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This is a Bill, not an Act. For current law, see the Acts databases.


FIREFIGHTERS AND EMERGENCY VOLUNTEERS LEGISLATION AMENDMENT (COMPENSATION) BILL 2016

                   Western Australia


Firefighters and Emergency Volunteers

 


 

egislation Amendment (Compensation) Bill 2016 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Bush Fires Act 1954 amended 3. Act amended 3 4. Section 35A amended 3 5. Section 37 deleted 3 Part 3 -- Fire and Emergency Services Act 1998 amended 6. Act amended 4 7. Part 6B inserted 4 Part 6B -- Compensation for injury, loss or damage Division 1 -- Preliminary 36ZM. Terms used 4 36ZN. When specified disease taken to be injury caused while engaged in volunteer activities 7 36ZO. Application of provisions of WC&IM Act under this Part 9 36ZP. Appropriate changes to WC&IM Act 9 Division 2 -- Insured compensation 36ZQ. Duty to insure 10 36ZR. Amount of insured compensation 11 36ZS. Terms of insurance 12 188--1 page i Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Contents Division 3 -- Uninsured compensation 36ZT. Uninsured compensation for specified diseases 13 36ZU. Additional compensation for specified injuries 13 36ZV. Source of compensation under this Division 14 Division 4 -- General 36ZW. Payment of compensation 14 36ZX. Specified disease disputes 15 Part 4 -- Workers' Compensation and Injury Management Act 1981 amended 8. Act amended 16 9. Section 49A amended 16 10. Section 49B amended 17 11. Section 49C amended 17 page ii Western Australia LEGISLATIVE ASSEMBLY Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 A Bill for An Act to amend the Bush Fires Act 1954, the Fire and Emergency Services Act 1998 and the Workers' Compensation and Injury Management Act 1981. The Parliament of Western Australia enacts as follows: page 1 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Firefighters and Emergency Volunteers Legislation 4 Amendment (Compensation) Act 2016. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) Part 1 -- on the day on which this Act receives the 8 Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation, 10 and different days may be fixed for different provisions. page 2 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Bush Fires Act 1954 amended Part 2 s. 3 1 Part 2 -- Bush Fires Act 1954 amended 2 3. Act amended 3 This Part amends the Bush Fires Act 1954. 4 4. Section 35A amended 5 In section 35A delete the definition of loss or damage. 6 5. Section 37 deleted 7 Delete section 37. page 3 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Part 3 Fire and Emergency Services Act 1998 amended s. 6 1 Part 3 -- Fire and Emergency Services 2 Act 1998 amended 3 6. Act amended 4 This Part amends the Fire and Emergency Services Act 1998. 5 7. Part 6B inserted 6 After section 36ZL insert: 7 8 Part 6B -- Compensation for injury, loss or 9 damage 10 Division 1 -- Preliminary 11 36ZM. Terms used 12 In this Part -- 13 appropriate changes, to the WC&IM Act, has the 14 meaning given in section 36ZP; 15 benchmark weekly earnings, in relation to a volunteer 16 who receives compensation for an injury, means -- 17 (a) the estimate of the average weekly total 18 earnings of full-time adult employees in 19 Western Australia most recently published by 20 the Australian Bureau of Statistics before the 21 date of injury; or 22 (b) if the Australian Bureau of Statistics ceases to 23 publish the estimate of the amount referred to 24 in paragraph (a), the amount fixed by, or 25 determined in accordance with, the regulations; 26 BFA volunteer means -- 27 (a) a bush fire control officer appointed under the 28 Bush Fires Act 1954 section 38; or page 4 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Fire and Emergency Services Act 1998 amended Part 3 s. 7 1 (b) a registered member of a bush fire brigade 2 established under the Bush Fires Act 1954 3 section 41; 4 compensable injury has the meaning given in the 5 WC&IM Act section 159; 6 date of injury, in relation to a person who has 7 contracted a specified disease, means the earlier of 8 these days -- 9 (a) the day on which the person becomes totally or 10 partially incapacitated for work by reason of the 11 specified disease; 12 (b) the day on which the person is first diagnosed 13 by a medical practitioner as having contracted 14 the specified disease; 15 injury has the meaning given in the WC&IM Act 16 section 5(1); 17 injury policy means an insurance policy effected for 18 the purposes of section 36ZQ(2); 19 medical practitioner has the meaning given in the 20 WC&IM Act section 5(1); 21 Part 6B commencement day means the day on which 22 Firefighters and Emergency Volunteers Legislation 23 Amendment (Compensation) Act 2016 section 7 comes 24 into operation; 25 registered volunteer means -- 26 (a) a BFA volunteer; or 27 (b) a registered member of a FES Unit; or 28 (c) an officer or member of a volunteer fire brigade 29 as defined in the Fire Brigades Act 1942 30 section 4(1) whose election or appointment has 31 been approved by the FES Commissioner under 32 section 30 of that Act; or 33 (d) a registered member of an SES Unit; or page 5 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Part 3 Fire and Emergency Services Act 1998 amended s. 7 1 (e) a registered member of a VMRS Group; 2 responsible agency means -- 3 (a) in relation to a BFA volunteer, the local 4 government which -- 5 (i) appoints the volunteer to be a bush fire 6 control officer; or 7 (ii) maintains the bush fire brigade of which 8 the volunteer is a registered member, 9 as the case may be; and 10 (b) in relation to any other registered volunteer, the 11 FES Commissioner; and 12 (c) in relation to an unregistered volunteer -- 13 (i) if the unregistered volunteer engages in 14 volunteer activities under the direction 15 of a BFA volunteer, the local 16 government which is the responsible 17 agency for that BFA volunteer; and 18 (ii) in any other case, the FES 19 Commissioner; 20 specified disease has the meaning given in the 21 WC&IM Act section 49A; 22 unregistered volunteer means a person who is not a 23 registered volunteer, but who engages in volunteer 24 activities under the direction of a registered volunteer 25 or a member of operational staff; 26 vehicle includes a rail vehicle, a vessel, an aircraft and 27 any other thing used as a means of transport; 28 volunteer means a registered volunteer or an 29 unregistered volunteer; 30 volunteer activities means -- 31 (a) in relation to a BFA volunteer or an 32 unregistered volunteer working under the 33 direction of a BFA volunteer, normal brigade page 6 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Fire and Emergency Services Act 1998 amended Part 3 s. 7 1 activities as defined in the Bush Fires Act 1954 2 section 35A; and 3 (b) in relation to any other registered volunteer or 4 an unregistered volunteer working under the 5 direction of such a volunteer, activities carried 6 out by the volunteer unit of which the 7 registered volunteer is an officer or member for 8 the purposes for which that unit was formed; 9 and 10 (c) in relation to an unregistered volunteer working 11 under the direction of a member of operational 12 staff, FES activities engaged in at the direction 13 of that member; 14 volunteer unit means -- 15 (a) a bush fire brigade established under the Bush 16 Fires Act 1954 section 41; or 17 (b) a FES Unit; or 18 (c) a volunteer fire brigade within the meaning 19 given in the Fire Brigades Act 1942 20 section 4(1); or 21 (d) an SES Unit; or 22 (e) a VMRS Group; 23 WC&IM Act means the Workers' Compensation and 24 Injury Management Act 1981. 25 36ZN. When specified disease taken to be injury caused 26 while engaged in volunteer activities 27 (1) In this section -- 28 FES employment has the meaning given in the 29 WC&IM Act section 49A; 30 firefighting employment has the meaning given in the 31 WC&IM Act section 49A; page 7 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Part 3 Fire and Emergency Services Act 1998 amended s. 7 1 firefighting service means -- 2 (a) firefighting employment; or 3 (b) volunteer service; 4 hazardous fire has the meaning given in the 5 WC&IM Act section 49A; 6 hazardous firefighting service means -- 7 (a) FES employment; and 8 (b) non-FES employment during which the worker 9 attends hazardous fires at a rate at least 10 equivalent to the rate of 5 hazardous fires 11 per year; and 12 (c) volunteer service during which the volunteer 13 attends hazardous fires at a rate at least 14 equivalent to the rate of 5 hazardous fires 15 per year; 16 non-FES employment has the meaning given in the 17 WC&IM Act section 49A; 18 qualifying period has the meaning given the 19 WC&IM Act section 49A; 20 volunteer service means service as a registered 21 volunteer whose duties involve or involved responding 22 to hazardous fires. 23 (2) If a volunteer who has contracted a specified disease -- 24 (a) as at the date of injury, had completed a period 25 of firefighting service of, or periods of 26 firefighting service in aggregate amounting to, 27 at least the qualifying period for the specified 28 disease; and 29 (b) is taken to have been exposed to the hazards of 30 a fire scene in the course of the firefighting 31 service; and 32 (c) in the case of a cancer of a kind mentioned in 33 the WC&IM Act Schedule 4A item 13, satisfies page 8 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Fire and Emergency Services Act 1998 amended Part 3 s. 7 1 the conditions (if any) prescribed for such a 2 cancer by regulations made under that Act, 3 the specified disease is, for the purposes of this Part, 4 taken to have been caused to the volunteer while 5 engaged in volunteer activities, unless the responsible 6 agency proves the contrary. 7 (3) For the purposes of subsection (2), a volunteer is taken 8 to have been exposed to the hazards of a fire scene if 9 the responsible agency is satisfied that the volunteer 10 has completed a period of hazardous firefighting 11 service of, or 2 or more periods of hazardous 12 firefighting service in aggregate amounting to, at least 13 the lesser of -- 14 (a) 5 years; and 15 (b) the qualifying period. 16 36ZO. Application of provisions of WC&IM Act under this 17 Part 18 For the purpose of applying a provision of the 19 WC&IM Act under this Part -- 20 (a) a reference in the WC&IM Act to a worker is to 21 be read as a reference to a volunteer; and 22 (b) a reference in the WC&IM Act to a worker's 23 employer is to be read as a reference to a 24 volunteer's responsible agency; and 25 (c) a reference in the WC&IM Act to a worker's 26 employment is to be read as a reference to a 27 volunteer's service as a volunteer. 28 36ZP. Appropriate changes to WC&IM Act 29 For the purpose of this Part, appropriate changes to the 30 WC&IM Act are -- 31 (a) any changes to that Act that are prescribed by 32 the regulations for the purposes of this Part; and page 9 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Part 3 Fire and Emergency Services Act 1998 amended s. 7 1 (b) any other changes to that Act that are necessary 2 or convenient to give effect to this Part. 3 Division 2 -- Insured compensation 4 36ZQ. Duty to insure 5 (1) In this section reference to loss or damage does not 6 include loss or damage that is caused by or results from 7 reasonable wear or tear, mechanical or electrical 8 breakdown, failure or breakage. 9 (2) A responsible agency must effect and keep current 10 insurance providing compensation for injury caused to 11 present and former volunteers for which it is the 12 responsible agency while engaged in volunteer 13 activities, other than injury which is compensable 14 under the WC&IM Act, where the date of injury is on 15 or after the Part 6B commencement day. 16 (3) A responsible agency must effect and keep current 17 insurance providing compensation for loss of or 18 damage to vehicles, appliances, equipment and 19 apparatus of volunteer units which it establishes, 20 maintains or authorises, where the loss or damage is 21 caused on or after the Part 6B commencement day. 22 (4) A responsible agency must effect and keep current 23 insurance providing compensation for loss or damage 24 caused to privately owned vehicles, appliances, 25 equipment, apparatus and items of personal property in 26 consequence of being used for or in connection with 27 volunteer activities engaged in by a volunteer for 28 which it is the responsible agency, where the loss or 29 damage is caused on or after the Part 6B 30 commencement day. page 10 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Fire and Emergency Services Act 1998 amended Part 3 s. 7 1 36ZR. Amount of insured compensation 2 (1) Subject to subsection (4), the compensation for an 3 injury to a volunteer to be provided by an injury policy 4 is to be of the amount and for the purposes that would 5 apply under the WC&IM Act if the volunteer were a 6 worker and suffered that injury and the WC&IM Act 7 (with the appropriate changes) applies accordingly. 8 (2) Where, under the WC&IM Act, an amount of 9 compensation to be provided by an injury policy 10 depends on weekly earnings, references to weekly 11 earnings are taken to be references to the greater of -- 12 (a) the benchmark weekly earnings; or 13 (b) either -- 14 (i) if the volunteer is a self-employed or 15 unemployed person, the actual weekly 16 earnings received by the volunteer; or 17 (ii) in any other case, the volunteer's 18 weekly earnings calculated in 19 accordance with the WC&IM Act. 20 (3) WC&IM Act Schedule 1 clauses 8, 10, 11, 16, 17, 18, 21 18A and 19 apply (with the appropriate changes) to an 22 injury policy as if they were set out in the policy. 23 (4) The regulations may limit, with respect either to an 24 individual volunteer or to volunteers generally, the 25 amount of compensation for which a responsible 26 agency is required by section 36ZQ(2) to insure. 27 (5) The regulations may limit, with respect either to a 28 single claim or to claims generally, the amount of 29 compensation for which a responsible agency is 30 required by section 36ZQ(3) or (4) to insure. page 11 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Part 3 Fire and Emergency Services Act 1998 amended s. 7 1 (6) A responsible agency may effect insurance which 2 provides a greater amount of compensation than is 3 required under this section. 4 36ZS. Terms of insurance 5 (1) The terms of an injury policy must provide -- 6 (a) that claims under the policy are subject to the 7 same time limitation periods as would apply 8 under the WC&IM Act if the injured volunteer 9 were a worker and had suffered a compensable 10 injury; and 11 (b) that a volunteer insured or proposed to be 12 insured under the policy may be required to 13 provide medical certificates or to submit to 14 medical examinations, occupational or 15 vocational assessments and the like for the 16 purposes of the policy. 17 (2) The regulations may -- 18 (a) limit, modify or exclude any requirement in this 19 Division to obtain or keep current insurance in 20 respect of liabilities arising in prescribed 21 circumstances or out of prescribed events; and 22 (b) otherwise limit, modify or exclude the 23 requirement in this Division to obtain or keep 24 current insurance. 25 (3) Subject to subsection (1), the regulations may prescribe 26 any or all of the terms and conditions of insurance 27 required by this Division. 28 (4) Subject to subsection (1), the regulations may prescribe 29 the form of a policy providing insurance required by 30 this Division. page 12 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Fire and Emergency Services Act 1998 amended Part 3 s. 7 1 Division 3 -- Uninsured compensation 2 36ZT. Uninsured compensation for specified diseases 3 (1) This section applies if -- 4 (a) a volunteer contracts a specified disease; and 5 (b) the specified disease is taken to be an injury 6 caused while engaged in volunteer activities; 7 and 8 (c) the date of injury is on or after 9 13 November 2013 but before the Part 6B 10 commencement day. 11 (2) If this section applies, the volunteer is entitled to an 12 amount of compensation equal to the amount that 13 would be payable under an injury policy if the date of 14 injury were on or after the Part 6B commencement day. 15 36ZU. Additional compensation for specified injuries 16 (1) In this section -- 17 prescribed amount has the meaning given in the 18 WC&IM Act section 5(1); 19 specified injury means -- 20 (a) death; or 21 (b) total loss of sight of both eyes; or 22 (c) total loss of sight of an only eye; or 23 (d) permanent and incurable loss of mental 24 capacity resulting in total inability to work; or 25 (e) total and incurable paralysis of the limbs or of 26 mental powers; or 27 (f) loss of both hands; or 28 (g) loss of a hand and foot; or 29 (h) loss of both feet; or page 13 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Part 3 Fire and Emergency Services Act 1998 amended s. 7 1 (i) severe facial scarring or disfigurement 2 (including scarring or disfigurement as a result 3 of burns); or 4 (j) severe bodily, other than facial, scarring or 5 disfigurement (including scarring or 6 disfigurement as a result of burns). 7 (2) A volunteer who has suffered a specified injury while 8 engaged in volunteer activities on or after the Part 6B 9 commencement day is entitled to a further amount, in 10 addition to any amount payable under an injury policy, 11 so that the total amount received by or in respect of that 12 volunteer in relation to that injury is equal to the 13 prescribed amount as at the date on which the injury 14 was caused multiplied by 2.36. 15 36ZV. Source of compensation under this Division 16 A responsible agency is to pay compensation to which 17 a volunteer is entitled under this Division out of 18 moneys appropriated by Parliament for that purpose. 19 Division 4 -- General 20 36ZW. Payment of compensation 21 (1) Subject to subsection (2), an amount payable under an 22 injury policy or under section 36ZT or 36ZU is payable 23 to the person or persons who would be entitled under 24 the WC&IM Act to receive it if the injured volunteer 25 were a worker and had suffered a compensable injury, 26 and the WC&IM Act (with the appropriate changes) 27 applies accordingly. 28 (2) A spouse or de facto partner of the injured volunteer is 29 to be taken for the purposes of this section to be wholly 30 dependent on the injured volunteer's earnings. page 14 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Fire and Emergency Services Act 1998 amended Part 3 s. 7 1 (3) If an amount payable under an injury policy or under 2 section 36ZT or 36ZU is payable to more than one 3 person it is to be apportioned between those persons as 4 the regulations provide. 5 36ZX. Specified disease disputes 6 (1) In this section -- 7 specified disease dispute means a dispute in connection 8 with the application or operation of section 36ZN 9 or 36ZT. 10 (2) The WC&IM Act Parts XI and XIII apply (with the 11 appropriate changes) in relation to a specified disease 12 dispute as if the specified disease dispute were a 13 dispute as defined in the WC&IM Act section 176(1). 14 (3) Despite the WC&IM Act section 217B(1), for the 15 purposes of an action for damages brought 16 independently of this Act, a decision of an arbitrator in 17 relation to a specified disease dispute is not final or 18 binding on the parties to the dispute. 19 page 15 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Part 4 Workers' Compensation and Injury Management Act 1981 amended s. 8 1 Part 4 -- Workers' Compensation and Injury 2 Management Act 1981 amended 3 8. Act amended 4 This Part amends the Workers' Compensation and Injury 5 Management Act 1981. 6 9. Section 49A amended 7 In section 49A insert in alphabetical order: 8 9 FES employment, in relation to a worker, means any 10 period of firefighting employment during which the 11 worker is engaged as a member or officer of a 12 permanent fire brigade as defined in Fire Brigades 13 Act 1942 section 4(1); 14 firefighting employment means employment by or 15 under the Crown in right of the State, a substantial part 16 of the duties of which consists of firefighting duties, 17 which -- 18 (a) is covered by an industrial award or industrial 19 agreement applicable to firefighting; or 20 (b) is prescribed to be firefighting employment for 21 the purposes of this Act; 22 hazardous fire means -- 23 (a) a fire in a building; or 24 (b) a fire in a vehicle, whether designed to move 25 under its own power or to be towed and 26 whether or not still moveable; or 27 (c) a fire involving non-organic refuse or rubbish 28 created by humans; or 29 (d) a fire that is prescribed to be a hazardous fire 30 for the purposes of this Division; page 16 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Workers' Compensation and Injury Management Act 1981 Part 4 amended s. 10 1 hazardous firefighting employment means -- 2 (a) FES employment; and 3 (b) non-FES employment during which the worker 4 attends hazardous fires at a rate at least 5 equivalent to the rate of 5 hazardous fires 6 per year; 7 non-FES employment, in relation to a worker, means 8 any period of firefighting employment which is not 9 FES employment; 10 11 10. Section 49B amended 12 Delete 49B(b) and insert: 13 14 (b) as at the date of injury the worker is or has been 15 in firefighting employment. 16 17 11. Section 49C amended 18 (1) In section 49C(1): 19 (a) in paragraph (a) delete "before the date of injury, was 20 employed as a firefighter for" and insert: 21 22 as at the date of injury, is or has been in firefighting 23 employment for a period of, or periods in aggregate 24 amounting to, 25 26 (b) delete paragraph (b) and insert: 27 28 (b) is taken to have been exposed to the hazards of 29 a fire scene in the course of the firefighting 30 employment; and 31 page 17 Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Bill 2016 Part 4 Workers' Compensation and Injury Management Act 1981 amended s. 11 1 (c) before "employment" (2nd occurrence) insert: 2 3 firefighting 4 5 (2) Delete section 49C(2) and (3) and insert: 6 7 (2) For the purposes of subsection (1), a worker to whom 8 this Division applies is taken to have been exposed to 9 the hazards of a fire scene if the employer is satisfied 10 that the worker has completed a period of hazardous 11 firefighting employment of, or 2 or more periods of 12 hazardous firefighting employment in aggregate 13 amounting to, at least the lesser of -- 14 (a) 5 years; and 15 (b) the qualifying period. 16 17 Note: The heading to amended section 49C is to read: 18 When firefighting employment taken to contribute to specified 19 disease 20

 


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