{"id":"wa-local:bunbury-city-of-city-of-bunbury-bush-fire-brigades-local-law-2024","name":"City of Bunbury Bush Fire Brigades Local Law 2024","slug":"city-of-bunbury-bush-fire-brigades-local-law-2024","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437255,"registerId":"wa-local:bunbury-city-of-city-of-bunbury-bush-fire-brigades-local-law-2024-pdf-1775954190938","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Bunbury Bush Fire Brigades Local Law 2024","content":"2153\nISSN 2204-4264 (online)\nPERTH, THURSDAY, 29 AUGUST 2024 No. 107 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nBUSH FIRE BRIGADES LOCAL LAW\nLOCAL GOVERNMENT ACT 1995\n————\nCITY OF BUNBURY\n———————————\nBUSH FIRE BRIGADES\nLOCAL LAW 2024\n\n\n\n29 August 2024 GOVERNMENT GAZETTE, WA 2155\nBUSH FIRE BRIGADES LOCAL LAW\nLOCAL GOVERNMENT ACT 1995\nCITY OF BUNBURY\nBUSH FIRE BRIGADES LOCAL LAW 2024\nUnder the powers conferred by the Bush Fire Act 1954 the Local Government Act 1995 and by all other\npowers enabling it, the Council of the City of Bunbury resolved on 13 August 2024 to make the following\nlocal law.\nPART 1—PRELIMINARY\n1.1 Citation and Application\n(1) (This local law may be cited as the City of Bunbury Bush Fire Brigades Local Law 2024.\n(2) This local law applies throughout the district.\n1.2 Commencement\nThis local law comes into operation 14 days after the day of its publication in the Government Gazette.\n1.3 Repeal Provisions\nThe City of Bunbury Bush Fire Brigade Local Law 2023 published in the Government Gazette dated\n24 October 2023, is repealed.\n1.4 Interpretation\n(1) This local law unless the context specifies otherwise—\nAct means the Bush Fires Act 1954;\nBrigade means the Bunbury Volunteer Bush Fire Brigade;\nbrigade member means any member referred to in Clause 4.1;\nbush fire brigade is defined in section 7 of the Act;\nbush fire brigade area is defined in Clause 2.2(1)(b);\nCEO means the Chief Executive Officer of the local government;\nChief Bush Fire Control Officer is as defined in the Act;\nDepartment means the Department of Fire and Emergency Services of Western Australia;\ndistrict means the district of the local government;\nlocal government means the City of Bunbury;\nnormal brigade activities is defined by section 35A of the Act;\nRegulations means Regulations made under the Act;\nRules means the Rules Governing the Operations of Bush Fire Brigade set out in the First\nSchedule.\n(2) In this local law, unless the context otherwise requires, a reference to—\n(a) a Captain;\n(b) a First Lieutenant;\n(c) a Second Lieutenant;\n(d) any additional Lieutenants;\n(e) an Equipment Officer;\n(f) a Secretary;\n(g) a Treasurer;\n(h) a Secretary/Treasurer combined.\nMeans a person holding that position in a bush fire brigade.\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADE\nDivision 1—Establishment of a bush fire brigade\n2.1 Establishment of a bush fire brigade\n(1) The local government may establish a bush fire brigade for the purpose of carrying out normal\nbrigade activities.\n(2) A bush fire brigade is established on the date of the local government’s decision under subclause\n(1).\n\n2156 GOVERNMENT GAZETTE, WA 29 August 2024\n2.2 Name and officers of bush fire brigade\n(1) On establishing a bush fire brigade under clause 2.1(1) the local government is to—\n(a) give a name to the bush fire brigade;\n(b) specify the area in which the bush fire brigade is primarily responsible for carrying out the\nnormal brigade activities (the “brigade area”); and\n(c) appoint—\n(i) a Captain;\n(ii) a First Lieutenant;\n(iii) a Second Lieutenant;\n(iv) additional Lieutenants if the local government considers it necessary;\n(v) an Equipment Officer;\n(vi) a Secretary; and\n(vii) a Treasurer; or\n(viii) a Secretary/Treasurer combined.\n(2) When considering the appointment of persons to the positions in subclause (1)(c), the local\ngovernment is to have regard to the qualifications and experience which may be required to fill\neach position.\n(3) A person appointed to a position in subclause (1)(c) is to be taken to be a brigade member.\n(4) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general\nmeeting of the bush fire brigade.\n(5) If a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first annual\ngeneral meeting, then the local government is to appoint a person to fill the vacancy in accordance\nwith subclause (2).\nDivision 2—Command at a fire\n2.3 Ranks within the bush fire brigade\n(1) Where under the Act members of the bush fire brigade have command of a fire, unless a bushfire\ncontrol officer is in attendance at the fire, the Captain has full control over other persons fighting\nthe fire, and is to issue instructions as to the methods to be adopted by the firefighters.\n(2) In the absence of the Captain, the first Lieutenant, and in the absence of the first, the second\nLieutenant and so on, in the order of seniority determined, is to exercise all the powers and duties\nof the Captain.\n(3) Where a bushfire control officer is in attendance at a fire which the members of the bush fire brigade\nhave command of under the Act, the most senior bushfire control officer has full control over other\npersons fighting the fire and is to issue instructions as to the methods to be adopted by the fire\nfighters.\nDivision 3—Application of Rules to a bush fire brigade\n2.4 Rules\n(1) The Rules govern the operation of a bush fire brigade.\n(2) A bush fire brigade and each brigade member is to comply with the Rules as set out in the First\nSchedule.\nDivision 4—Transitional\n2.5 Existing Bush Fire Brigade\n(1) Where a local government has established a bush fire brigade prior to the commencement date,\nthen on and from the commencement day—\n(a) the bush fire brigade is to be taken to be a bush fire brigade established under and in\naccordance with this local law;\n(b) the provisions of this local law apply to the bush fire brigade save for clause 2.2; and\n(c) any rules governing the operation of the bush fire brigade are to be taken to have been repealed\nand substituted with the Rules.\n(2) In this clause—\n“commencement day” means the day on which this local law comes into operation.\nDivision 5—Dissolution of bush fire brigade\n2.6 Dissolution of bush fire brigade\nIn accordance with section 41(3) of the Act, the local government may cancel the registration of a bush\nfire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local law\nor is not achieving the objectives for which it was established.\n\n29 August 2024 GOVERNMENT GAZETTE, WA 2157\n2.7 New arrangement after dissolution\nIf the local government cancels the registration of a bush fire brigade, alternative fire control\narrangements are to be made in respect of the brigade area.\nPART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADE\nDivision 1—Local government responsibility\n3.1 Local government responsible for structure\nThe local government is to ensure that there is an appropriate structure through which the organisation\nof bush fire Brigade is maintained.\n3.2 Officers to be supplied with Act\nThe local government is to supply each brigade officer with a copy of the Act, the Regulations this local\nlaw and any other written laws which may be relevant to the performance of the brigade officers’\nfunctions, and any amendments which are made from time to time.\nDivision 2—Chief Bush Fire Control Officer\n3.3 Managerial role of Chief Bush Fire Control Officer\nSubject to any directions by the local government the Chief Bush Fire Control Officer has primary\nmanagerial responsibility for the organisation and maintenance of bush fire Brigade.\n3.4 Chief Bush Fire Control Officer may attend meetings\nThe Chief Bush Fire Control Officer or her or his nominee (who is to be a bush fire control officer) may\nattend as a non-voting representative of the local government at any meeting of a bush fire brigade.\n3.5 Duties of Chief Bush Fire Control Officer\nThe duties of the Chief Bush Fire Control Officer include—\n(a) provide leadership to volunteer bush fire Brigade;\n(b) monitor bush fire bridges’ resourcing, equipment (including protective clothing) and training\nlevels and report thereon with recommendations at least once a year to the local government;\n(c) liaise with the local government concerning fire prevention/suppression matters generally and\ndirections to be issued by the local government to bush fire control officers (including those who\nissue permits to burn) bush fire Brigade or brigade officers;\n(d) ensure that bush fire Brigade are registered with the local government and that lists of brigade\nmembers are maintained.\nDivision 3—Annual general meetings of bush fire Brigade\n3.6 Holding of annual general meeting\nA bush fire brigade is to hold its annual general meeting during the month of July each year.\n3.7 Nomination of bush fire control officer to the local government\nIf the local government has not established a Bush Fire Advisory Committee, then at the annual general\nmeeting of a bush fire brigade, the bush fire brigade is to nominate one brigade member to the local\ngovernment to serve as the bush fire control officer for the brigade area until the next annual general\nmeeting.\n3.8 Minutes to be tabled before the Bush Fire Advisory Committee\n(1) The Secretary is to forward a copy of the minutes of the annual general meeting of a bush fire\nbrigade to the Chief Bush Fire Control Officer within one month after the meeting.\n(2) The Chief Bush Fire Control Officer is to table the minutes of a bush fire brigade’s annual general\nmeeting at the next meeting of the—\n(a) Bush Fire Advisory Committee; or\n(b) Council, if there is no Bush Fire Advisory Committee,\nfollowing their receipt under subclause (1).\nDivision 4—Bush Fire Advisory Committee\n3.9 Functions of Advisory Committee\nThe Bush Fire Advisory Committee is to have the functions set out in section 67 of the Act and is to\ninclude such number of nominees of the bush fire Brigade as is determined by the local government.\n3.10 Advisory Committee to nominate bush fire control officers\nAs soon as practicable after the annual general meeting of each bush fire brigade in the district, the\nBush Fire Advisory Committee is to nominate to the local government from the persons nominated by\neach bush fire brigade a person for the position of a bush fire control officer for the brigade area.\n\n2158 GOVERNMENT GAZETTE, WA 29 August 2024\n3.11 Local government to have regard to nominees\nWhen considering persons for the position of a bush fire control officer, the local government is to have\nregard to those persons nominated by the Bush Fire Advisory Committee but is not bound to appoint\nthe persons nominated.\n3.12 Advisory Committee to consider bush fire brigade motions\nThe Bush Fire Advisory Committee is to make recommendations to the local government on all motions\nreceived by the Bush Fire Advisory Committee from bush fire Brigade.\nPART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP\n4.1. Types of membership of bush fire brigade\nThe membership of a bush fire brigade consists of the following—\n(a) active members;\n(b) probationary members;\n(c) auxiliary members;\n(d) cadet members; and\n(e) honorary life members.\n4.2 Active Members\nFire fighting members are those persons being at least 16 years of age who undertake all normal bush\nfire brigade activities.\n4.3 Probationary Members\nThe duties of a probationary member of the Brigade are as follows—\n(a) Are to attend meetings; and may take part in discussions but are not entitled to vote;\n(b) Required to fulfill at least three (3) months minimum attendance requirements before being\nconsidered for active membership;\n(c) Expected to attend as many Brigade activities as possible including training and maintenance\nthroughout their probationary period;\n(d) Can attend emergency calls when able to, but only under the direct supervision of a Brigade\nOfficer.\n(e) Required to update any document, records, information, or systems that may be used by the\nBrigade for establishing the availability or unavailability of members to attend incidents;\n(f) Responsible for keeping the ‘Crew Availability System’ up to date.\n4.4 Auxiliary Members\nAuxiliary Members are those persons who are required to attend the monthly meetings and may attend\nBrigade activities if able to do so.\n4.5 Cadet Members\n(1) Cade members are—–\n(a) To be aged 11 years to 18 years of age; and\n(b) Has the written consent of his or her parent or guardian to be registered as a cadet member;\nand\n(c) The Brigade’s captain has informed the FES Commissioner that he or she is satisfied that the\nmember is able to perform appropriately the duties of a cadet member.\n(2) A member who is eligible to be registered as a cadet member of a Brigade may instead be registered\nas a probationary member or an active member of the Brigade if—\n(a) The member has reached 16 years of age; and\n(b) Has the written consent of his or her parent or guardian to be registered as a probationary\nmember; and\n(c) The Brigade’s captain has informed the FES Commissioner that he or she is satisfied that the\nmember is able to perform the duties of an active member of the Brigade.\n4.6 Honorary Life Members\n(1) The bush fire brigade may by a simple majority resolution appoint a person as an honorary life\nmember in recognition of services by that person to the bush fire brigade.\n(2) No membership fees are to be payable by an honorary life member\nPART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS\n5.1 Rules to govern\nThe appointment, dismissal, and management of brigade members by the bush fire brigade are\ngoverned by the Rules set out in the First Schedule.\n\n29 August 2024 GOVERNMENT GAZETTE, WA 2159\nPART 6—EQUIPMENT OF BUSH FIRES BRIGADE\n6.1 Policies of local government\nThe local government may—\n(1) provide funding to bush fire Brigade for the purchase of protective clothing, equipment, and\nappliances; and\n(2) keep bush fire Brigade informed of opportunities for funding from other bodies.\n6.2 Equipment in brigade area\nNot later than 31 May in each year, the bush fire brigade is to report to the local government the nature,\nquantity and quality of all protective clothing, equipment and appliances of the bush fire brigade which\nare generally available within the brigade area (or at a station of the bush fire brigade).\n6.3 Funding from local government budget\nA request to the local government from the bush fire brigade for funding of protective clothing,\nequipment or appliance needs is to be received by the local government by 31 March in order to be\nconsidered in the next following local government budget and is to be accompanied by the last audited\nfinancial statement and a current statement of assets and liabilities of the bush fire brigade.\n6.4 Consideration in the local government budget\nThe local government may approve or refuse an application for funding depending upon the assessment\nof budget priorities for the year in question.\nPART 7—RESPONSIBILITIES OF FIRE BRIGADE OFFICERS\n7.1 Code of Conduct\n(1) The Brigade will establish a Code of Conduct (the Code) that will include the following—\n(a) Establishes the Purpose, Scope and Principles of the Code;\n(b) The type of conduct and behaviour by Brigade members that will be considered as acceptable\nconduct and behaviour;\n(c) The type of conduct and behaviour by Brigade members that will be considered as unacceptable\nconduct and behaviour;\n(d) Determine what will be considered as Serious Misconduct and the ramifications of such Serious\nMisconduct;\n(e) Establishes procedures for the compliance with the Code and management of alleged breaches\nof the Code.\n(2) Any Code established by the Brigade will not be ultra vires to any Code of Conduct as established\nby the City or DFES;\n(3) Where any part of the Code is contrary to a Code of Conduct as established by the City or as\nestablished by DFES, as far as the context of the Code allows, where the Code is—\n(a) contrary to the Code of Conduct established by the City, the City’s Code of Conduct will prevail;\nor\n(b) the Brigade will review the Code at intervals as determined by the Brigade from time to time;\n(c) the determination of any amendments of the Code will be determined at an ordinary meeting\nof the brigade by a majority vote of eligible members present at the meeting.\n7.2 Drugs, Alcohol and Smoking\n(1) Members are restricted from all operational and training activities if they have consumed any\nalcohol or drugs or are suspected by a Brigade Officer to have consumed or be under the influence\nof alcohol or drugs;\n(2) Members are to inform the Captain or any other Brigade Officers if they have consumed alcohol or\ndrugs;\n(3) The Captain or any Brigade Officers can stand down any member should they suspect that the\nmember is unfit to undertake their membership role due to being considered by the Captain or any\nBrigade Officer to be under the influence of alcohol or any drug.\nContravention of any of the above Clauses may be grounds for instant dismissal from the Brigade.\n(1) Smoking is not permitted in vehicles or within five (5) metres of any entrance or access points to\nthe fire station. At an incident, smokers need to obtain permission from the Captain, Brigade\nOfficer or Incident Controller;\n(2) Smokers are responsible for ensuring that all cigarette butts are totally extinguished and\nappropriately disposed of into a suitable bin or container.\n7.3 Responding to Incidents\n(1) When responding to the fire station for an incident, members are still bound by the Road Traffic\nCode 2000 and are not exempt under any circumstances;\n(2) Members are not to use a fire-call to justify the contravention of any law or to justify receiving\ntraffic infringements;\n(3) No member is to respond in their own vehicle ‘directly’ to any emergency incident without the prior\nconsent of the Captain or without first attending the station;\n\n2160 GOVERNMENT GAZETTE, WA 29 August 2024\n(4) When mobilising to an incident, probationary members may be required to relinquish their position\nto active members should there be more crew than seats on vehicles. The same applies to all active\nmembers with regards to their qualifications in relation to the type of incident being attended;\n(5) The Captain or Brigade Officers present will determine the make-up of crews and which vehicles\ncrew members will respond in;\n(6) The driver of a Brigade vehicle is to ensure that they at all times adhere to the instructions of the\nCaptains or Brigade Officers present and adhere to DFES Policy relating to driving of vehicles;\n(7) Other than the Captain or Brigade Officers, no crew members other than the vehicle driver are to\ndetermine the operations of the vehicle.\n7.4 Parking\n(1) All vehicles are to be parked in a safe and secure manner within the car parking area as provided;\n(2) Vehicles are not to be parked outside a secure fenced parking area unless prior consent has been\nobtained from the Captain or another Brigade Officer;\n(3) Members must ensure sufficient access/egress is available to any vehicles at the fire station;\n(4) No vehicles are to be parked in such a way to cause an obstruction to the access/egress of Brigade\nfirefighting appliances to the fire station;\n(5) Vehicles that a driven within the station yard must not exceed a speed of 5km/hr;\n(6) A member may void their insurance if a vehicle is not parked within the designated areas where\nvehicles are to be parked or if driven in excess of the speed limit as stated in sub clause (5);\n(7) Members are to ensure that their vehicle is locked and made secure whilst at the fire station or\nwhilst at a Brigade sanctioned activity and that all valuables are kept out of sight and remain in a\nsecure location either in the vehicle or in the fire station;\n(8) The Brigade will not be liable for any loss or damage that may be caused to any private vehicle or\ngoods whilst they are at a Brigade sanctioned activity or whilst kept on station.\n7.5 Occurrence Book\n(1) All Brigade members, visitors and guests are to record in the occurrence book their name, date,\ntime on and off station together with the reason for being on station;\n(2) Incidents are to be entered in the occurrence book by the Captain, Brigade Officer or a member\nnominated by the Captain or Brigade Officer;\n(3) The occurrence book must not be removed from the station unless prior approval has been obtained\nfrom the Captain, Brigade Officer or the occurrence book has expressly been requested by the City\nor DFES.\n7.6 Brigade Vehicles and Equipment\n(1) Vehicles can be driven under normal road conditions by any active member who holds a current\nand appropriate class of motor driver’s license for the class of vehicle that is to be driven;\n(2) Drivers who hold a Provisional License (P-Plate) of the appropriate class level for the class of vehicle\nare permitted to drive Brigade vehicles under normal road conditions;\n(3) Drivers who hold a learner permit (L—Plate) or Provisional license (P-Plate) of the appropriate\nclass level are not permitted to drive Brigade vehicles to or from any incident or drive any vehicle\nunder emergency conditions;\n(4) Vehicles may only be driven under emergency conditions—\n(a) under the direction of the OIC;\n(b) by a member who has completed the appropriate training course and has all relevant approvals,\nqualifications and driver’s license for the class of vehicle that is to be driven;\n(c) if the Brigade vehicle is sufficiently crewed for the incident being attended;\n(d) if the vehicle is fully crewed without a driver who is authorised to drive under operational\nconditions, the crew is to proceed under ‘Normal Road’ conditions to the incident and the\nBrigade vehicle can be driven by a member who holds a current and appropriate class of motor\ndriver’s license for the class of vehicle that is to be driven.\n(5) Damaged, faulty or lost equipment is to be immediately reported to the Captain or the appropriate\nBrigade Officer;\n(6) At the end of an incident, training drill or other Brigade activity, it is the responsibility of the OIC,\ndriver and the crew to ensure all vehicles and equipment are returned to a state of operational\nreadiness;\n(7) The OIC has ultimate responsibility to ensure all vehicles and equipment are returned to a state\nof operational readiness;\n(8) No equipment is to be swapped between vehicles, lockers or added or removed from vehicles without\nprior consent of the Captain;\n(9) Equipment that is borrowed from the station (e.g. tables and chairs) must be approved by the\nCaptain and signed off station and on station via the occurrence book when the equipment is\nborrowed and returned;\n(10) No other personal other than Brigade members are permitted on station or on vehicles without the\nprior consent of the Captain.\n\n29 August 2024 GOVERNMENT GAZETTE, WA 2161\n7.8 Group Call, Short Message Service (SMS)\n(1) With the approval of the Captain, all Brigade members are entitled to be enrolled on the Brigade\nSMS system;\n(2) Probationary members are added to the Brigade SMS at the discretion of the Captain;\n(3) The placement of active members on the Brigade Group Call service shall be at the discretion of\nthe Captain;\n(4) The Captain may arrange to include active members on the Brigade Group Call service who have\nfulfilled the following requirements—\n(a) Completed the minimum training requirements as specified in Part 5 (clause 5.1);\n(b) Fulfilled all membership requirements, roles and responsibilities.\n(5) Members, who are not attending the incident, are not to answer the Group Call;\n(6) Members are to adhere to the Group Call Procedure;\n(7) If required, at the cessation of membership the member shall be immediately removed from the\nBrigade Group Call and SMS;\n(8) Group Call and SMS shall be used for Brigade business purposes only.\n7.9 Use of Mobile Phones and other Media Devices\n(1) The use of personal mobile phones during training or meetings is prohibited, unless permission is\ngranted by the Captain or OIC and if necessary, the Brigade Member will excuse themselves from\nthe training or meeting;\n(2) Mobile phones or other media devices are prohibited at Brigade activities including meetings,\ntraining or at any incident without the prior approval of the Captain or OIC present;\n(3) Any photographs or videos that are taken by Brigade members whilst at Brigade activities remain\nthe intellectual property of the Brigade and therefore the unauthorized use and/or distribution of\nsuch photos and/or videos is strictly prohibited;\n(4) Any public advertising, promotion, circulation or posting of any photos or videos depicting Brigade\nmembers, any incidents or other Brigade activities, DFES/Brigade equipment, property and/or\nBrigade members in uniform, PPC/PPE shall require the prior approval of the Captain and if\nrequired, DFES;\n(a) Mobile phones and other media devices, including hands-free, are not to be used by the driver\nwhilst driving vehicles;\n(b) Personal mobile phones lost or damaged during any Brigade activity including training,\nmeetings or at an incident will not be covered by insurance.\nPART 8—UNIFORMS/PERSONAL PROTECTIVE EQUIPMENT/PERSONAL PROTECTIVE\nCLOTHING\n8.1 General\n(1) When members are wearing Brigade provided uniform/PPE/PPC, they are deemed to be “on duty”\nand therefore members are to act in such a manner to ensure that they do not cause disrepute to\nthe City, DFES, the Brigade or the service;\n(2) All uniforms/PPE/PPC issued to a Brigade member remain the property of DFES and the Brigade.\nIf a Brigade member transfers to another Brigade, group or unit then any uniforms/PPE/PPC shall\nremain with the Brigade;\n(3) No dress uniform shall be provided to any probationary member;\n(4) Auxiliary members may be provided dress uniform as determined by the Brigade from time to time\nor the Captain;\n(5) Uniforms/PPE/PPC are not to be used by non-members of the Brigade;\n(6) Members shall not remove any PPE or PPC from the station unless prior consent has been given\nby the Captain or another Brigade Officer;\n(7) Members may keep their Dress Uniform at their place of residence except for their firefighting\nboots which are to be kept at the station;\n(8) Members shall exercise reasonable care in keeping uniforms/PPE/PPC clean and in good order at\nall times;\n(9) Members are not to mix uniforms/PPE/PPC with any personal clothing;\n(10) Members shall not wear uniforms/PPE/PPC in public unless on official duty and only with the prior\nconsent of the Captain;\n(11) All uniforms/PPE/PPC shall be returned immediately upon the cessation of membership, or when\nan active member becomes an auxiliary member;\n(12) Members with hair longer than shoulder-length must have their hair tied back at all times;\n(13) The only jewellery permitted to be worn when members are on duty is a wedding ring and a wrist\nwatch. Females are also permitted to wear earrings. Body piercings are strictly prohibited. No\njewellery should be worn to an incident;\n\n2162 GOVERNMENT GAZETTE, WA 29 August 2024\n(14) All Brigade property must be surrendered if the requirements for holding an active or reserve\nposition are not met over a period not exceeding three consecutive months unless prior\narrangements have been made (i.e. a letter notifying of Leave of Absence). Brigade property will\nthen be returned to the member on an availability basis once the member meets the required\nobligations;\n(15) Members are required to wear the correct level of always issued PPC and PPE whilst on duty;\n(16) Whilst undertaking maintenance, training or drills, members are required to wear sufficient PPE\nand PPC as directed by the OIC.\n8.2 Working Dress\n(1) All members are entitled to be issued with a Working Dress Uniform consisting of—\n(a) Level 1 Jacket and Trousers;\n(b) Level 1 gloves;\n(c) Level 1 helmet;\n(d) Issued boots;\n(e) BFS Polo Shirt and/or Brigade T-shirt.\n(2) Members are also permitted to wear—\n(a) BFS or plain peaked cap (outdoors only); or\n(b) BFS broad-brimmed hat (outdoors only).\n8.3 Dress Uniform\n(1) All active members are to be issued with Dress Uniform consisting of—\n(a) BFS Polo Shirt (Informal functions and Brigade activities);\n(b) Dress Trousers (Clean and pressed);\n(c) Black belt with BFS buckle or standard belt buckle;\n(d) Light Blue BFS dress shirt (Clean and pressed);\n(e) BFS Neck Tie (Only to be worn when instructed);\n(f) Softshell Jacket (Bomber Jacket);\n(g) Black shoes (if issued) (clean and polished); or\n(h) Firefighting boots (clean and polished);\n(i) Blue BFS Akubra broad-brimmed hat with BFS badge and Puggaree;\n(j) Appropriate Epaulettes;\n(k) Name badge (if issued);\n(l) Dress Uniform is to be worn as directed by the Captain.\n8.4 Personal Protective Clothing (PPC) Personal Protective Equipment (PPE)\n(1) PPC remains the property of the Brigade at all times and is to be returned upon the cessation of\nmembership or upon downgrading from ‘Active’ to ‘Auxiliary’ Member;\n(2) Members are responsible for maintaining their issued PPC/PPE;\n(3) Repairs to PPC/PPE are not to be done by members. Items in need of repair are to be submitted to\nan appropriate Brigade Officer, and arrangements for temporary PPC/PPE will be made;\n(4) Members are responsible for donning the correct PPC/PPE as determined by the type of incident to\nbe attended (See PPC/PPE Matrix);\n(5) Members are not to don any PPC/PPE in a Brigade vehicle which requires them to undo their\nseatbelt;\n(6) PPC/PPE is not to be worn inside the station in areas that are determined as being “Clean Areas”;\n(7) Access to emergency PPC/PPE is only to be done under the direction of a Brigade Officer.\nEmergency PPC/PPE is to be clean before it is returned.\nPART 9—ATTENDANCE, TRAINING AND MAINTENANCE\n9.1 Minimum Requirements\n(1) All active and probationary members are required to attend a minimum of 75% of all Brigade\nactivities. All Auxiliary members are required to attend at least 50% of all Brigade activities except\nfor incidents;\n(2) If a member is not able to attend or is going to be late to any Brigade activity, it is requested that\nthey place a courtesy call or message beforehand to a Brigade Officer notifying of their non-\nattendance or their lateness;\n(3) Members are to attend all Brigade activities in working dress unless directed otherwise;\n(4) Members who need to leave any Brigade activity early, are to obtain prior consent from the Captain\nor other Brigade Officer in attendance prior to the start of any Brigade activity.\n\n29 August 2024 GOVERNMENT GAZETTE, WA 2163\n9.2 Inability to meet minimum attendance requirements\n(1) Members who are unable to fulfill their minimum attendance requirements, for certain periods of\ntime are required to make the following submissions—\n(a) Absence for up to one (1) month—Written notification to the Captain;\n(b) Absence for up to (3) three months—Complete Leave of Absence form for submitting to the\nCaptain for approval;\n(c) Absence for up to six (6) months—Complete Leave of Absence form for submitting to the\nCaptain for approval.\n(d) Absence for greater than six (6) months—\n(i) Complete Leave of Absence form for submitting to the Captain for approval;\n(ii) downgrade to an auxiliary member status; and\n(iii) return all uniforms, PPE and PPC.\n9.3 Action on non-attendance.\n(1) If a member fails to make the appropriate submissions for their absence, they will receive a notice\nfrom the Captain after three (3) months in regard to an explanation for their lack of attendance;\n(2) If the member does not attend as required or supply the Brigade with the appropriate submissions\nas stated in Clause 5.3 within 2 weeks of the notice, they will receive a letter stating that they have\na further two weeks to speak with a Brigade Officer in regards to their intentions or be removed\nfrom the active member list, removed from the SMS list and required to return their PPC/PPE;\n(3) If the member makes no response to this correspondence, they may be asked to resign or\narrangements to remove them as a member of the Brigade will commence. Where this action occurs,\nit must be voted on at a Brigade meeting;\n9.4 DFES Training Courses\n(1) Subject to the availability of training courses, a new member is expected to complete the following\ntraining in the probationary period—\n(a) Induction;\n(b) Bushfire Safety Awareness;\n(c) Bushfire Fighting Skills;\n(d) AIIMS Awareness;\n(e) Basic WAERN Radio Communications.\n(2) It is then expected that a new member will apply for other courses as applicable;\n(3) Enrolment to any DFES training course shall be completed via the DFES Training System. It is\nexpected that Active Firefighters will work to complete the DFES BFS Bush Firefighter which is\nincluded in the following DFES Bush Fire Service Training Program—\n(a) BFS Bush Firefighter;\n(b) BFS Advanced Firefighter—Role Based;\n(c) BFS Leadership; and\n(d) Specialist/Optional Courses.\n(4) At least one (1) month prior to the closing date for nominations for the course, all course\nnominations shall be submitted to DFES and approved by the Captain, or Training Coordinator.\nAn application is not a guarantee of acceptance onto a course and the Captain, Training\nCoordinator or DFES staff can decline a course nomination;\n(5) Members who are accepted to attend a course are to remember that they are representing the\nBrigade and are therefore to act in a manner that will not cause disrepute;\n(6) Should members need to withdraw from a course, members must immediately inform the Course\nCoordinator prior to the course as well as the Captain or Training Coordinator of the Brigade.\nMembers are also required to inform the Course Coordinator as well as the Captain or Training\nCoordinator of the Brigade if they will be unexpectedly absent or late for a course. Failure to notify\nas per requirements may jeopardise a member’s attendance at other subsequent training courses;\n(7) Members are responsible for following the joining instructions for a course; including wearing the\ncorrect uniform and having the correct PPE/PPC for the type of course being conducted. If the\nmember has not yet been issued with required PPE/PPC they will need to arrange their PPE/PPC\nthrough an appropriate Brigade Officer beforehand.\n9.5 Brigade Contribution toward Qualification, License or Training\n(1) Where the Brigade requires a member to obtain a certain qualification, licence or training that will\nassist the Brigade fulfil its operational profile, achieve the Brigade operational readiness and the\nBrigade objectives, the Brigade may determine to contribute towards the out of pocket expenses of\na member who has obtained the Brigade required qualification, training, or licence;\n(2) Sub clause (1) shall only apply to members that have been a Brigade member for a continual period\nof at least 24 months;\n(3) The amount of contribution, the terms and conditions of the contribution shall be determined by\nthe Brigade from time to time;\n\n2164 GOVERNMENT GAZETTE, WA 29 August 2024\n(4) Any contribution towards a member’s qualification, licence or training out of pocket expenses are\nto be determined at a meeting of the Brigade by a majority vote of Brigade members present at the\nmeeting;\n(5) In accordance with sub clause (1) to sub clause (4), the Brigade may contribute up to $500 towards\nthe cost of a member who obtains their MR or HR class WA Drivers Licence;\n(6) Any contribution towards any reimbursement in accordance with Clause (v) may either be as a once\noff payment, by instalments or by another method of payment as determined by the Brigade;\n(7) Any contribution towards any reimbursement in accordance with Clause (v) will only be for one\nBrigade member per month or a period of time as otherwise determined by the Brigade from time\nto time.\n9.6 Brigade Training\n(1) Training drills are held at a time as determined by the Brigade or the Captain, but as a minimum\nmust be held at least once per month.\n9.7 Vehicle and Equipment Maintenance/Checks\n(1) Vehicle and Equipment Maintenance/Checks are to be conducted by all active and probationary\nmembers on a regular basis as determined by the Captain. Auxiliary members are also able to conduct\nVehicle and Equipment Maintenance/Checks with the approval of the Captain.\nFIRST SCHEDULE\nRULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADE\nPART 1—PRELIMINARY\n1. Interpretations\n(1) In these rules unless the context otherwise requires, where a term is used in these rules and is\ndefined in the local law, the Act or the Regulations, then the term is to be taken to have the meaning\nassigned to it in the local law, the Act or the Regulations, as the case may be.\n(2) In these Rules, unless the context otherwise requires—\nAppliance means a Brigade vehicle as provided by the City or DFES and used by the Brigade for\nfirefighting and associated purposes;\nArea Officer means a person in the position of Area Officer as appointed and employed by DFES\nmeans the Department of Fire and Emergency Services;\nAssociation of Volunteer Bush Fire Brigade (AVBFB) means the AVBFB as established and\nincorporated to represent the Bush Fire Volunteers of WA;\nBrigade Activity has the same meaning as Normal Brigade Activities as defined in Section 35A\nof the Act;\nCommissioner means the FES Commissioner;\nCommittee means a advisory committee established by the Brigade to undertake a specific or\nsupportive role as defined in Section 67 of the Act;\nDFES means the Department Fire Emergency Services\nFire Station means the Bunbury Bushfire Brigade Fire Station located at Clements Street,\nDavenport;\nPersonal Protective Clothing (PPC) means the Personal Protective Clothing as provided to\nmembers by the Brigade;\nPersonal Protective Equipment (PPE) means the Personal Protective Equipment as provided\nto members by the Brigade;\nOIC means Officer in Charge;\nStation has the same meaning as ‘Fire Station’;\nVehicle has the same meaning as ‘Appliance’ where the context requires;\nVehicle Fault Report (VFR) means the Vehicle Fault Report that is required to be completed to\nrecord any damage, faults to Brigade Vehicles or equipment.\nPART 2—OBJECTS AND MEMBERSHIP OF A BUSH FIRE BRIGADE\n2.1 Objects of bush fire brigade\n(1) The objects of the bush fire brigade are to carry out—\n(2) The normal brigade activities; and\n(3) The function of the bush fire bridged which are specified in the Act, the Regulations, and the local\nlaw.\n2.2 Membership Levels and Brigade Memberships\n(1) The total number of members of the Brigade, or of categories of membership of the Brigade, may\nbe determined by the Brigade from time to time and may be set or varied by a simple majority vote\nat an ordinary meeting or the AGM of the Brigade.\n(2) The total number of active members, probationary or auxiliary members of the Brigade is not to be\ngreater than the number that is determined by the Brigade from time to time.\n\n29 August 2024 GOVERNMENT GAZETTE, WA 2165\n(3) The number of active members of the Brigade is to be greater than the number of members of any\nother category of membership of the Brigade (excluding cadet members), and the active members\nare to include the Brigade Officers.\n(4) For the purposes of sub clause (1), a member of a Brigade who has been granted a Leave of Absence\nfor a period greater than 3 months is not to be counted towards the total number of members of the\nBrigade while the member is on leave.\n2.3 Membership Criteria\nTo become a member of the Brigade, a person must fit the following criteria—\n(1) Be in good health;\n(2) Be at a level of fitness to undertake the relevant membership roles and responsibilities;\n(3) Be of good moral character;\n(4) Be over the age of 16;\n(5) Have not been struck off, had their membership terminated, removed or cancelled from any\norganisation, club, Brigade, group or unit;\n(6) Be able to fulfill the minimum attendance requirements.\n(7) Members from 16 years are eligible if they have parental/guardian consent and the brigade’s\ncaptain is satisfied that the prospective member is able to perform the requisite duties.\n2.4 Membership Application Process\n(1) Any enquiry for membership of the Brigade will be followed up by a Brigade elected officer as\ndetermined by the Brigade from time to time;\n(2) The Brigade Officer shall issue the following to the new applicant—\n(a) expression of Interest Form;\n(b) the ‘Expectations of an active member of the Bunbury Volunteer Bushfire Brigade’;\n(c) any other information for new membership applicants as determined by the Brigade from time\nto time.\n(3) Upon receipt of the information stated in sub clause (2) if the applicant wants to progress with their\napplication;\n(4) An interview with the new applicant shall be arranged with Brigade Officers at which time the\nInterview Form as determined by the Brigade from time to time shall be completed with all relevant\ninformation;\n(5) Brigade Officers shall determine whether the new applicant is a “suitable person” from the\ninformation provided at interview by the new applicant;\n(6) The term “suitable person” shall be determined by the following—\n(a) of the required age to be a member in accordance with DFES and Brigade requirements;\n(b) reside within a suitable distance of the fire station to facilitate attendance and mobilisation to\nemergency incidents. A suitable distance refers to 15-kilometre radius of the fire station;\n(c) be of good health—without past or pre-existing illness or injury that may preclude the applicant\nfrom contributing to the Brigade and fulfil the requirements as a Brigade member;\n(d) have not had their membership terminated, removed, or cancelled from another organisation,\nclub, emergency services Brigade, Group or Unit;\n(e) applicant can provide a “Transfer Clearance” in the prescribed form from a previous Brigade,\ngroup or unit to which the applicant was a member;\n(f) if required by the Brigade, the applicant can provide at least 2 referees from another Brigade,\ngroup or unit and/or an employer;\n(g) applicant would be able to apply for and receive a National Police Clearance Certificate free\nfrom convictions and if required by the Brigade, a Working with Children’s Clearance.\n2.5 Decision on application for membership\n(1) the Committee may—\n(a) approve an application for membership unconditionally or subject to any conditions; or\n(b) refuse to approve an application for membership.\n2.6 DFES to be notified of registrations\nIf any application for membership is approved, the Secretary of the bush fire brigade is to supply\nregistration details to the Department within 14 days of a person being admitted to membership in the\nform required by the Department from time to time.\n2.7 Probationary Period\n(1) Subject to Clause 2.6, the Brigade shall determine if the applicant should become a probationary\nmember of the Brigade and the Brigade shall determine the period of the probation, which is to be\na minimum of 3 months;\n(2) If the applicant has previously been an active member of another Brigade, group or unit, they may\nprogress straight to the active ranks; if—\n(a) the applicant has been a member of another Brigade, group or unit for more than twelve (12)\nmonths and has completed the training as described at Clause 5.5; and\n\n2166 GOVERNMENT GAZETTE, WA 29 August 2024\n(b) at the Brigade meeting the majority of the members present agree to the applicant being an\nactive member of the Brigade.\n2.8 Termination of Membership\n(1) Membership of the bush fire brigade terminates if the member—\n(a) Dies;\n(b) Gives written notice of resignation to the Secretary;\n(c) Is. In the opinion of the Committee, permanently incapacitated by mental or physical ill health;\n(d) Is dismissed by the Committee.; or\n(e) Ceases to be a member.\n2.9 Suspension of Membership\n(1) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the\nCommittee, circumstances warrant suspending the member;\n(2) The period of suspension shall be at the discretion of the Committee;\n(3) Upon the expiry of the period of suspension the Committee may—\n(a) Extend the period of suspension;\n(b) Terminate the membership: or\n(c) Reinstate the membership.\n2.10 Existing Liabilities to continue\n(1) The resignation or dismissal of a member under clause 2.9 does not affect any liability of the brigade\nmember arising prior to the date of resignation or dismissal.\n2.11 Member has right of defence\n(1) A brigade member is not to be dismissed without being given the opportunity to meet with the\ncommittee and answer any charges which might give grounds for dismissal.\n2.12 Objection Right\n(1) A person whose—\n(a) Application for membership is refused under clause 2.6(1)(b)\n(b) Membership is terminated under clause 2.9(1)(c), clause 2.9(1)(b); or\n(c) Membership is suspended under clause 2.10(1) or clause 2.10(3)(a).\n(2) Has the right of objection to the local government which may dispose of the objection by—\n(a) Dismissing the objection;\n(b) Varying the decision objected to; or\n(c) Revoking the decision objected to, with or without—\n(i) substituting for it another decision; or\n(ii referring the matter, with or without directions, for another decision by the Committee.\n2.13 Life Membership\n(1) A nomination for Life Membership can be submitted to the Brigade by any member of the Brigade;\n(2) A nomination for Life Membership shall be in writing and shall adequately address the following\ncriteria—\n(a) the member being nominated has demonstrated significant, sustained and exemplary service\nto the Brigade;\n(b) the member being nominated has fulfilled significant service as a fire fighter or a Brigade\nOfficer or an Office Bearer;\n(c) the member being nominated has demonstrated the attitude, demeanour and dedication to the\nBrigade and the service;\n(d) the member being nominated has demonstrated leadership qualities and has been an excellent\nrole model, has diligently undertaken their role and responsibilities and enhanced the\nreputation for the Brigade and the service;\n(3) A nomination for Life Membership shall be presented to the Committee for consideration;\n(4) The Committee shall consider the nomination for Life Membership in accordance with the criteria\nand present a recommendation to the Brigade at the next ordinary meeting of the Brigade to either\naccept or not to accept the nomination;\n(5) The Brigade shall consider the recommendation as presented by the Committee and the Brigade\nshall determine to either accept or not accept the nomination for Life Membership by majority vote\nof the Brigade;\n(6) If the Brigade accepts the nomination for Life Membership, the Secretary shall apply to the AVBFB\nfor the Life Membership medallion;\n(7) The Brigade shall arrange to present the Life Membership medallion at the next available formal\nfunction of the Brigade;\n(8) If required, the Brigade shall ensure that the details of the Life Member are inscribed on the Life\nMembership board of the Brigade.\n\n29 August 2024 GOVERNMENT GAZETTE, WA 2167\nPART 3—BRIGADE MEETINGS\n3.1 Monthly Meetings\n(1) Ordinary meetings of the Brigade shall be held at least four times per year at a day and a time as\ndetermined by the Brigade or the Captain from time to time;\n(2) The Captain shall preside at each of the Brigade monthly meetings. If the Captain is absent from\nthe monthly meeting, then the 1st Lieutenant shall preside and if the Captain and 1st Lieutenant\nare both absent then the Chairperson shall be the next senior member of the Brigade that is present\nat the meeting;\n(3) All active, probationary and auxiliary members are to attend or submit their apology to the Captain\nprior to the meeting;\n(4) Members are to be in uniform, neat tidy casual clothing or in work attire if attending the meeting\ndirectly from their place of work;\n(5) Only active and auxiliary members are entitled to one vote each on any motions put at the Brigade\nmeeting;\n(6) Probationary members are not entitled to move or second any motions put at a Brigade meeting\nand are not entitled to vote on any motions put at a Brigade meeting;\n(7) Life Members are welcome to attend Brigade meetings, however they are not entitled to vote unless\nthey are an active or auxiliary member of the Brigade;\n(8) With the approval of the Captain, visitors are welcome to attend Brigade meetings, however they\nare not permitted to take part in discussions, are not to be disruptive to the meeting and shall\nimmediately leave the meeting if requested to do so by the Captain or the Brigade member who is\npresiding over the meeting;\n(9) Any Brigade member who wants to speak on any item on the agenda of the Brigade meeting shall\nonly do so once invited by the Captain or the Brigade member who is presiding over the meeting;\n(10) The Captain or the Brigade member who is presiding over the meeting may request that a Brigade\nmember leave a Brigade meeting should the Captain determine that the Brigade member is being\ndisruptive, overly argumentative or acting in a manner that is not conducive to the benefit of the\nothermembers present at the meeting or beneficial to the overall outcome of a matter that is being\npresented or debated at the meeting.\n3.2 Annual General Meetings (AGM)\n(1) The Brigade AGM shall be held in July annually or at a time as determined by the Brigade or the\nCaptain from time to time;\n(2) Notification of the Brigade AGM shall be circulated to all Brigade members by the Secretary at\nleast 14 days prior to the AGM;\n(3) Nomination forms for the Brigade Officers and office bearer positions will be in the prescribed form\nas at APPENDIX 1 and circulated to all members in June annually and at least fourteen (14) days\nprior to the date of the AGM;\n(4) An Eligible member of the Brigade can nominate for any one of the Brigade Officer positions or any\none of the office bearer positions;\n(5) Nomination forms for the Brigade Officers or office bearer positions shall be submitted to the\nBrigade Secretary no more than fourteen (14) days prior to the AGM;\n(6) Nomination forms received by the Secretary after the closing time for nominations to be received\nshall be deemed invalid;\n(7) Nomination forms shall be completed and signed by a member who is nominating for a particular\nBrigade Officer position or office bearer position and no other member of the Brigade can nominate\nanother member of the Brigade for a Brigade Officer position or office bearer position;\n(8) A Selection Panel shall be established and appointed by the Brigade to determine each nomination\nand the suitability of the nominee to fulfil the position as nominated.\n(9) The Selection Panel shall consist of the following—\n(a) Captain;\n(b) Lieutenants;\n(c) Secretary; and\n(d) Two (2) active members as elected by the Brigade.\n(10) The Selection Panel shall be appointed by the Brigade to meet to determine each nomination and\nthe suitability of the nominee to fulfil the position as nominated. This shall apply even if there is\nonly one (1) nomination received for any of the Brigade Officer position or office bearer positions;\n(11) The Selection Panel shall determine the suitability of any nominee for a Brigade Officer position in\naccordance with the selection criteria and shall determine the suitability of any nominee for any of\nthe other office bearer positions;\n(12) Should a nominee for a particular position be from the Selection Panel then they are to be excused\nfrom determining the particular position that they have nominated for and leave the meeting until\nsuch time as the nominations for the particular position that they have nominated for have been\ndetermined by the remaining Selection Panel members;\n(13) Any nominee that is determined by the Selection Panel as not fulfilling the criteria for a Brigade\nOfficer position or any of the other office bearer positions shall be advised prior to the AGM;\n\n2168 GOVERNMENT GAZETTE, WA 29 August 2024\n(14) All nominations shall be circulated to all Brigade members prior to the AGM stating the name of\neach of the nominees, the position that they have nominated for and the reasons for their suitability\nor unsuitability;\n(15) Members are to wear Dress Uniform or neat, tidy clothing to the AGM. With the approval of the\nCaptain, work attire shall be permitted should members attend the AGM directly from their place\nof work;\n(16) All active, probationary and auxiliary members must attend the AGM or submit their apology in\nwriting to the Captain prior to the AGM;\n(17) Life Members are welcome to attend the AGM, however they may not vote unless they are an active,\nor auxiliary member of the Brigade;\n(18) Only active and auxiliary members are entitled to only one vote on any motion put at the AGM;\n(19) Only active and auxiliary members are entitled to only one vote in the election of each of the\npositions for Brigade Officers and office bearer positions.\n3.3 Election of Brigade Officers and Office Bearers\n(1) At the AGM, the Captain shall call upon two (2) suitable members present at the AGM for the\nholding of elections. One (1) of the suitable members shall act as the Returning Officer and the\nother suitable member shall assist the Returning Officer. Should no suitable members be present,\nthe Captain shall preside with the assistance of a Brigade member as selected by the majority of\nthe members present;\n(2) The Returning Officer shall call for all positions to be vacant and read aloud the nominations\nreceived for each Brigade Officers and office bearer positions;\n(3) The election of Brigade Officers and office bearer positions will be in the following order—\n(a) Captain;\n(b) Lieutenants;\n(c) Secretary;\n(d) Treasurer;\n(e) Auditors (x 2);\n(f) Training Coordinator;\n(g) Equipment Coordinator;\n(h) PPE/PPC Coordinator;\n(i) Personnel Coordinator;\n(j) Social and Fundraising Coordinator;\n(k) Any other positions as determined necessary by the Brigade.\n(4) The Returning Officer shall determine from the majority vote of the Brigade members present at\nthe AGM whether a vote for the election of Brigade Officers and office bearer positions will be\nundertaken by a show of hands or by secret ballot;\n(5) If the decision of the Brigade is that the voting shall be conducted by secret ballot the nominees\nthat may be subject to the voting shall remain and may participate in the secret ballot;\n(6) If the decision of the Brigade is that the voting shall be conducted by a show of hands the nominees\nthat may be subject to the voting shall be asked to leave the meeting at the appropriate time to\nenable the vote to be conducted;\n(7) Once the voting for the position that was subject to voting by a show of hands has been concluded\nthe nominees shall be invited to return to the AGM and be informed as to the outcome of the vote;\n(8) All votes for each nominee, for each position shall be tallied and shall be recorded in the minutes\nof the AGM;\n(9) Should there be a tie in the voting for any of the Brigade Officers and office bearer positions the\nvoting shall continue until such time as one of the nominees has received the majority of votes of\nthe members present;\n(10) The outcome from voting shall be determined by a simple majority;\n(11) Within seven (7) days of the date of the AGM, the Brigade Secretary shall inform the City and\nDFES the details of the Brigade member that has been elected to each of the Brigade Officers and\noffice bearer positions as listed at sub clause (3).\n3.4 Extraordinary Elections\n(1) An extraordinary election shall be held where a Brigade Officer or office bearer position as\ndescribed in sub clause (3) is vacated at any stage; and\n(a) the Brigade determines by resolution that the Brigade Officer or office bearer position shall be\nfilled; or\n(b) the City directs the Brigade that the Brigade Officer or office bearer position shall be filled;\n(2) When it is determined that a Brigade Officer or Office Bearer position is to be filled, in accordance\nwith Clause (6.3) (4), the Secretary shall cause a notice to be issued to all members informing, of\nthe extraordinary election;\n(3) The notice informing of the extraordinary election shall specify the day, time and location at which\nthe election is to be held and inviting nominations for the vacant Brigade Officer or Office Bearer\nposition;\n\n29 August 2024 GOVERNMENT GAZETTE, WA 2169\n(4) The process for the issuing and processing of nominations for the vacant Brigade Officer or Office\nBearer position shall be in accordance with in Clause (6.2);\n(5) The procedure for the holding of an election shall be in accordance with sub clause 6.2;\n(6) Within seven (7) days of the date of the extraordinary election, the Brigade Secretary shall inform\nthe City and DFES the details of the Brigade member that has been elected to the position that\nhad previously been declared vacant.\n3.5 Special Brigade Meeting\n(1) A special meeting of the Brigade may be convened by the Captain or Secretary;\n(2) The Secretary must convene a special meeting of the Brigade if requested in writing to do so by at\nleast five (5) active members of the Brigade;\n(3) A special meeting must be held within fourteen (14) days after the request (under (ii) above) is\nreceived by the Secretary;\n(4) At least five (5) days prior to the commencement of the meeting, a notice of any special meeting of\nthe Brigade must be given to all active, probationary and auxiliary members of the Brigade;\n(5) Notice of a special meeting—\n(a) must be given by the Secretary;\n(b) given by written notice to each member personally or by postal or electronic mail;\n(c) must set out the date, time and location of the special meeting;\n(d) must be approved and authorised by the Captain; and\n(e) must describe the reason/s for the special meeting and set out an agenda for the meeting.\n3.6 Executive Management Committee\n(1) The Brigade will establish an Executive Management Committee that shall consist of the following\npositions—\n(a) Captain;\n(b) Secretary\n(c) Treasurer;\n(d) Lieutenants;\n(2) The Management Committee shall meet at least one (1) week prior to a Brigade meeting, or more\noften, as determined by the Executive Management Committee or the Brigade;\n(3) The Executive Management Committee shall be responsible to consider any matters relating to the\nfinancial, administrative, operational, general management or strategic direction of the Brigade\nand to make recommendations to the Brigade meetings on such matters;\n(4) With the approval of the Brigade, members of the Executive Management Committee may be\nresponsible to represent the Brigade and only the views of the Brigade at meetings, events,\nworkshops, seminars, and other such events where any matters relating to the financial,\nadministrative, operational, general management or strategic direction of the Brigade may be\nraised, discussed, debated or negotiated;\n(5) When members of the Executive Management Committee attend any events as described in sub\nclause (2), where any matters relating to the financial, administrative, operational, general\nmanagement or strategic direction of the Brigade may be raised, discussed, debated or negotiated\nthe members of the Executive Management Committee are not to provide their own opinion and\nare to only provide the views of the Brigade;\n(6) In these circumstances, members of the Executive Management Committee are not to make any\ndecisions on behalf of the Brigade unless a decision from the Brigade has already been made and if\nnot, members of the Executive Management Committee are to refer any matters back to the Brigade\nfor determination that have been raised relating to the financial, administrative, operational,\ngeneral management or strategic direction of the Brigade;\n(7) The Captain will, if present at a meeting of the Executive Management Committee, preside at the\nmeetings and, in the absence of the Captain, the highest ranked Lieutenant present at the meeting\nshall preside;\n(8) The quorum of the Executive Management Committee shall be at least one presiding member and\nat least four other members;\n(9) A decision carried by the votes of at least four members present at a meeting of the Executive\nManagement Committee shall be determined as the decision of the Executive Management\nCommittee;\n(10) Each member present at a meeting of the Executive Management Committee is entitled to one vote\non a matter arising for decision by the Executive Management Committee (and the person presiding\nat the meeting shall not have, in the event of an equality of votes, a second or casting vote). Should\nthere be an equality of votes in any matter being decided by the Executive Management Committee\nthen the matter shall lapse;\n(11) The Executive Management Committee shall keep minutes of its proceedings, including any\ndecisions made by the Executive Management Committee and these minutes shall be tabled at the\nnext ordinary meeting of the Brigade;\n\n2170 GOVERNMENT GAZETTE, WA 29 August 2024\n(12) Subject to this Clause, and any direction of the Brigade, the City or DFES, a meeting of the\nExecutive Management Committee will be conducted in such a manner as the Executive\nManagement Committee may determine and as approved by the Brigade.\nPART 4—GENERAL ADMINISTRATIVE MATTERS\n4.1 Brigade Organisational Structure\n(1) The Brigade shall determine from time to time the organisation structure of the Brigade for the\npositions as stated at sub clause 6.3 (3);\n(2) The Brigade organisational structure shall be determined at an ordinary meeting of the Brigade or\nat Brigade AGM or at a special meeting of the Brigade;\n(3) Once determined in accordance with (ii), the organisational structure of the Brigade shall be\ncirculated to all Brigade members.\n4.2 Brigade Financial Records.\n(1) The requirements for the management of the Brigade financial records and the recording of all\nBrigade financial transactions and events is the duty of the Treasurer and the Brigade appointed\nauditors;\n(2) The financial compliance requirements for the Brigade will be as follows;\n(3) In conjunction with the Captain or delegate, the Treasurer shall manage all finances on behalf of\nthe Brigade and provide all information, records, documents, books relating to all Brigade income\nand expenditure.\n4.3 Brigade Accounts at Financial Institutions\n(1) The Brigade shall, at each AGM, determine where it will maintain its accounts for the ensuing\nfinancial year;\n(2) The Brigade shall appoint three (3) Brigade Members as signatories on its accounts. The signatories\nshall be;\n(a) Captain\n(b) Treasurer\n(c) One other Brigade Member appointed by the Brigade;\n(3) A minimum of two (2) signatories, one of which must be the Captain, shall sign any cheques,\naccount withdrawal forms or conduct Electronic Funds Transfer;\n(4) No two (2) members of the same family are to be co-signatories for the purpose of signing cheques,\naccount withdrawal forms or conducting Electronic Funds Transfer.\n4.4 Expenditure of Brigade Funds\n(1) No Brigade funds shall be expended without the prior approval of the Captain or the Brigade;\n(2) For ‘urgent operational purposes’ only, the Captain may approve the expenditure of up to $300 to\nensure the ongoing administration and operation of the Brigade. Prior to the expending of any\nfunds the Captain shall seek the approval of the Executive Management Committee identifying the\nreason for the expenditure, the amount of the expenditure and the reason as to why the expenditure\ncannot wait for the next Brigade meeting;\n(3) The term ‘urgent operational purposes’ shall mean the expending of funds on any items that are\ndeemed necessary to allow the Brigade to function administratively, operationally and the purchase\nof any item or items that cannot wait for the next Brigade meeting;\n(4) The Treasurer shall arrange with the Secretary to post on the agenda for the next Brigade meeting\ninformation relating to any funds that have been expended.\n4.5 Purchase of Goods or Services by Members\n(1) If required, members may purchase goods or services by expending their own funds;\n(2) The purchase of goods or services by the expending of a Brigade members own funds shall only be\nconsidered once all other avenues of purchasing the goods or services by the Brigade i.e. cash, EFT,\ncheque have been exhausted;\n(3) Members shall not purchase any goods or services without prior approval of the Captain or in the\nabsence of the Captain, the 1st Lieutenant;\n(4) A member may purchase the goods or services as approved and shall complete the Expenditure\nReimbursement Form, and immediately submit the form to the Treasurer for reimbursement;\n(5) Information relating to any funds that have been expended in accordance with Clause (2) shall be\nplaced on the agenda at the next ordinary meeting of the Brigade Members shall not purchase any\ngoods or services without prior approval of the Captain or in the absence of the Captain, the 1st\nLieutenant;\n(6) The Brigade may determine not to reimburse any member who has purchased goods or services\ncontrary to sub clause 3.\n4.6 Service Competitions (Games)\n(1) The Brigade shall determine from time to time by a majority vote of the Brigade whether or not the\nBrigade will be involved with the service type competitions and games;\n\n29 August 2024 GOVERNMENT GAZETTE, WA 2171\n(2) Participants in competition or games must be an active, reserve, probationary or auxiliary member\nof the Brigade;\n(3) Dependent upon membership status, participants in the service competitions must contribute to\nBrigade operations and activities including attending incidents, training, maintenance,\nfundraising, social and other Brigade activities as determined by the Brigade from time to time;\n(4) Participants must live within the Bunbury district unless otherwise approved by the Brigade;\n(5) The Brigade shall not attend interstate competitions unless approved at a Brigade meeting by the\nmajority vote of the Brigade members present at the Brigade meeting;\n(6) The cost of attending any competitions or games shall be borne by those members competing unless\notherwise approved by the Brigade;\n(7) Any expenditure required for competition or games related costs shall require the approval of the\nBrigade;\n(8) Any person being a member of the Brigade shall require the approval of the Captain or the Brigade\nto compete as a representative of the Brigade and/or wear, use, lend, transfer any clothing or any\nequipment bearing the Brigade name or belonging to the Brigade.\n4.7 DFES and City Staff Visits\n(1) DFES and City staff may visit the Brigade from time to time to discuss operational and\nadministrative matters pertaining to the Brigade;\n(2) If required, members shall attend all such visits or submit their apology in writing to the Captain\nbeforehand.\nAPPENDIX 1\nDated: 22 August 2024.\nThe Common Seal of the City of Bunbury was affixed under the authority of a resolution of Council in\nthe presence of—\nTRESSLYN SMITH, Deputy Mayor.\nALAN FERRIS, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is a standard local law made under the Bush Fires Act 1954 and Local Government Act 1995. It replaces the 2023 version of the same law. The scope remains consistent with its original purpose: establishing and regulating a volunteer bush fire brigade for the City of Bunbury. While detailed, it does not appear to have expanded beyond the traditional remit of brigade governance, membership, equipment, and operations."},"complexity_factors":["Length: Approximately 70 clauses across 9 Parts plus a detailed First Schedule (Rules), spanning 19 pages in the Gazette","Cross-referencing: Heavy reliance on external legislation (Bush Fires Act 1954, Local Government Act 1995, Road Traffic Code 2000) and DFES policies without reproducing their content","Defined terms: 15+ defined terms in the main law, plus additional definitions in the First Schedule Rules","Nested conditions: Multiple layered requirements for membership progression (e.g., Clause 4.5 for cadets, Rule 2.7 for probationary periods), voting procedures (Clause 3.3), and expenditure approvals (Rule 4.4)","Procedural density: Detailed election procedures (Selection Panel, Returning Officer, secret ballot vs show of hands), meeting quorums, and specific timeframes for notifications (14 days, 7 days, etc.)","Dual governance structure: Overlapping responsibilities between the Brigade's internal Executive Management Committee, the Bush Fire Advisory Committee, the Chief Bush Fire Control Officer, and the City Council","Conditional exceptions: Multiple 'unless' and 'if' clauses regarding attendance requirements, leave of absence, and emergency vehicle operation (Clause 7.6)","Inconsistencies/typos: Minor errors (e.g., 'Cade members' instead of 'Cadet', 'bush fire bridged' instead of 'brigade', clause numbering errors in Rule 2.12) that create minor interpretive friction"],"plain_english_summary":"This City of Bunbury local law establishes how the Bunbury Volunteer Bush Fire Brigade is formed and run — who may join, how officers command at fires, safety and conduct rules, training and equipment requirements, and financial/governance accountability.  \n\nIt affects volunteer firefighters, brigade officers and the Council, and matters because it creates a disciplined, trained, and accountable volunteer response to serious bushfire risk."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the City of Bunbury Bush Fire Brigade Local Law 2023 (cl.1.3) and substitutes a prescriptive regime covering establishment, officer appointments, membership categories, conduct, training and equipment reporting. Key scope shifts visible in the text include: the City’s power to establish or cancel brigades (cl.2.1, cl.2.6); officer appointments that expire at the first AGM (cl.2.2(4)); new membership eligibility and selection rules including a 15 km residence guideline and police/working-with-children checks (First Schedule cl.2.4); firm attendance and training minima (cl.9.1, cl.9.4); fixed budget and reporting dates for funding/equipment (cl.6.3–6.4, cl.6.2); DFES notification timing (First Schedule cl.2.6). Transitional provision treats existing brigades as established under this law but excepts clause 2.2 (naming/appointment mechanics) (cl.2.5), so administrative arrangements for current brigades will need alignment with the new detailed Rules."},"complexity_factors":["Multiple cross-references to the Bush Fires Act 1954, its Regulations and DFES policy creating layered legal obligations (see cl.1.4, cl.3.3)","Detailed procedural rules and internal governance in the First Schedule (membership criteria, election processes, meeting/quorum rules)","Significant administrative deadlines and reporting obligations (e.g. DFES notification within 14 days cl.2.6; funding request by 31 March cl.6.3; equipment report by 31 May cl.6.2)","Discretion distributed across actors: local government (establish/dissolve brigades cl.2.1,2.6), Captain and Brigade Officers (operational control cl.2.3, member management cl.5.1), and DFES (training/approval references)","Mandatory operational requirements and attendance thresholds that affect individual obligations (attendance minimums cl.9.1; training expectations cl.9.4)","Transitional and repeal mechanics altering existing arrangements (repeal cl.1.3; transitional cl.2.5) increasing implementation steps","Interactions between brigade rules and external codes (City or DFES Codes of Conduct take precedence cl.7.1(2))","Numerous sanctions, removal and objection processes requiring procedural fairness (termination/suspension cl.2.8–2.12)"],"plain_english_summary":"This local law sets out how the City of Bunbury’s volunteer bush fire brigade is created, run and regulated. It defines officer roles, membership categories and duties, conduct rules, training and equipment reporting, and how the City and DFES are to be notified and may fund or dissolve brigades. It matters because it fixes who decides (the City, brigade officers, DFES), who pays (City budgets, occasional member reimbursements), and what members must do to join, train, attend and keep equipment ready."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-bunbury-bush-fire-brigades-local-law-2024","history":"/api/acts/city-of-bunbury-bush-fire-brigades-local-law-2024/history","analysis":"/api/acts/city-of-bunbury-bush-fire-brigades-local-law-2024/analysis","conflicts":"/api/acts/city-of-bunbury-bush-fire-brigades-local-law-2024/conflicts","importantCases":"/api/acts/city-of-bunbury-bush-fire-brigades-local-law-2024/important-cases","documents":"/api/acts/city-of-bunbury-bush-fire-brigades-local-law-2024/documents"}}