the FES Commissioner’s functions.
(2) Without limiting subsection (1) or any other power conferred on the FES Commissioner by the emergency services Acts, the FES Commissioner may —
[(a) deleted] (b) produce and publish information on matters related to the FES Commissioner’s functions; and
(c) require payment of rent, fees or other charges for the use of any of the Department’s facilities or services; and
(ca) make such charges as the FES Commissioner determines for anything done by the FES Commissioner in the performance of the FES Commissioner’s functions under section 26A of the
Fire Brigades Act 1942 ; and(d) fix the amount of rent, fees or other charges referred to in paragraph (c) or (ca) and may reduce or refund the amount payable in particular cases; and
(e) enter into a contract or arrangement on behalf of the State with a person or body (including a local government, or a department of the Public Service or other agency or instrumentality of the State or the Commonwealth) —
(i) for the performance by that person or body of any work or the supply of equipment or services; or
(ii) to provide consultancy or advisory services to that person or body;
and
(f) act in conjunction with a person, a firm or a local government, or a department of the Public Service or other agency or instrumentality of the State or the Commonwealth.
(2a) Subsection (2)(c) and (ca) do not apply in relation to any facility, service or other thing in respect of which rent, fees or charges may be prescribed under an emergency services Act.
[(3) deleted]
(1) For the purposes of the functions performed under the emergency services Acts, the Department may use, and operate under, a name (an
operational name ) —(a) set out in subsection (2); or
(b) approved or amended under subsection (3).
(2) The following names are operational names —
(a) Bush Fire Service of Western Australia; and
(b) FES Fire and Emergency Services; and
(c) FES Fire Services; and
(d) Western Australia Fire and Rescue Service; and
(e) State Emergency Service; and
(f) Volunteer Marine Rescue Services.
(3) The Minister may by order published in the
Gazette —(a) approve other operational names; or
(b) amend, or cancel the use of, an operational name.
(4) If a group of persons (a
brigade ) is both a bush fire brigade under theBush Fires Act 1954 and a volunteer brigade under theFire Brigades Act 1942 , the brigade may, with the approval of the FES Commissioner, operate under the name FES Fire Services Brigade or any other name approved by the FES Commissioner.
(1) The Minister may, in writing, delegate to the FES Commissioner the performance of any of the Minister’s functions under the emergency services Acts, except the Minister’s functions under Part 6A.
(2A) Without limiting the things that may be delegated under subsection (1), they include things that are to be done in the course of governing the affairs of the FES Ministerial Body under section 5(4).
(2) The FES Commissioner may, in writing, delegate —
(a) to another member of staff, an advisory committee established under section 24(1) or a public service officer not employed in the Department — the performance of any of the FES Commissioner’s functions under the emergency services Acts; and
(b) to a member of an SES Unit — any of the FES Commissioner’s powers under section 18B; and
(c) to a member of a VMRS Group — any of the FES Commissioner’s powers under section 18G; and
(d) to a member of a FES Unit — any of the FES Commissioner’s powers under section 18L.
(3) Performance by a delegate of a function delegated under subsection (1) or (2) —
(a) is taken to be in accordance with the terms of a delegation under this section, unless the contrary is shown; and
(b) is to be treated as performance by the delegator.
(4) Except as provided in section 16 a delegation under this section does not include the power to subdelegate.
(5) Nothing in this section is to be read as limiting the ability of the FES Commissioner to act through members of staff or agents in the normal course of business.
(1) The Minister may, in an instrument by which a function is delegated under section 15(1), authorise the FES Commissioner to subdelegate that function to another member of staff.
(2) The FES Commissioner may, in an instrument by which a function is delegated under section 15(2)(a) to a member of staff, authorise the member of staff to subdelegate that function to another member of staff.
(3) A subdelegation under this section must be made in writing.
(4) Performance by a subdelegate of a function subdelegated under subsection (1) or (2) —
(a) is taken to be in accordance with the terms of a subdelegation under this section, unless the contrary is shown; and
(b) is to be treated as performance by the delegator who made the original delegation under section 15.
(5) Sections 58 and 59 of the
Interpretation Act 1984 apply to a subdelegation under this section in the same way as they apply to a delegation.
The functions of the FES Commissioner under this Part are —
(a) to manage the provision of emergency services in relation to natural disasters; and
(b) to provide for the carrying out of search and rescue operations; and
(c) to promote the safety of life and property from natural disasters, accidents and other events that may require search and rescue operations to be carried out; and
(d) to provide for the carrying out of assistance operations; and
(e) to have general responsibility for all SES Units.
(1) The FES Commissioner may do all things necessary or convenient to be done for or in connection with the performance of the FES Commissioner’s functions under this Part.
(2) Without limiting subsection (1), for the purpose of performing the FES Commissioner’s functions under this Part the FES Commissioner may —
(a) provide equipment and training to SES Units; and
(b) carry out the functions of an SES Unit.
(3) Without limiting subsection (1), for the purpose of —
(a) protecting and saving life and property endangered by a natural disaster; or
(b) rendering safe the site of a natural disaster; or
(c) carrying out a search and rescue operation; or
(d) carrying out an assistance operation,
the FES Commissioner may —
(e) enter any land, building, area of water or other place; and
(f) take control of or make use of any land, building, vehicle, vessel or other thing; and
(g) damage or destroy any building, vehicle, vessel or other thing; and
(h) move any vehicle, vessel or other movable thing; and
(i) subject to the regulations, disconnect or shut off any electricity, gas, water or fuel supply, or any drainage facility, or any other service; and
(j) restrict or prohibit the movement of persons and vehicles including, if necessary, by the closure of roads or any area of water.
(4) In exercising a power under subsection (3) the FES Commissioner may use such force as is reasonably necessary.
(1) The FES Commissioner may, by notice in the
Gazette , approve as an SES Unit any group of persons, however constituted and whether incorporated or not, that the FES Commissioner considers to be appropriate for approval as an SES Unit.(2) The FES Commissioner may, by notice in the
Gazette, cancel the approval of an SES Unit if the FES Commissioner considers that it is no longer appropriate for the Unit to be approved.(3) The FES Commissioner must keep a register of SES Units approved under subsection (1) and their members.
An SES Unit must —
(a) maintain a register of its members in accordance with the regulations; and
(b) notify the FES Commissioner as soon as practicable after any change occurs in any of the details required by the regulations to be recorded in that register.
(1) The functions of an SES Unit are —
(a) to take all practicable measures —
(i) for protecting and saving life and property endangered by natural disasters; and
(ii) for rendering safe the site of natural disasters;
and
(b) to carry out search and rescue operations; and
(c) to promote the safety of life and property from natural disasters, accidents and other events that may require search and rescue operations to be carried out; and
(d) to carry out assistance operations.
(2) For the purposes of performing its functions an SES Unit may —
(a) acquire and maintain equipment; and
(b) carry out training activities and exercises; and
(c) carry out demonstrations and other public education activities; and
(d) carry out fundraising and promotional activities; and
(e) organise and participate in competitions; and
(f) carry out any activities that are reasonably incidental to the performance of its functions (such as travelling, providing communications systems and providing meals); and
(g) carry out any other activities that are, or are in a class of activities that is, prescribed.
The functions of the FES Commissioner under this Part are —
(a) to provide for the carrying out of monitoring activities and marine search and rescue operations; and
(b) to promote the safety of life and property from natural disasters, accidents and other events that may require marine search and rescue operations to be carried out; and
(c) to provide for the carrying out of assistance operations; and
(d) to have general responsibility for all VMRS Groups.
(1) The FES Commissioner may do all things necessary or convenient to be done for or in connection with the performance of its functions under this Part.
(2) Without limiting subsection (1), for the purpose of performing the FES Commissioner’s functions under this Part the FES Commissioner may —
(a) provide equipment and training to VMRS Groups; and
(b) carry out the functions of a VMRS Group.
(3) Without limiting subsection (1), for the purpose of carrying out a marine search and rescue operation or an assistance operation the FES Commissioner may —
(a) enter any land, building, area of water or other place; and
(b) take control of or make use of any land, area of water, building, vehicle, vessel or other thing; and
(c) damage or destroy any building, vehicle, vessel or other thing; and
(d) move any vehicle, vessel or other movable thing; and
(e) subject to the regulations, disconnect or shut off any electricity, gas, water or fuel supply, or any drainage facility, or any other service; and
(f) restrict or prohibit the movement of persons, vehicles and vessels, including, if necessary, by the closure of roads or areas of water.
(4) In exercising a power under subsection (3) the FES Commissioner may use such force as is reasonably necessary.
(1) The FES Commissioner may, by notice in the
Gazette , approve as a VMRS Group any group of persons, however constituted and whether incorporated or not, that the FES Commissioner considers to be appropriate for approval as a VMRS Group.(2) The FES Commissioner may, by notice in the
Gazette , cancel the approval of a VMRS Group if the FES Commissioner considers that it is no longer appropriate for the Group to be approved.(3) The FES Commissioner must keep a register of VMRS Groups approved under subsection (1) and their members.
A VMRS Group must —
(a) maintain a register of its members in accordance with the regulations; and
(b) notify the FES Commissioner as soon as practicable after any change occurs in any of the details required by the regulations to be recorded in that register.
(1) The functions of a VMRS Group are —
(a) to carry out monitoring activities and marine search and rescue operations; and
(b) to promote the safety of life and property from natural disasters, accidents and other events that may require marine search and rescue operations to be carried out; and
(c) to carry out assistance operations.
(2) For the purposes of performing its functions a VMRS Group may —
(a) acquire and maintain equipment; and
(b) carry out training activities and exercises; and
(c) carry out demonstrations and other public education activities; and
(d) carry out fundraising and promotional activities; and
(e) organise and participate in competitions; and
(f) carry out any activities that are reasonably incidental to the performance of its functions (such as travelling, providing communications systems and providing meals); and
(g) carry out any other activities that are, or are in a class of activities that is, prescribed.
The functions of the FES Commissioner under this Part are —
(a) to provide for the performance of FES activities; and
(b) to have general responsibility for all FES Units.
(1) The FES Commissioner may do all things necessary or convenient to be done for or in connection with the performance of the FES Commissioner’s functions under this Part.
(2) Without limiting subsection (1), for the purpose of performing the FES Commissioner’s functions under this Part the FES Commissioner may —
(a) perform FES activities; and
(b) authorise a FES Unit to perform FES activities; and
(c) provide equipment and training to FES Units.
(3) Without limiting subsection (1), for the purpose of performing FES activities the FES Commissioner may —
(a) enter any land, building, area of water or other place; and
(b) take control of or make use of any land, area of water, building, vehicle, vessel or other thing; and
(c) damage or destroy any building, vehicle, vessel or other thing; and
(d) move any vehicle, vessel or other movable thing; and
(e) subject to the regulations, disconnect or shut off any electricity, gas, water or fuel supply, or any drainage facility, or any other service; and
(f) restrict or prohibit the movement of persons and vehicles including, if necessary, by the closure of roads or any area of water.
(4) In exercising a power under subsection (3) the FES Commissioner may use such force as is reasonably necessary.
(5) An authorisation under subsection (2)(b) may be made subject to any conditions, qualifications, limitations or exceptions the FES Commissioner considers appropriate.
(1) The FES Commissioner may, by notice in the
Gazette , approve as a FES Unit any group of persons, however constituted and whether incorporated or not, that the FES Commissioner considers to be appropriate for approval as a FES Unit.(2) The FES Commissioner may, by notice in the
Gazette , cancel the approval of a FES Unit if the FES Commissioner considers that it is no longer appropriate for the Unit to be approved.(3) The FES Commissioner must keep a register of FES Units approved under subsection (1) and their members.
A FES Unit must —
(a) maintain a register of its members in accordance with the regulations; and
(b) notify the FES Commissioner as soon as practicable after any change occurs in any of the details required by the regulations to be recorded in that register.
(1) The function of a FES Unit is to perform those FES activities that the FES Commissioner authorises the Unit to perform under section 18L(2)(b).
(2) For the purposes of performing its functions a FES Unit may —
(a) acquire and maintain equipment; and
(b) carry out training activities and exercises; and
(c) carry out demonstrations and other public education activities; and
(d) carry out fundraising and promotional activities; and
(e) organise and participate in competitions; and
(f) carry out any activities that are reasonably incidental to the performance of its functions (such as travelling, providing communications systems and providing meals); and
(g) carry out any other activities that are, or are in a class of activities that is, prescribed.
(1) The FES Commissioner may, by order published in the
Gazette , designate an area of the State as a bush fire prone area if satisfied that the area is subject, or likely to be subject, to bush fires.(2) The FES Commissioner may, by order published in the
Gazette , amend or revoke an order published under subsection (1).
In this Part —
(1) For the purposes of the emergency services Acts, persons are to be employed or engaged in the Department —
(a) as public service officers appointed or made available under the PSMA Part 3; or
(b) as operational staff; or
(c) as wages staff.
(2) Operational staff may be engaged —
(a) as members or officers of a permanent fire brigade as defined in the
Fire Brigades Act 1942 section 4(1); or(b) to perform other functions under the emergency services Acts; or
(c) for the purposes of both paragraphs (a) and (b).
(3) The provisions of the PSMA prevail over the provisions of the emergency services Acts to the extent of any inconsistency in respect of a person who is engaged under subsection (2) and who is a member of the Senior Executive Service as defined in the PSMA section 3(1).
(1) The PSMA Part 3 does not apply to operational staff or wages staff.
(2) The powers to engage, transfer, promote and otherwise manage operational staff and wages staff are vested in the FES Commissioner.
(3) The remuneration of, and other terms and conditions of service of, operational staff and wages staff are not to be less favourable than provided for in —
(a) an applicable award, order or industrial agreement under the
Industrial Relations Act 1979 ; or(b) the
Minimum Conditions of Employment Act 1993 .
(4) Operational staff may be engaged —
(a) on a full‑time or part‑time basis; and
(b) for an indefinite period as permanent officers or for a period not exceeding 5 years.
(5) Nothing in this section affects the operation of the
Industrial Relations Act 1979 Part VID.
(1) The FES Commissioner may, if he or she considers that it is in the interests of the Department to do so, determine that —
(a) a person who is a member of the operational staff is to become an officer of the class mentioned in section 20(1)(a); or
(b) a person who has been the subject of a determination under paragraph (a) is again to become a member of the operational staff.
(2) A determination under subsection (1) is only to be made with the consent of the person concerned.
(3) Regulations may be made in respect of the entitlement of persons who are the subject of a determination under subsection (1) to rights and benefits that had accrued or were accruing at the time when the determination took effect.
In this Part —
(a) the bush fire brigades under the
Bush Fires Act 1954 ; or(b) the volunteer brigades under the
Fire Brigades Act 1942 ; or(c) the SES Units; or
(d) the VMRS Groups; or
(e) the FES Units.
(1) The Minister may establish committees to provide advice or assistance to the Minister or the FES Commissioner or both of them on matters relevant to the operation or administration of the emergency services Acts.
(2) Subsection (1) does not authorise the Minister to establish a body corporate.
(3) An advisory committee is to consist of the people the Minister thinks fit to appoint but, except as stated in section 25(4), at least one member is to be appointed from people nominated by the relevant prescribed association.
(4) In subsection (3) —
(5) An advisory committee is to be established by an instrument signed by the Minister that —
(a) identifies the members of the committee and the length and conditions of each of their appointments; and
(b) sets out the duties and responsibilities of the committee, including whether the committee is established to provide advice or assistance only to the Minister or only to the FES Commissioner or to both of them; and
(c) sets out any other matters in relation to the operation and procedures of the committee the Minister considers appropriate.
(6) The Minister may, by instrument signed by the Minister, amend or cancel an instrument made under subsection (5).
(7) Except to the extent that its procedures are set out in the instrument made under subsection (5), an advisory committee may determine its own procedures.
(8) The members of an advisory committee are entitled to any remuneration and allowances the Minister may from time to time determine on the recommendation of the Public Sector Commissioner.
(1) In this section —
(2) Without limiting section 24(1), the Minister must establish at least one advisory committee under that provision in respect of each kind of brigade, unit or group referred to in a paragraph of subsection (3).
(3) A volunteer advisory committee is to provide advice or assistance to the Minister or the FES Commissioner or both of them on matters relevant to the operation or administration of —
(a) the bush fire brigades under the
Bush Fires Act 1954 ; or(b) the volunteer brigades under the
Fire Brigades Act 1942 ; or(c) the SES Units; or
(d) the VMRS Groups; or
(e) the FES Units,
according to the kind of brigade, unit or group in respect of which the volunteer advisory committee is established.
(4) A volunteer advisory committee is to consist of the people the Minister thinks fit to appoint, but the majority of the members are to be appointed from people nominated by the relevant prescribed association.
(1) Subject to subsection (2), a local government is to cause an annual estimate of its expenditure in relation to fire and emergency services to be —
(a) prepared in the manner and form approved by the Minister; and
(b) submitted for the approval of the FES Commissioner by the time determined by the Minister.
(2) Subsection (1) does not apply to a local government in relation to a particular year if the Minister gives to the local government written notice that an estimate of its expenditure is not required for that year.
(3) The FES Commissioner may give the approval referred to in subsection (1)(b) or may reject the estimate and require the local government to prepare and submit an amended estimate for the approval of the FES Commissioner by the time determined by the Minister.
(4) A local government is to comply with a requirement under subsection (3).
(5) The FES Commissioner is to pay to a local government, by the time, and in accordance with the procedures, determined by the Minister, an amount equal to the expenditure of the local government approved by the FES Commissioner under this section.
Except as otherwise provided in this Part, the levy is payable each year to the FES Commissioner on all land that is located in an ESL category area.
The FES Commissioner is to ensure that, for each levy year, a record is compiled, at the time and in the manner approved by the Minister, of all leviable land.
The regulations may —
(a) provide for kinds of land that are exempt or partially exempt from the levy; and
(b) specify conditions to which an exemption, or partial exemption, from the levy is subject.
(1) An enactment passed before the commencement of this section that purports to exempt a person from liability to pay any rate, tax or imposition that could be taken to include the levy does not exempt the person from liability to pay the levy.
(2) An enactment passed after the commencement of this section that purports to exempt a person from liability to pay —
(a) all rates, taxes or impositions under the laws of Western Australia; or
(b) certain rates, taxes or impositions that could be taken to include the levy,
does not exempt the person from liability to pay the levy.
(3) Subsection (2) does not apply to an enactment that expressly exempts a person from liability to pay the levy.
(1) For the purposes of subsection (2), the regulations may prescribe different emergency services categories for different kinds of services that are provided under the emergency services Acts.
(2) Having regard to the services that are provided under the emergency services Acts in an area of Western Australia, the Minister may, by notice published in the
Gazette —(a) declare that the area is in a prescribed emergency services category; or
(b) declare that the area to which a declaration under paragraph (a) applies is in a different prescribed emergency services category; or
(c) revoke a declaration under this subsection.
(3) A notice under subsection (2) cannot have effect in respect of the levy year in which the notice is published.
(4) Before a notice is published under subsection (2) in relation to an area of Western Australia, the Minister is to consult with each local government whose local government district is, or is proposed to be, located in that area.
(1) Before the relevant day each year, the Minister, by notice published in the
Gazette , is to determine the emergency services levy that is payable for the next levy year on all land that is located in an ESL category area.(2) In subsection (1) —
(a) a day declared by the Minister by notice published in the
Gazette after consultation with persons who the Minister believes effectively represent the interests of local governments; or(b) if no day is declared under paragraph (a), 31 May.
(3) The Minister is to determine the levy that is payable for a levy year on land by reference to —
(a) the estimate of expenditure for the levy year approved by the Minister under section 35B, from which is to be deducted for the purposes of the determination —
(i) the amount of that expenditure identified under section 35B(2)(a); and
(ii) moneys appropriated by Parliament for the levy year for the purposes of the services provided under the emergency services Acts;
and
(b) any other matter the Minister considers relevant to a proper determination of the levy.
(4) Different rates of levy may be determined under subsection (3) according to either or both of the following —
(a) the ESL category area in which the land is located;
(b) the purpose for which the land is used.
(5) In determining the purpose for which any land is used for subsection (4)(b) or section 36I(2)(b), the Minister is to have regard to the advice of the Valuer‑General and to any matters prescribed by the regulations.
(1) Except as otherwise provided in this section and section 36I, the levy payable for a levy year on land is to be determined as a rate in the dollar of the gross rental value of the land in force under the
Valuation of Land Act 1978 as at 1 July in the levy year.(2) If during a levy year the gross rental value of land in force under the
Valuation of Land Act 1978 as at 1 July in that year is amended as at that date as a result of —(a) an interim valuation made under that Act; or
(b) a valuation coming into force under that Act as a result of the amendment of a valuation under that Act; or
(c) a new valuation made under that Act in the course of completing a general valuation that has previously come into force,
the gross rental value, as so amended and in force as at 1 July, is the gross rental value of the land for the purposes of subsection (1).
(3) If, after the required consultation, the Minister considers that it is impracticable or otherwise inappropriate for the levy to be determined as a rate in the dollar of the gross rental value of any land, the Minister may determine the levy —
(a) as a rate in the dollar of the gross rental value of a portion of the land; or
(b) on any other basis that, after the required consultation, the Minister considers appropriate.
(4) In subsection (3) —
(1) Despite any other provision of this Part, the Minister may determine —
(a) the minimum amount of levy payable on land; and
(b) the maximum amount of levy payable on land.
(2) Different amounts may be determined under subsection (1) according to either or both of the following —
(a) the ESL category area in which the land is located;
(b) the purpose for which the land is used.
(1) Subject to sections 36L and 36N, a local government is to —
(a) assess the amount of levy payable for a levy year by each person who owns leviable land in its local government district; and
(b) serve written notice of the assessment on the person.
(2) The assessment notice is to —
(a) state the date the notice was issued and, if section 36G(4)(b) or 36I(2)(b) applies to the determination of the levy payable on the land, the purpose for which the land is used as determined under section 36G(5); and
(b) include or be accompanied by any matters prescribed by the regulations.
(3) If leviable land is owned by 2 or more persons, service of the assessment notice on one of those persons is taken to be service of the notice on each of them.
(4) The assessment notice is to be given by a local government —
(a) as part of the rate notice given under section 6.41 of the
Local Government Act 1995 ; or(b) if no rate notice is to be given — as a separate notice.
(5) Without limiting sections 75 and 76 of the
Interpretation Act 1984 , an assessment notice is taken to have been served on the owner of land if it is posted to the address shown for the owner, at the time of posting, in the rate record kept by the local government under section 6.39 of theLocal Government Act 1995 .
The FES Commissioner is to ensure that a local government is given any information relating to the levy and leviable land that the local government reasonably needs to perform its functions under section 36J.
(1) The FES Commissioner —
(a) except as provided in the regulations, is to assess the amount of levy payable for a levy year on land owned by the State, a State agency or instrumentality or a local government; and
(b) may assess the amount of levy payable for a levy year on land owned by any other person.
(2) The FES Commissioner is to serve written notice of the assessment on —
(a) in the case of levy payable by the State — the Treasurer; or
(b) in the case of levy payable by a State agency or instrumentality — the Treasurer or the agency or instrumentality, as the FES Commissioner considers appropriate; or
(c) in the case of levy payable by a local government or another person — the local government or other person.
(3) Subsections (2), (3) and (5) of section 36J apply to an assessment notice under this section in the same way as they apply to an assessment notice under that section.
(1) The levy becomes due and payable on the date determined by the Minister and stated in the assessment notice subject to —
(a) subsection (2); and
(b) any concession granted under section 36R(1)(b); and
(c) any agreement made under section 36R(2); and
(d) the
Rates and Charges (Rebates and Deferments) Act 1992 .
(2) The date determined under subsection (1) must not be earlier than 35 days after the date stated in the assessment notice as the date the assessment notice was issued.
Despite any other provision of this Part, the FES Commissioner may give notice of the assessment of, and may accept payment of, the levy payable on any land owned by the State, or a State agency or instrumentality, in accordance with arrangements agreed between the Treasurer and the FES Commissioner.
Subject to the
(1) A person who is the owner of leviable land is liable to pay the levy for a levy year.
(2) The levy is payable —
(a) if an assessment notice is served on the person by a local government under section 36J(1) — to the local government; or
(b) if an assessment notice is served on the person by the FES Commissioner under section 36L(2) — to the FES Commissioner.
(3) If leviable land is owned by 2 or more persons, they are jointly and severally liable to pay the levy.
(1) Subject to subsection (2), the levy is payable by a single payment.
(2) The Minister may approve —
(a) arrangements for the levy to be paid by instalments; and
(b) the charges applicable to payment of the levy by instalments.
(1) Without limiting the
Rates and Charges (Rebates and Deferments) Act 1992 , the Minister may —(a) when determining the levy, grant a discount or other incentive for the early payment of the levy; or
(b) when determining the levy or at a later date, waive the levy or grant other concessions in relation to the levy.
(2) A local government may accept payment of the levy that is due and payable by a person in accordance with an agreement made between the local government and the person.
(1) Subject to subsection (5), interest accrues on the levy, or an instalment of the levy, that is not paid to a local government or the FES Commissioner, as the case requires, from the time it becomes due and payable.
(2) For the purposes of this section, the Minister may, by notice published in the
Gazette —(a) declare a rate of interest that applies to any unpaid levy, or to any unpaid levy on land in one or more local government districts, as specified in the notice; or
(b) change or revoke a rate of interest declared under paragraph (a).
(3) Different rates of interest may be declared under subsection (2) in relation to different local government districts.
(4) For the purpose of its recovery, levy interest is taken to be an amount of levy that is due and payable.
(5) No interest is to accrue on the levy, or an instalment of the levy, payable by —
(a) a person entitled under the
Rates and Charges (Rebates and Deferments) Act 1992 to a rebate or deferment in respect of the levy; or(b) a person of a kind prescribed by the regulations.
(1) The levy payable for a levy year on land —
(a) is apportionable between successive owners of the land in respect of time as if the levy accrued from day to day during the levy year; and
(b) is apportionable between owners of several portions of the land according to the respective values of the portions.
(2) If any part of the levy payable on any land has been paid by a person other than the owner of the land, whether during or after the levy year, the owner is liable, if there is no agreement between them to the contrary, to reimburse that person the amount paid.
(3) This section does not affect the liability of a person to pay the levy to a local government or to the FES Commissioner.
(4) An unsatisfied judgment or order of a court for the recovery of the levy from a person is not a bar to the recovery of the levy from another person liable under this Part to pay it.
Any levy or levy interest paid to the FES Commissioner under this Part is to be credited to an operating account of the Department.
(1) A local government may credit to its municipal fund or trust fund amounts of levy and levy interest paid to the local government.
(2) Despite section 6.9(3) of the
Local Government Act 1995 , a local government may retain interest earned from investing amounts of levy and levy interest credited to its trust fund.
A local government is to pay to the FES Commissioner at the times, and in accordance with the procedures, determined by the Minister after consultation with the local government —
(a) the amounts of levy and levy interest paid to the local government; and
(b) the amount of levy payable by the local government on any leviable land it owns.
(1) The Minister is to determine —
(a) the fees to be paid by the FES Commissioner to a local government for the local government’s performance of functions under this Part in relation to the assessment, collection and recovery of the levy and levy interest; and
(b) times and procedures for the payment of those fees.
(2) In making a determination under subsection (1), the Minister may —
(a) have regard to the costs reasonably incurred by the local government in making any administrative or other preparations necessary to perform the functions referred to in subsection (1)(a); and
(b) consult with persons who the Minister believes effectively represent the interests of local governments.
(1) Interest accrues on an amount of levy or levy interest that is received by a local government and not paid to the FES Commissioner from the time it becomes due and payable as determined under section 36V.
(2) For the purposes of this section, the Minister may, by notice published in the
Gazette —(a) declare a rate of interest that applies to any unpaid amount of levy or levy interest; or
(b) change or revoke a rate of interest declared under paragraph (a).
(3) An unpaid amount of levy or levy interest, and interest payable on that amount, may be recovered by the FES Commissioner from a local government in a court of competent jurisdiction as a debt due to the State.
(1) The Minister may, for the assistance of the FES Commissioner and local governments, issue guidelines, not inconsistent with this Part, setting out the times and procedures that are determined by the Minister for the purposes of this Part.
(2) The Minister may amend the guidelines or revoke them and issue new guidelines.
(3) Before the Minister issues or amends guidelines that apply to functions performed by local governments, the Minister is to consult with persons who the Minister believes effectively represent the interests of local governments.
(4) The Minister is to ensure that guidelines issued or amended under this section are given to the FES Commissioner and to each local government that performs functions to which the guidelines apply.
(1) Subject to the
Rates and Charges (Rebates and Deferments) Act 1992 , the levy that is payable for a levy year on land is recoverable by the local government for the district in which the land is located or by the FES Commissioner from —(a) the owner of the land on the date the assessment notice was served; or
(b) a person who becomes the owner of the land while the levy is unpaid.
(2) If the levy remains unpaid after it becomes due and payable, the local government or the FES Commissioner may recover it and any levy interest, as well as any costs of proceedings for that recovery, in a court of competent jurisdiction as a debt due to the local government or the State, as the case requires.
(3) This section applies —
(a) to a local government, if the assessment notice was served by the local government; and
(b) to the FES Commissioner, whether the assessment notice was served by the FES Commissioner or by a local government.
A jurisdiction otherwise competent to entertain proceedings to recover the levy, or consequent on the recovery of the levy, or to review a decision relating to the payment of the levy is not affected on the ground that a question of title to land is raised in the proceedings or review, but an order or judgment in the proceedings or review is not evidence of title.
In this Division —
(1) If an amount of levy that is due and payable on any land has been unpaid for 3 years or more, the FES Commissioner may apply to the Supreme Court for an order for the sale of the land, or part of the land, so that the proceeds of sale may be applied towards satisfaction of the outstanding amount of levy.
(2) At least 6 months before the FES Commissioner makes an application to the Supreme Court under this section, the FES Commissioner is to —
(a) have notice of the intended application published in 2 newspapers —
(i) one circulating generally throughout the State; and
(ii) one circulating generally throughout Australia;
and
(b) if the whereabouts of the owner of the land is known to the FES Commissioner — give written notice of the intended application to that person; and
(c) give written notice of the intended application to the holder of any registered encumbrance over the land whose whereabouts is known to the FES Commissioner.
(3) On an application under this section, the Supreme Court may order the sale of the land and make incidental orders —
(a) about how the sale is to be conducted; and
(b) authorising an officer of the Court to execute documents, and to do anything else necessary, for the sale and transfer or conveyance of the land; and
(c) authorising the Registrar of Titles to do anything necessary to register the purchaser’s title despite any document not being produced; and
(d) directing, subject to subsection (4), how the proceeds of sale are to be dealt with; and
(e) dealing with the costs of the proceedings and other matters.
(4) A sale by order of the Supreme Court discharges the land from any mortgage or other encumbrance securing a monetary obligation, but the land remains subject to any lease, easement or other encumbrance.
(5) The proceeds of sale are to be applied —
(a) firstly, in payment of the costs of the sale; and
(b) secondly, in payment of the costs of the proceedings so far as those costs are, by order of the Court, to be paid out of the proceeds of sale; and
(c) thirdly, in payment of the outstanding amount of levy; and
(d) fourthly, in discharging any outstanding monetary liability secured, immediately before the sale, by a mortgage or encumbrance referred to in subsection (4),
and any remaining balance is to be applied as directed by the Court.
If the levy that is due and payable on any land is unpaid, the Minister has an interest in the land in respect of which the FES Commissioner may lodge a caveat to preclude dealings in relation to the land, and the FES Commissioner may withdraw a caveat so lodged.
(1) If section 36G(4)(b) or 36I(2)(b) applies to the determination of the levy payable on any land, the owner of the land may object to the determination under section 36G(5) of the purpose for which the land is used.
(2) An objection is to be made to the Minister and is to —
(a) be in writing; and
(b) identify the leviable land; and
(c) set out fully and in detail the grounds of the objection, including particulars of the purpose for which, in the opinion of the person making the objection, the land is used; and
(d) be served on the Minister within 60 days after the date the assessment notice was served.
(3) The Minister may, on an application by a person proposing to make an objection, and whether or not the time for doing so has expired, extend the time for making the objection for any period the Minister thinks fit.
(4) The Minister is to consider an objection and may determine either to disallow it or allow it.
(5) After making a determination on the objection, the Minister is to give the person who made the objection written notice of the Minister’s determination and a statement of the reasons for that determination.
A person who is dissatisfied with the determination of the Minister on an objection by the person under section 36ZE may apply to the State Administrative Tribunal for a review of the determination under section 36G(5) of the purpose for which the land is used.
(1) Pending determination of the objection, the liability to pay the levy on any land is not affected by —
(a) an objection to the valuation of the land under the
Valuation of Land Act 1978 ; or(b) an objection under this Division.
(2) If an objection referred to in subsection (1) or a review by the State Administrative Tribunal results in an amendment of the valuation of the land or a determination of the purpose for which the land is used that is different from the determination of that purpose that was the subject of the objection or review, the Minister —
(a) is to make any necessary adjustment of the levy payable on the land; and
(b) is to give written notice of the adjusted levy to the person by whom it is payable.
(3) If the levy is adjusted —
(a) an amount by which, because of its adjustment, the levy was overpaid is to be refunded; and
(b) an amount by which, because of its adjustment, the levy was underpaid is recoverable under section 36Z, but no action to recover that amount is to be taken until at least 30 days after the notice referred to in subsection (2) is given to the person by whom the amount is payable; and
(c) interest accrues on an amount to be refunded under paragraph (a), or recoverable in accordance with paragraph (b), as prescribed by the regulations.
In this Division —
(1) The FES Commissioner may, with the approval of the Minister, enter into a written agreement on behalf of the State with a local government that provides for the local government to pay to the FES Commissioner an amount equal to the total amount of levy payable for a levy year on all leviable land in the local government’s district.
(2) An ESL agreement may provide for the amount that is to be paid to the FES Commissioner under the agreement to be paid by instalments.
(3) If an amount (including an instalment) remains unpaid after it becomes due and payable under an ESL agreement, the FES Commissioner may recover the amount, and interest on the amount at the rate prescribed by the regulations, as well as any costs of proceedings for that recovery, in a court of competent jurisdiction as a debt due to the State.
If a local government enters into an ESL agreement this Part is to be read, for the purposes of the levy payable on leviable land in the local government’s district for the levy year to which the agreement applies, as if the provisions mentioned in column 1 of Schedule 1A were amended or repealed as set out in column 2 of that Schedule.
(1) Subject to subsection (2), the fees and charges prescribed by the regulations are payable to the FES Commissioner for the provision of services under the emergency services Acts that consist of —
(a) services provided in respect of land that, under regulations referred to in section 36D, is exempt or partially exempt from the levy; or
(b) services provided in respect of a vessel in a port; or
(c) services provided in respect of confining or ending a hazardous material incident and rendering the site of the incident safe; or
(d) an attendance in response to a false alarm by —
(i) a permanent fire brigade, or a volunteer fire brigade, within the meaning of the
Fire Brigades Act 1942 ; or(ii) a bush fire brigade within the meaning of the
Bush Fires Act 1954 .
(2) A fee or charge for a service referred to in subsection (1) provided in respect of land is payable —
(a) by the owner or occupier of the land; but
(b) only if the FES Commissioner serves the owner or occupier with written notice of the fee or charge within 21 days after the service is provided.
(3) In subsection (2) —
(4) A fee or charge for a service referred to in subsection (1) provided otherwise than in respect of land is payable as prescribed by the regulations.
(5) A notice under subsection (2) is to —
(a) state the date on which the service was provided; and
(b) give details of the service provided; and
(c) specify when payment of the fee or charge for the service is due and payable.
(6) A fee or charge payable under this section, notice of which has been given under subsection (2) if that subsection applies, may be recovered by the FES Commissioner in a court of competent jurisdiction as a debt due to the State.
In this Part —
(a) the estimate of the average weekly total earnings of full‑time adult employees in Western Australia most recently published by the Australian Bureau of Statistics before the date of injury; or
(b) if the Australian Bureau of Statistics ceases to publish the estimate of the amount referred to in paragraph (a), the amount fixed by, or determined in accordance with, the regulations;
(a) a bush fire control officer appointed under the
Bush Fires Act 1954 section 38; or(b) a registered member of a bush fire brigade established under the
Bush Fires Act 1954 section 41;
(a) a BFA volunteer; or
(b) a registered member of a FES Unit; or
(c) an officer or member of a volunteer fire brigade as defined in the
Fire Brigades Act 1942 section 4(1) whose election or appointment has been approved by the FES Commissioner under section 30 of that Act; or(d) a registered member of an SES Unit; or
(e) a registered member of a VMRS Group;
(a) in relation to a BFA volunteer, the local government which —
(i) appoints the volunteer to be a bush fire control officer; or
(ii) maintains the bush fire brigade of which the volunteer is a registered member,
as the case may be; and
(b) in relation to any other registered volunteer, the FES Commissioner; and
(c) in relation to an unregistered volunteer —
(i) if the unregistered volunteer engages in volunteer activities under the direction of a BFA volunteer, the local government which is the responsible agency for that BFA volunteer; and
(ii) in any other case, the FES Commissioner;
(a) in relation to a BFA volunteer or an unregistered volunteer working under the direction of a BFA volunteer, normal brigade activities as defined in the
Bush Fires Act 1954 section 35A; and(b) in relation to any other registered volunteer or an unregistered volunteer working under the direction of such a volunteer, activities carried out by the volunteer unit of which the registered volunteer is an officer or member for the purposes for which that unit was formed; and
(c) in relation to an unregistered volunteer working under the direction of a member of operational staff, FES activities engaged in at the direction of that member;
(a) a bush fire brigade established under the
Bush Fires Act 1954 section 41; or(b) a FES Unit; or
(c) a volunteer fire brigade within the meaning given in the
Fire Brigades Act 1942 section 4(1); or(d) an SES Unit; or
(e) a VMRS Group;
(1) In this section —
(a) firefighting employment; or
(b) volunteer service;
(a) hazardous firefighting employment; or
(b) volunteer service during which the volunteer attends hazardous fires at a rate at least equivalent to the rate of 5 hazardous fires per year;
(2) An injury by a firefighter disease suffered by a volunteer is, for the purposes of this Part, taken to be caused to the volunteer while engaged in volunteer activities if all of the requirements for the application of this section to the injury as specified in subsection (3) are satisfied, unless the responsible agency proves that the injury was not caused to the volunteer while engaged in volunteer activities.
(3) The requirements for the application of this section to an injury by a firefighter disease suffered by a volunteer are as follows —
(a) when the injury is suffered the volunteer (whether or not still in firefighting service) has been in firefighting service for at least a period of, or periods in aggregate amounting to, the qualifying period for the disease;
(b) the responsible agency is satisfied that when the injury is suffered the volunteer has been in hazardous firefighting service for at least a period of, or periods in aggregate amounting to, the lesser of the following —
(i) 5 years;
(ii) the qualifying period for the disease;
(c) in the case of a cancer prescribed by regulations under the WCIM Act to be a firefighter disease, the conditions, if any, prescribed by the regulations for the cancer are satisfied.
(4) An injury by a firefighter disease is taken to have been suffered on whichever is the earlier of the following (the
date of injury ) —(a) the day on which the injured person becomes totally or partially incapacitated for work by reason of the firefighter disease;
(b) the day on which the injured person is first diagnosed by a medical practitioner as having contracted the firefighter disease.
For the purpose of applying a provision of the WC&IM Act under this Part —
(a) a reference in the WCIM Act to a worker is to be read as a reference to a volunteer; and
(b) a reference in the WCIM Act to a worker’s employer is to be read as a reference to a volunteer’s responsible agency; and
(c) a reference in the WCIM Act to a worker’s employment is to be read as a reference to a volunteer’s service as a volunteer.
For the purpose of this Part, appropriate changes to the WCIM Act are —
(a) any changes to that Act that are prescribed by the regulations for the purposes of this Part; and
(b) any other changes to that Act that are necessary or convenient to give effect to this Part.
(1) In this section reference to loss or damage does not include loss or damage that is caused by or results from reasonable wear or tear, mechanical or electrical breakdown, failure or breakage.
(2) A responsible agency must effect and keep current insurance providing compensation for injury caused to present and former volunteers for which it is the responsible agency while engaged in volunteer activities, other than injury which is compensable under the WCIM Act, where the date of injury is on or after the Part 6B commencement day.
(3) A responsible agency must effect and keep current insurance providing compensation for loss of or damage to vehicles, appliances, equipment and apparatus of volunteer units which it establishes, maintains or authorises, where the loss or damage is caused on or after the Part 6B commencement day.
(4) A responsible agency must effect and keep current insurance providing compensation for loss or damage caused to privately owned vehicles, appliances, equipment, apparatus and items of personal property in consequence of being used for or in connection with volunteer activities engaged in by a volunteer for which it is the responsible agency, where the loss or damage is caused on or after the Part 6B commencement day.
(1) Subject to subsection (4), the compensation for an injury to a volunteer to be provided by an injury policy is to be of the amount and for the purposes that would apply under the WCIM Act if the volunteer were a worker and suffered that injury and the WCIM Act (with the appropriate changes) applies accordingly.
(2) Where, under the WCIM Act, an amount of compensation to be provided by an injury policy depends on weekly earnings, references to weekly earnings are taken to be references to the greater of —
(a) the benchmark weekly earnings; or
(b) either —
(i) if the volunteer is a self‑employed or unemployed person, the actual weekly earnings received by the volunteer; or
(ii) in any other case, the volunteer’s pre‑injury weekly rate of income calculated in accordance with the WCIM Act section 54.
(4) The regulations may limit, with respect either to an individual volunteer or to volunteers generally, the amount of compensation for which a responsible agency is required by section 36ZQ(2) to insure.
(5) The regulations may limit, with respect either to a single claim or to claims generally, the amount of compensation for which a responsible agency is required by section 36ZQ(3) or (4) to insure.
(6) A responsible agency may effect insurance which provides a greater amount of compensation than is required under this section.
(1) The terms of an injury policy must provide —
(a) that claims under the policy are subject to the same time limitation periods as would apply under the WCIM Act if the injured volunteer were a worker and had suffered an injury compensable under the WCIM Act; and
(b) that a volunteer insured or proposed to be insured under the policy may be required to provide medical certificates or to submit to medical examinations, occupational or vocational assessments and the like for the purposes of the policy.
(2) The regulations may —
(a) limit, modify or exclude any requirement in this Division to obtain or keep current insurance in respect of liabilities arising in prescribed circumstances or out of prescribed events; and
(b) otherwise limit, modify or exclude the requirement in this Division to obtain or keep current insurance.
(3) Subject to subsection (1), the regulations may prescribe any or all of the terms and conditions of insurance required by this Division.
(4) Subject to subsection (1), the regulations may prescribe the form of a policy providing insurance required by this Division.
(1) This section applies if —
(a) a volunteer contracts a firefighter disease; and
(b) the firefighter disease is taken to be an injury caused while engaged in volunteer activities; and
(c) the date of injury is on or after 13 November 2013 but before the Part 6B commencement day.
(2) If this section applies, the volunteer is entitled to an amount of compensation equal to the amount that would be payable under an injury policy if the date of injury were on or after the Part 6B commencement day.
(1) In this section —
(a) death; or
(b) total loss of sight of both eyes; or
(c) total loss of sight of an only eye; or
(d) permanent and incurable loss of mental capacity resulting in total inability to work; or
(e) total and incurable paralysis of the limbs or of mental powers; or
(f) loss of both hands; or
(g) loss of a hand and foot; or
(h) loss of both feet; or
(i) severe facial scarring or disfigurement (including scarring or disfigurement as a result of burns); or
(j) severe bodily, other than facial, scarring or disfigurement (including scarring or disfigurement as a result of burns).
(2) A volunteer who has suffered a specified injury while engaged in volunteer activities on or after the Part 6B commencement day is entitled to a further amount, in addition to any amount payable under an injury policy, so that the total amount received by or in respect of that volunteer in relation to that injury is equal to the general maximum amount as at the date on which the injury was caused multiplied by 2.36.
A responsible agency is to pay compensation to which a volunteer is entitled under this Division out of moneys appropriated by Parliament for that purpose.
(1) Subject to subsection (2), an amount payable under an injury policy or under section 36ZT or 36ZU is payable to the person or persons who would be entitled under the WCIM Act to receive it if the injured volunteer were a worker and had suffered an injury compensable under the WCIM Act, and that Act (with the appropriate modifications) applies accordingly.
(2) A spouse or de facto partner of the injured volunteer is to be taken for the purposes of this section to be wholly dependent on the injured volunteer’s earnings.
(3) If an amount payable under an injury policy or under section 36ZT or 36ZU is payable to more than one person it is to be apportioned between those persons as the regulations provide.
(1) In this section —
(2) The WCIM Act Part 6 applies (with the appropriate modifications) in relation to a firefighter disease dispute as if the firefighter disease dispute were a dispute, as defined in the WCIM Act section 303.
(3) Despite the WCIM Act section 355, for the purposes of an action for damages brought independently of this Act, a decision of an arbitrator in relation to a firefighter disease dispute is not final or binding on the parties to the dispute.
(1) Subject to subsection (2), a person does not incur civil liability for anything that the person has done, in good faith, in the performance or purported performance of a function under the emergency services Acts.
(1a) Without limiting subsection (1) a person is taken to be performing a function under an emergency services Act if the person is —
(a) a member or officer of a private fire brigade or a volunteer fire brigade who is taking part in an activity carried out by the brigade for the purposes for which it was formed; or
(b) a volunteer fire fighter who is carrying out normal brigade activities (within the meaning of the
Bush Fires Act 1954 ); or(c) taking part in the performance by an SES Unit of its functions under Part 3A and is either —
(i) a member of the SES Unit; or
(ii) acting under the direction of a member of the SES Unit or a member of staff;
or
(d) taking part in the performance by a VMRS Group of its functions under Part 3B and is either —
(i) a member of the VMRS Group; or
(ii) acting under the direction of a member of the VMRS Group or a member of staff;
or
(e) taking part in the performance by a FES Unit of its functions under Part 3 and is either —
(i) a member of the FES Unit; or
(ii) acting under the direction of a member of the FES Unit or a member of staff.
(2) Subsection (1) does not affect any right to recover damages in respect of the death of or bodily injury to any person directly caused by, or by the driving of, a motor vehicle if, at the time of the death or bodily injury —
(a) the vehicle was owned or was being driven by a person who, but for subsection (1), would incur liability in respect of the death or injury; and
(b) there was in force in respect of the vehicle a contract of insurance in accordance with section 4 of the
Motor Vehicle (Third Party Insurance) Act 1943 or the corresponding legislation of a State or Territory prescribed for the purposes of section 3(4) of that Act.
(3) The Crown, a local government and any other person are also relieved of any civil liability that any of them might otherwise have had for another person having done anything as described in subsection (1).
(4) The protection given by this section applies even though the thing done in the performance or purported performance of a function under the emergency services Acts may have been capable of being done whether or not those Acts had been enacted.
(5) Any damage, loss or injury to property that results from anything done, in good faith, in the performance or purported performance of a function under the emergency services Acts is taken to be damage by fire within the meaning of any policy of insurance covering that property against damage by fire, despite any clause or condition to the contrary contained in the policy.
(6) In this section —
(a) a reference to the doing of anything includes a reference to the omission to do anything; and
(b) motor vehicle has the meaning given in section 3(1) of theMotor Vehicle (Third Party Insurance) Act 1943 .
(1) Any amounts credited to an operating account of the Department under section 8(3), 9(2) or 36UA, or otherwise as the result of the operation or administration of the emergency services Acts, may be applied only for the purposes of those Acts.
(2) Without limiting subsection (1), amounts credited to an operating account of the Department as described in that subsection may from time to time be applied for the purposes of the emergency services Acts to purchase, construct, renew, maintain or replace —
(a) land, buildings, vehicles, vessels, plant or equipment; or
(b) any other property approved by the Minister.
(3) The
Financial Management Act 2006 section 20(1) does not apply in relation to amounts credited to an operating account of the Department as described in subsection (1).
(1) A person must not obstruct or hinder a relevant officer in the performance of the officer’s functions under Part 3A, 3B or 3.
Penalty: $5 000.
(2) A person must not wilfully damage or interfere with —
(a) the property of an SES Unit, a VMRS Group or a FES Unit; or
(b) any property of the Minister used for the performance of the FES Commissioner’s functions under Part 3A, 3B or 3.
Penalty: $5 000.
(3) In this section —
(a) a member of staff; or
(b) a member of an SES Unit, a VMRS Group or a FES Unit,
who is performing a function under Part 3A, 3B or 3.
(1) Unless authorised under an emergency services Act or in writing by the FES Commissioner, a person must not use —
(a) the name of the Department or an operational name (within the meaning of section 13); or
(b) any abbreviation of any of those names; or
(c) a prescribed symbol; or
(d) any symbol that so closely resembles a prescribed symbol that it is capable of being mistaken for it.
Penalty: $5 000.
(2) Unless authorised under an emergency services Act or in writing by the FES Commissioner, a person must not —
(a) use any name, title, description or symbol that expresses or implies an association with the Department; or
(b) otherwise represent that the person is associated with the Department.
Penalty: $5 000.
(3) In this section —
A person must not falsely represent, by words or conduct, that he or she is —
(a) a member of staff; or
(b) a member or officer of a private fire brigade or volunteer fire brigade, as those terms are defined in the
Fire Brigades Act 1942 ; or(c) a volunteer fire fighter, within the meaning of the
Bush Fires Act 1954 ; or(d) a member of an SES Unit, a VMRS Group or a FES Unit.
Penalty: $5 000.
(1) This section applies to a person who is or has been —
(a) a member of staff; or
(b) a member of an advisory committee established under section 24(1).
(2) A person to whom this section applies must not, directly or indirectly, record, disclose, or make use of any information obtained in the course of duty except —
(a) for the purpose of performing functions under the emergency services Acts; or
(b) as required or allowed by this Act or under another written law; or
(c) with the written consent of the person to whom the information relates; or
(d) in prescribed circumstances.
Penalty: $10 000 or imprisonment for 12 months.
The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.
(1) The Minister is to carry out a review of the operation and effectiveness of the emergency services Acts as soon as practicable after the expiry of 5 years from the commencement of the
Fire and Emergency Services Legislation Amendment Act 2012 section 37.(2) In the course of that review the Minister is to consider and have regard to —
(a) whether there is a need for the emergency services Acts to continue; and
[(b) deleted] (c) any other matters that appear to the Minister to be relevant to the operation and effectiveness of the emergency services Acts.
(3) The Minister is to prepare a report based on the review and, as soon as practicable after the report is prepared, is to cause it to be laid before each House of Parliament.
In this Part —
(a) the Minister, in relation to the Authority and a function of the Authority that, at the transfer time, becomes a function of the Minister; and
(b) the FES Commissioner, in relation to the Authority and a function of the Authority that, at the transfer time, becomes a function of the FES Commissioner; and
(c) the State, in relation to assets and liabilities transferred to the State by section 45; and
(d) the FES Ministerial Body, in relation to assets and liabilities transferred to the FES Ministerial Body by section 45;
At the transfer time the Authority is abolished and the members of the board of management go out of office.
(1) To facilitate the statutory transition, the Minister may make and publish in the
Gazette an order that —(a) specifies any assets and liabilities of the Authority that are to be assigned to the FES Ministerial Body by the operation of section 45; and
(b) specifies proceedings in which the FES Ministerial Body is to be substituted for the Authority as a party by the operation of section 45; and
(c) specifies any agreement or instrument that, by the operation of section 45, is to have effect as if references to the State or the FES Ministerial Body were substituted, in accordance with the order, for references in the agreement or instrument to the Authority.
(2) A transfer order may also deal with incidental or supplementary matters and has effect accordingly.
(3) The transfer order may specify things by reference to schedules that —
(a) need not be published in the
Gazette ; but(b) must be available for public inspection,
and anything specified in a schedule is to be taken to be specified in the order.
(4) A thing may be specified in a transfer order by describing the class to which it belongs.
(5) Before a transfer order is made specifying anything by reference to a schedule, a copy of which will be required to be delivered to a relevant official under section 49(3), the Minister is to consult with the, or each, relevant official as to the form and content of the schedule.
(6) To the extent to which a schedule to a transfer order relates to the functions of the Registrar of Titles, the schedule is to be in a form that meets the requirements of the Registrar.
(7) A thing done by, under or for the purposes of this Part is not invalid merely because subsection (5) or (6) was not complied with.
(8) A transfer order can only be made before the transfer time.
(9) The fact that a previous transfer order has been made does not prevent a further transfer order from being made.
(10) A transfer order, or a schedule to which it refers, may be amended by the Minister, by further order published in the
Gazette , but no such amendment may be made after the transfer time.
(1) If a transfer order is made, then —
(a) at the transfer time —
(i) the assets of the Authority specified in the transfer order are, by the operation of this section, assigned to the FES Ministerial Body; and
(ii) the rest of the assets of the Authority are, by the operation of this section, assigned to the State;
and
(b) at the transfer time —
(i) the liabilities of the Authority specified in the transfer order are, by the operation of this section, assigned to and become the liabilities of the FES Ministerial Body; and
(ii) the rest of the liabilities of the Authority are, by the operation of this section, assigned to and become the liabilities of the State;
and
(c) at the transfer time, the FES Ministerial Body is substituted for the Authority as a party to any proceedings specified in the transfer order, and the State is substituted for the Authority as a party to all other proceedings in which the Authority was a party immediately before the transfer time; and
(d) any agreement or instrument specified in the order has effect, by the operation of this section, as if references to the State or the FES Ministerial Body were, at the transfer time, substituted, in accordance with the order, for references in it to the Authority; and
(e) any proceedings or remedy that might have been commenced by, or available against or to, the Authority in relation to the assets and liabilities assigned by paragraphs (a) and (b) may be commenced by, or are available against or to —
(i) the FES Ministerial Body, in the case of assets and liabilities assigned by paragraphs (a)(i) and (b)(i); and
(ii) the State, in the case of assets and liabilities assigned by paragraphs (a)(ii) and (b)(ii);
and
(f) anything done or omitted to be done in relation to the assets and liabilities assigned by paragraphs (a) and (b) before the assignment, by, to or in respect of the Authority (to the extent that that thing has any effect) is to be taken to have been done or omitted by, to or in respect of —
(i) the FES Ministerial Body, in the case of assets and liabilities assigned by paragraphs (a)(i) and (b)(i); and
(ii) the State, in the case of assets and liabilities assigned by paragraphs (a)(ii) and (b)(ii).
(2) As soon as is practicable after the transfer time, all records and data of the Authority are to be delivered to the FES Commissioner.
(1) In this section —
(2) At the transfer time, any moneys standing to the credit of the former account are to be credited to an operating account of the Department, and the former account is then to be closed.
(3) Moneys referred to in subsection (2) may be applied —
(a) in the payment of any liabilities of the former account arising before the transfer time; and
(b) for the purposes of the emergency services Acts.
(4) The operating account referred to in subsection (2) is to be credited with any money payable to the former account before the transfer time that is paid after that time.
(5) If in an agreement, instrument or other document there is a reference to the former account, that reference is, unless the context otherwise requires, to be read or to have effect from the transfer time as if it were a reference to the operating account referred to in subsection (2).
At the transfer time, any moneys in a reserve fund established under section 35A of the former Act are to be credited to an operating account of the Department.
(1) If an asset or liability of the Authority cannot be properly assigned to the State or the FES Ministerial Body by the operation of this Division (whether because the matter is governed otherwise than by the law of the State or for any other reason) —
(a) the Authority is to be taken to continue to hold that asset or be liable for that liability until it is effectively assigned to the State or the FES Ministerial Body in accordance with this Division; and
(b) the Authority is to take all practicable steps for the purpose of ensuring that the asset or liability is effectively assigned to the State or the FES Ministerial Body in accordance with this Division.
(2) The fact that subsection (1)(a) applies to an asset or liability that is to be assigned to the State or the FES Ministerial Body under this Division does not affect the duty of the accountable authority of the Department under the
Financial Management Act 2006 .(3) Despite section 43, the Authority continues in existence for the purpose of performing the functions described in subsection (1).
(4) The Authority is to perform those functions through a person appointed by the Minister.
(5) The person holds office at the pleasure of the Minister and on such terms and conditions as the Minister determines.
(6) The Authority as continued by this section has the powers that are necessary or convenient for the purposes of this section.
(1) In this section —
(a) the Registrar of Titles; or
(b) the Registrar of Deeds and Transfers; or
(c) any other person authorised by a written law to record and give effect to the registration of documents relating to property transactions,
according to which, if any, of them has responsibility for a register relating to the relevant property;
(2) The relevant officials are to take notice of this Part and any transfer order, including a schedule to which the order refers, and are to record and register in the appropriate manner the documents necessary to show the effect of this Part and the transfer order.
(3) The Minister is to cause a copy of each transfer order and any schedule to which it refers to be delivered to each relevant official.
(1) In this section —
(2) State tax is not payable in relation to —
(a) anything that occurs by the operation of this Part; or
(b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.
(3) The Minister may certify in writing that —
(a) a specified thing occurred by the operation of this Part; or
(b) a specified thing was done under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.
(4) For all purposes and in all proceedings, a certificate under subsection (3) is sufficient evidence of the matters it certifies, except so far as the contrary is shown.
(1) The Minister may, by order published in the
Gazette , make any provision that is necessary to correct any error in a transfer order or a schedule to which a transfer order refers.(2) An order under this section may be made so as to have effect from the transfer time.
(3) To the extent that a provision of an order under this section has effect before the day of its publication in the
Gazette , section 45 does not, as a result of that provision, operate so as —(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the day of publication; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication.
(1) The person holding office as the chief executive officer of the Authority in accordance with section 19 of the former Act immediately before the transfer time is to be taken to have been appointed as the FES Commissioner on the same terms and conditions.
(2) Except as otherwise agreed by the person, the operation of subsection (1) does not —
(a) affect the person’s pay, as that term is defined in the
Public Sector Management (Redeployment and Redundancy) Regulations 1994 regulation 3(1); or(b) affect the person’s existing or accruing rights in respect of annual leave, long service leave, sick leave or any other leave; or
(c) affect any rights under a superannuation scheme; or
(d) interrupt the continuity of the person’s service.
(3) For the purposes of subsection (2)(d), the person’s service with the Authority is to be taken to have been with the Department.
(1) The appointment of a person as a bush fire liaison officer in accordance with section 12 of the former Bush Fires Act that has effect immediately before the transfer time continues to have effect as the designation of the person as a bush fire liaison officer under section 12 of the amended Bush Fires Act.
(2) The appointment of a person by the Authority as the Chief Bush Fire Control Officer for the district of a local government under section 38A of the former Bush Fires Act that has effect immediately before the transfer time continues to have effect as the designation of the person by the FES Commissioner as the Chief Bush Fire Control Officer for that district under section 38A of the amended Bush Fires Act.
The appointment of a person by the Authority as a member or alternate member of the Fire and Emergency Services Superannuation Board under the former Superannuation Act section 4(4)(a) or (5) that has effect immediately before the transfer time continues to have effect as the appointment of the person by the FES Commissioner as a member or alternate member of that Board under that provision of the amended Superannuation Act.
At the transfer time the members of the consultative committees go out of office.
As soon as is practicable after the transfer time all records and data of the consultative committees are to be delivered to the FES Commissioner.
Anything commenced to be done by the Authority before the transfer time may be continued by the relevant successor so far as the doing of that thing is within the functions of the relevant successor.
Anything done or omitted to be done before the transfer time by, to or in respect of the Authority, to the extent that it —
(a) has any force or significance; and
(b) is not governed by another provision of this Part,
is to be taken to have been done or omitted by, to or in respect of the relevant successor.
Any agreement or instrument subsisting immediately before the transfer time —
(a) to which the Authority was a party; or
(b) which contains a reference to the Authority,
has effect on and after transfer time, to the extent to which the agreement or instrument relates to the functions of a relevant successor, as if —
(c) the relevant successor were substituted for the Authority as a party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the Authority were, unless the context otherwise requires, amended to be or include a reference to the relevant successor.
Despite the amendment of section 39 by the
(1) Despite the deletion of Part 6 of the former Act by the
Fire and Emergency Services Legislation Amendment Act 2012 section 25, the investment of any funds of the Authority that is authorised under section 31 of the former Act immediately before the transfer time continues to be authorised as if that section had not been deleted.(2) Any funds referred to in subsection (1) that cease to be invested as described in that subsection are to be credited to an operating account of the Department.
(1) In this section —
(2) If there is no sufficient provision in this Part or in a transfer order for dealing with a transitional matter, regulations made under this Act may prescribe all matters that are necessary or convenient to be prescribed for dealing with the matter.
(3) Regulations referred to in subsection (2) may provide that a specified provision of this Act does not apply, or applies with specified modifications, to or in relation to any matter.
(4) If regulations referred to in subsection (2) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the
Gazette but not earlier than the commencement of the relevant provision of theFire and Emergency Services Legislation Amendment Act 2012 , the regulations have effect according to their terms.(5) If regulations contain a provision referred to in subsection (4), the provision does not operate so as —
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the regulations were published in the
Gazette ; or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the regulations were published in the
Gazette .
(6) Regulations cannot be made for the purposes of this section after the end of 24 months after the day on which the
Fire and Emergency Services Legislation Amendment Act 2012 receives the Royal Assent.
The operation of any provision of this Part is not to be regarded —
(a) as a breach of contract or confidence or otherwise as a civil wrong; or
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or
(c) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or
(d) as causing any contract or instrument to be void or otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
[s. 36ZK]
s. 36P | Subsection (2) is repealed and the following subsection is inserted instead — “
”. |
s. 36S(1) | “or the FES Commissioner, as the case requires,” is deleted. |
s. 36T(3) | “or to the FES Commissioner” is deleted. |
s. 36U | The section is repealed. |
s. 36V | The section is repealed. |
s. 36X | The section is repealed. |
s. 36Z(1) | “or by the FES Commissioner” is deleted. |
s. 36Z(2) | (a) “or the FES Commissioner” is deleted; (b) “or the State, as the case requires” is deleted. |
s. 36Z | Subsection (3) is repealed and the following subsection is inserted instead — “
”. |
s. 36ZB | The following definitions are inserted in the appropriate alphabetical positions — “ ”. |
s. 36ZC(1) and (2) | “FES Commissioner” is deleted in each place where it occurs and the following is inserted instead — “ local government ”. |
s. 36ZD | (a) “Minister” is deleted and the following is inserted instead — “ local government ”; (b) “FES Commissioner” is deleted in both places where it occurs and the following is inserted instead — “ local government ”. |
s. 36ZH(2)(b) | After “payable” the following is inserted — “ and to the local government ”. |
This is a compilation of the
41 of 1998 | 4 Nov 1998 | s. 1 and 2: 4 Nov 1998; Act other than s. 1 and 2: 1 Jan 1999 (see s. 2 and | |
10 of 2001 | 28 Jun 2001 | 15 Jul 2001 (see s. 2 and | |
20 of 2002 | 8 Jul 2002 | 15 Sep 2002 (see s. 2 and | |
38 of 2002 | 20 Nov 2002 | 30 Nov 2002 (see s. 2 and | |
42 of 2002 | 11 Dec 2002 | 1 Jan 2003 (see s. 2 and | |
15 Sep 2003 (see r. 2) | |||
55 of 2004 | 24 Nov 2004 | 1 Jan 2005 (see s. 2 and | |
77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and | |
35 of 2007 | 21 Dec 2007 | 19 Jan 2008 (see s. 2(b) and | |
8 of 2009 | 21 May 2009 | 22 May 2009 (see s. 2(b)) | |
39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and | |
22 of 2012 | 29 Aug 2012 | s. 39: 31 Oct 2012 (see s. 2(b) and | |
20 of 2015 | 26 Aug 2015 | s. 1 and 2: 26 Aug 2015 (see s. 2(a)); Act other than s. 1 and 2: 27 Aug 2015 (see s. 2(b)) | |
28 of 2016 | 21 Sep 2016 | 16 Sep 2017 (see s. 2(b) and | |
21 of 2022 | 24 Jun 2022 | 7 Aug 2023 (see s. 2(b) and SL 2023/111 cl. 2) | |
21 of 2023 | 24 Oct 2023 | 1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2) | |
To view the text of the uncommenced provisions see
17 of 2024 | 14 May 2024 | To be proclaimed (see s. 2(b)) |
acquire........................................................................................................................... 8(1)
advisory committee....................................................................................................... 23
amended Act................................................................................................................... 42
amended Bush Fires Act.............................................................................................. 42
amended Fire Brigades Act.......................................................................................... 42
amended Superannuation Act...................................................................................... 42
annual estimate................................................................................................................. 3
appropriate changes................................................................................................ 36ZM
assessment notice............................................................................................................. 3
assets................................................................................................................................ 42
assistance operation......................................................................................................... 3
Authority......................................................................................................................... 42
benchmark weekly earnings.................................................................................. 36ZM
BFA volunteer......................................................................................................... 36ZM
board of management.................................................................................................... 42
brigade........................................................................................................................ 13(4)
consultative committee................................................................................................... 3
consultative committees............................................................................................... 42
Crown land........................................................................................................................ 3
date of injury.......................................................................................... 36ZM, 36ZN(4)
Department........................................................................................................................ 3
dispose of..................................................................................................................... 8(1)
emergency services Acts................................................................................................ 3
employed in the Department.......................................................................................... 3
ESL agreement.......................................................................................................... 36ZI
ESL category area............................................................................................................ 3
FES activities.................................................................................................................... 3
FES Commissioner.......................................................................................................... 3
FES Ministerial Body...................................................................................................... 4
FES Unit............................................................................................................................ 3
Fire and Emergency Services Commissioner............................................................. 3
firefighter disease.................................................................................................... 36ZM
firefighter disease dispute.................................................................................. 36ZX(1)
firefighting employment.................................................................................... 36ZN(1)
firefighting service.............................................................................................. 36ZN(1)
former account.......................................................................................................... 46(1)
former Act....................................................................................................................... 42
former Bush Fires Act.................................................................................................. 42
former Fire Brigades Act............................................................................................. 42
former Superannuation Act.......................................................................................... 42
general maximum amount................................................................................. 36ZU(1)
gross rental value............................................................................................................. 3
hazardous fire...................................................................................................... 36ZN(1)
hazardous firefighting employment................................................................. 36ZN(1)
hazardous firefighting service.......................................................................... 36ZN(1)
hazardous material incident........................................................................................... 3
incident.............................................................................................................................. 3
injury ........................................................................................................................ 36ZM
injury policy............................................................................................................. 36ZM
leviable land........................................................................................................... 3, 36ZI
levy......................................................................................................................... 3, 36ZB
levy interest....................................................................................................................... 3
levy year............................................................................................................................ 3
liability............................................................................................................................ 42
marine search and rescue operation.............................................................................. 3
medical practitioner................................................................................................ 36ZM
member of staff................................................................................................................ 3
monitoring activity.......................................................................................................... 3
motor vehicle............................................................................................................. 37(6)
natural disaster.................................................................................................................. 3
occupier................................................................................................................. 36ZL(3)
operating account of the Department........................................................................... 3
operational name....................................................................................................... 13(1)
operational staff............................................................................................................. 19
owner.......................................................................................................................... 3, 3A
Part 6B commencement day................................................................................. 36ZM
prescribed association................................................................................................... 23
PSMA.............................................................................................................................. 19
qualifying period................................................................................................. 36ZN(1)
registered volunteer................................................................................................ 36ZM
relevant day............................................................................................................ 36G(2)
relevant officer....................................................................................................... 38A(3)
relevant official......................................................................................................... 49(1)
relevant prescribed association.................................................................. 24(4), 25(1)
relevant property....................................................................................................... 49(1)
relevant successor.......................................................................................................... 42
required consultation............................................................................................ 36H(4)
rescue operation............................................................................................................... 3
responsible agency.................................................................................................. 36ZM
right.................................................................................................................................. 42
search and rescue operation........................................................................................... 3
SES Unit............................................................................................................................ 3
specified..................................................................................................................... 62(1)
specified injury.................................................................................................... 36ZU(1)
State tax...................................................................................................................... 50(1)
statutory transition......................................................................................................... 42
symbol..................................................................................................................... 38B(3)
transfer order.................................................................................................................. 42
transfer time.................................................................................................................... 42
transitional matter..................................................................................................... 62(1)
unregistered volunteer............................................................................................ 36ZM
vehicle....................................................................................................................... 36ZM
VMRS Group.................................................................................................................... 3
volunteer................................................................................................................... 36ZM
volunteer activities.................................................................................................. 36ZM
volunteer advisory committee................................................................................ 25(1)
volunteer service................................................................................................. 36ZN(1)
volunteer unit........................................................................................................... 36ZM
WCIM Act................................................................................................................ 36ZM
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