Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 No 83
Current version for 6 July 2009 to date (accessed 19 December 2014 at 21:05)
Part 2Division 1

Division 1 Preliminary and interpretation

5   Definitions

(cf former s 17B (1))

In this Part:

associated operation or work is defined by section 8.

bush fire means a bush or grass fire or a fire in or at any building or a fire of any kind at which a rural fire brigade or fire fighter operates or is in attendance for the purpose of its control or suppression.

fighting, in relation to a bush fire, includes any reasonable act or operation performed by a fire fighter at or about the scene of or in connection with a bush fire which is necessary for, directed towards, or incidental to, the control or suppression of the fire or the prevention of the spread of the fire, or in any other way necessarily associated with the fire.

fire fighter means:

(a)  an official fire fighter, being the captain, deputy captain or any member of a rural fire brigade or the group captain or deputy group captain of any rural fire brigades,
(b)  any person who, without remuneration or reward, voluntarily and without obligation engages in fighting a bush fire:
(i)  with the consent of or under the authority and supervision of the captain, or deputy captain of a rural fire brigade or the group captain or deputy group captain of any rural fire brigades, or
(ii)  in conjunction with any civil authority, and
(c)  any person who, without remuneration or reward, voluntarily and without obligation engages in fighting a bush fire and who, in the opinion of the Authority having regard to all the circumstances, should be deemed to be a fire fighter.

injury means an injury to which this Part applies under section 7.

official fire fighter means the captain, deputy captain or any member of a rural fire brigade, or the group captain or deputy group captain of any rural fire brigades.

personal property damage, in relation to a fire fighter, means the destruction or loss of or damage to:

(a)  the clothing or personal effects on the fire fighter, or
(b)  the crutches, artificial members, eyes or teeth, or other artificial aids, or spectacles of the fire fighter.

relevant journey is defined by section 9.

rural fire brigade means any rural fire brigade formed under the Rural Fires Act 1997.

6   Operation of Part outside the State

(cf former s 17A (2))

This Part applies to and in respect of injury or destruction or loss of or damage to property sustained within the Commonwealth and its Territories but outside New South Wales by:
(a)  any person referred to in paragraph (a) of the definition of fire fighter in section 5,
(b)  any person referred to in paragraph (b) of that definition, resident in New South Wales, or
(c)  any person referred to in paragraph (c) of that definition, resident in New South Wales, if the bush fire referred to in that paragraph was within or partly within or, in the opinion of the Authority, likely to spread to New South Wales,
as though the injury, destruction, loss or damage had been sustained in New South Wales.

7   Injuries to which Part applies

(cf defn of “injury” in former s 17B (1))

(1)  This Part applies to personal injury received by a fire fighter:
(a)  arising out of or in the course of fighting a bush fire, or
(b)  arising out of or in the course of a relevant journey by the fire fighter in relation to a bush fire.
(2)  This Part also applies to personal injury received by an official fire fighter (or a person of a prescribed class) arising out of or in the course of:
(a)  the carrying out of an associated operation or work, or
(b)  a relevant journey by the official fire fighter (or the person) in relation to an associated operation or work.
(3)  This Part also applies to an injury being a disease which is contracted, aggravated or exacerbated or which deteriorates in the course of doing anything referred to in subsection (1) or (2) if the doing of that thing was a contributing factor.

8   Associated operation or work

(cf defn of “injury” in former s 17B (1))

(1)  An associated operation or work is:
(a)  a bush fire preventive operation,
(b)  preparatory work,
(c)  work of a prescribed kind (which may, but need not, be related to bush fire fighting, bush fire preventive operations or preparatory work), or
(d)  work which, in the opinion of the Authority having regard to all the circumstances and the advice of the Minister administering the State Emergency Service Act 1989, should be deemed to be work of a kind to which this paragraph applies.
(2)  A bush fire preventive operation is:
(a)  the burning, ploughing or clearing of firebreaks, or
(b)  any other operation including (but without being limited to) the inspection of fire breaks or other works and the survey of areas for the purpose of detecting fires or ascertaining the need for precautions against outbreak of fire,
carried out by a rural fire brigade for the purpose of preventing the outbreak of bush fires or of restricting the spread of bush fires should they occur.
(3)  Preparatory work is:
(a)  the training or instruction of persons, by means of demonstrations, exercises, competitions or otherwise, in the fighting of bush fires, or in the carrying out of bush fire preventive operations, or
(b)  the examination, preparation, maintenance, adjustment or repair of any vehicle, equipment or thing used or intended to be used by a rural fire brigade for the fighting of bush fires or for the carrying out of bush fire preventive operations,
and includes the giving or receiving of such training or instruction or the carrying out of or assisting to carry out such examination, preparation, maintenance, adjustment or repair.

9   Relevant journeys

(cf para (b) and (i) of defn of “injury” in former s 17B (1))

(1)  A journey by a fire fighter is a relevant journey if:
(a)  it is a journey between the place of abode or place of employment of the fire fighter, or place from which the fire fighter was called, and a bush fire, and
(b)  it is made exclusively and genuinely for the purpose of engaging in fighting a bush fire.
(2)  A journey by an official fire fighter is a relevant journey if it is a journey under subsection (1) or if:
(a)  it is a journey between the place of abode or place of employment of the official fire fighter, or place from which the official fire fighter was called, and the place where any associated operation or work was or is to be carried out, and
(b)  it is made exclusively and genuinely for the purpose of engaging in the carrying out of the operation or work.
Top of page