Untitled document

Country Fire Authority Amendment Regulations 2013

S.R. No. 149/2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Making a claim

6New regulations 80A and 80B inserted

80ASome personal injury claims may be lodged with Authority

80BAuthority may request report by officer in charge

7Claims procedure

8New regulations 94A, 94B and 94C inserted

94ASome claims for compensation may be lodged with Authority

94BAuthority may provide claim to officer in charge or brigade Secretary

94CAuthority may request report

9New regulation 107A inserted

107AHigh fire risk activities

10Election of officers of brigades

11Grant of permit to burn

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 149/2013

Country Fire Authority Act 1958

Country Fire Authority Amendment Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 3 December 2013

Responsible Minister:

KIM WELLS
Minister for Police and Emergency Services

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Country Fire Authority Regulations 2004—

(a)to prescribe activities as high fire risk activities for the purposes of section 39E of the Country Fire Authority Act 1958; and

(b)in relation to the lodgement of certain compensation claims; and

(c)in relation to the election of brigade officers; and

(d)in relation to notifications required by a permit to burn.

2Authorising provision

These Regulations are made under section 110 of the Country Fire Authority Act 1958.

3Commencement

These Regulations come into operation on 4 December 2013.

4Principal Regulations

In these Regulations, the Country Fire Authority Regulations 2004[1] are called the Principal Regulations.

5Making a claim

In regulation 79(5) of the Principal Regulations, for "A claim must" substitute "Subject to regulation 80A, a claim must".

6New regulations 80A and 80B inserted

After regulation 80 of the Principal Regulations insert—

"80A   Some personal injury claims may be lodged with Authority

(1)A claim for personal injury may be lodged directly with the Authority if, after considering a request made under subregulation (2), the Authority is satisfied that in the circumstances it is not practicable for the member or claimants to lodge the claim with the officer in charge of the brigade to which the member belonged at the time of the personal injury.

(2)A request must specify—

(a)that the member or claimants propose to make a claim for personal injury; and

(b)that, in the circumstances, it is not practicable for the member or claimants to lodge the claim with the officer in charge of the brigade to which the member belonged at the time of the personal injury; and

(c)the circumstances that make lodgement of the claim with the officer in charge impracticable.

(3)The Authority must advise the member or claimants who made a request under this regulation of its decision to receive or not receive a claim for personal injury directly from the member or claimants as soon as practicable after receiving the request.

80BAuthority may request report by officer in charge

(1)If a claim for personal injury is received by the Authority directly under regulation 80A, the Authority may give a copy of the claim to the officer in charge of the brigade to which the member belonged at the time of the personal injury.

(2)If a claim for personal injury is received by the Authority directly under regulation 80A, the Authority may request the officer in charge of the brigade to which the member belonged at the time of the personal injury to give the Authority—

(a)a statement, signed by the officer in charge, of the circumstances of the incident giving rise to the claim for compensation and the opinion of the officer as to the claim; and

(b)a report from any person who witnessed the incident giving rise to the claim for personal injury.".

7Claims procedure

In regulation 93(2) of the Principal Regulations, for "A claim" substitute "Subject to regulation 94A, a claim".

8New regulations 94A, 94B and 94C inserted

After regulation 94 of the Principal Regulations insert—

"94A   Some claims for compensation may be lodged with Authority

(1)A claim for compensation under Part V of the Act in respect of personal injury may be lodged directly with the Authority if, after considering a request made under subregulation (2), the Authority is satisfied that in the circumstances it is not practicable for the casual fire fighter or volunteer auxiliary worker to lodge the claim in accordance with regulation 93(2).

(2)A request must specify—

(a)that the casual fire fighter or volunteer auxiliary worker proposes to make a claim for personal injury; and

(b)that, in the circumstances, it is not practicable for the casual fire fighter or volunteer auxiliary worker to lodge the claim in accordance with regulation 93(2); and

(c)the circumstances that make lodgement of the claim in accordance with regulation 93(2) impracticable.

(3)The Authority must advise the casual fire fighter or volunteer auxiliary worker who made a request under this regulation of its decision to receive or not receive a claim for personal injury directly from the casual fire fighter or volunteer auxiliary worker as soon as practicable after receiving the request.

94BAuthority may provide claim to officer in charge or brigade Secretary

If a claim for personal injury is received by the Authority directly under regulation 94A, the Authority may give a copy of the claim to—

(a)in the case of a claim made by a casual fire fighter, the officer in charge of operations at the fire giving rise to the claim for compensation; or

(b)in the case of a claim made by a volunteer auxiliary worker, the Secretary of the brigade or the group of brigades who appointed the person as a volunteer auxiliary worker.

94CAuthority may request report

If a claim for personal injury is received by the Authority directly under regulation 94A, the officer in charge of operations at the fire giving rise to the claim for compensation, the relevant Secretary of the brigade or the group of brigades or any other officer designated by the Authority, must, on request by the Authority—

(a)obtain a statement from any person who witnessed the incident giving rise to the claim for compensation in respect of a personal injury; and

(b)forward to the Authority the statement together with a report of the circumstances of the incident giving rise to the claim for compensation and his or her opinion as to the claim.".

9New regulation 107A inserted

Before regulation 108 of the Principal Regulations insert—

"107A   High fire risk activities

(1)For the purposes of section 39E(2)(a) of the Act, the following activities are prescribed to be high fire risk activities—

(a)welding;

(b)gas cutting;

(c)soldering;

(d)grinding;

(e)charring;

(f)the use of power operated abrasive cutting discs.

(2)For the purposes of section 39E(2)(b) of the Act, the prescribed conditions are—

(a)that the person ensures that, in conducting or engaging in the conduct of a high risk activity—

(i)a shield or guard of fire resistant material is placed or erected in such a way as to prevent the emission of sparks, hot metal or slag; and

(ii)the area for a radius of at least 1×5 metres from the activity is clear of all flammable material or wetted down sufficiently to prevent the spread of fire; and

(iii)there is available for immediate use in the event of fire a reticulated water supply or an effective water spray pump of the knapsack pattern with a tank capacity of not less than 9 litres and fully charged with water; and

(iv)cut-offs and electrode stubs from the activity are placed directly in a fire proof receptacle; or

(b)that, conducting or engaging in the conduct of a high risk activity is reasonable in the circumstances to—

(i)prevent the occurrence of a fire; or

(ii)extinguish or restrict the spread of a fire; or

(iii)protect life or property; or

(c)that the conducting or the engaging in the conduct of the high risk activity is for the purpose of training in fire-fighting techniques that—

(i)take place at a designated training venue approved by the Chief Officer; and

(ii)have been approved by the Chief Officer.".

10Election of officers of brigades

(1)In clause 1(2) of Schedule 8 to the Principal Regulations omit "or lieutenant".

(2)After clause 1(2) of Schedule 8 to the Principal Regulations insert—

"(3)A member of a brigade is not eligible to stand for the office of lieutenant of the brigade unless—

(a)the member has the competencies specified by the Chief Officer as requirements for that office; or

(b)the Authority waives the requirement in paragraph (a).".

11Grant of permit to burn

For condition 2(b) of Schedule 13 to the Principal Regulations substitute—

"(b)to the officer in charge of the fire brigade in whose area the burning is to take place, by telephoning the officer in charge on (insert telephone number); and

(c)to the Emergency Services Telecommunications Authority (within the meaning of the Emergency Services Telecommunications Authority Act 2004) (ESTA), on 1800 668 511, or by one or more of the means of notification specified on the ESTA Internet site (insert link to relevant page on ESTA Internet site) or the Country Fire Authority Internet site (insert link to relevant page on CFA Internet site).".

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ENDNOTES

[1]

Reg. 4: S.R. No. 9/2004.  Reprint No. 1 as at 9 September 2008.  Reprinted to S.R. No. 106/2008.  Subsequently amended by

S.R. Nos 67/2009, 66/2010, 60/2011 and 66/2012.