Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2007 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987.

Minister Assisting the Minister for Finance

Part 1Preliminary1Name of Regulation

This Regulation is the Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2007.

2Commencement

This Regulation commences on 1 September 2007.

Note—

This Regulation replaces the Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2002, which is repealed on 1 September 2007 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions and notes(1)

In this Regulation:

fire control officer has the same meaning as in the Rural Fires Act 1997.

the Act means the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987.

(2)

Notes in the text of this Regulation do not form part of this Regulation.

Part 2Emergency service and rescue association workers4Additional persons prescribed as emergency service workers

The following persons are prescribed for the purposes of Part 3 of the Act as being emergency service workers:

• (a)

  a member of an SES unit under the State Emergency Service Act 1989,

• (b)

  persons who are genuine members of organisations affiliated with the State Emergency Service of New South Wales under the approval of the Director-General of the Service.

5Emergency service workers—authorised activities

For the purposes of paragraph (a) of the definition of authorised activity in section 23 of the Act, the following are authorised activities in relation to emergency service workers if they are duly authorised under the State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989, or the regulations under those Acts, and are carried out without remuneration or reward, voluntarily and without obligation:

• (a)

  relief assistance and other operations in relation to any emergency as defined in section 4 of the State Emergency and Rescue Management Act 1989,

• (b)

  activities carried out under section 8 of the State Emergency Service Act 1989,

• (c)

  training and preparatory activities genuinely related to those operations or activities,

• (d)

  fund-raising.

6Additional persons prescribed as rescue association workers

Duly registered or accepted members of a rescue squad or other organisation affiliated with the New South Wales Volunteer Rescue Association are prescribed for the purposes of Part 3 of the Act as being rescue association workers.

7Rescue association workers—authorised activities

For the purposes of paragraph (b) of the definition of authorised activity in section 23 of the Act, the following are authorised activities in relation to rescue association workers if they are carried out without remuneration or reward, voluntarily and without obligation:

• (a)

  in relation to executive members of the New South Wales Volunteer Rescue Association—meetings and other activities genuinely related to the business of that Association,

• (b)

  in relation to surf life savers—surf life saving operations, training and preparatory activities genuinely related to those operations and fund-raising, being activities duly authorised under arrangements approved by Surf Life Saving New South Wales Incorporated,

• (c)

  in relation to the persons referred to in clause 6—assistance at accidents, ski patrol operations and other safety patrol operations, search and rescue operations, recovery of bodies, training and preparatory activities genuinely related to those operations and fund-raising, being activities duly authorised under arrangements approved by the New South Wales Volunteer Rescue Association,

• (d)

  in relation to persons deemed to be rescue association workers as referred to in paragraph (c) of the definition of rescue association worker in section 23 of the Act—any activity which, in the opinion of the Authority, is or is similar to an activity referred to in paragraph (a) or (b).

8Emergency service workers covered outside the State

Pursuant to section 25 of the Act, Part 3 of the Act applies to and in respect of injury sustained within the Commonwealth and its Territories but outside New South Wales by emergency service workers:

• (a)

  while carrying out operations as members of SES units pursuant to arrangements under section 23 (Arrangements for inter-State co-operation in emergencies) of the State Emergency Service Act 1989, or

• (b)

  while carrying out operations as members of accredited rescue units under arrangements made under section 58 (Arrangements for inter-State co-operation in rescue) of the State Emergency and Rescue Management Act 1989.

Part 3Bush fire fighters9Associated operation or work—fund-raising activities

For the purposes of section 8 (1) (c) of the Act, fund-raising for a rural fire brigade by an official fire fighter that is authorised by a fire control officer is an associated operation or work if that fund-raising is carried out voluntarily and without remuneration or reward.

Part 4Miscellaneous10Saving

Any act, matter or thing that, immediately before the repeal of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2002, had effect under that Regulation is taken to have effect under this Regulation.