{"id":"wa-local:pingelly-shire-of-shire-of-pingelly-bush-fire-brigades-local-law-2022","name":"Shire of Pingelly Bush Fire Brigades Local Law 2022","slug":"shire-of-pingelly-bush-fire-brigades-local-law-2022","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438771,"registerId":"wa-local:pingelly-shire-of-shire-of-pingelly-bush-fire-brigades-local-law-2022-pdf-1775955064923","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of Pingelly Bush Fire Brigades Local Law 2022","content":"4889\nISSN 2204-4264 (online)\nPERTH, MONDAY, 10 OCTOBER 2022 No. 147 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\n_________\nSHIRE OF PINGELLY\n———————————\nBUSH FIRE BRIGADES\nLOCAL LAW 2022\n\n\n\n10 October 2022 GOVERNMENT GAZETTE, WA 4891\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF PINGELLY\nBUSH FIRE BRIGADES LOCAL LAW 2022\nCONTENTS\nPART 1-PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Definitions\n1.4 Repeal\n1.5 Application\nPART 2-ESTABLISHMENT AND CANCELLATION OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a Bush Fire Brigade\n2.1 Establishment and naming of a bush fire brigade\n2.2 Appointment of brigade officers\nDivision 2—Transitional\n2.3 Existing bush fire brigades\nDivision 3—Cancellation of a Bush Fire Brigade\n2.4 Cancellation of a bush fire brigade registration\n2.5 New arrangement after cancellation of registration\nPART 3-OBJECTIVE, ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—Objectives of Bush Fire Brigades\n3.1 Objectives\nDivision 2—Local Government Responsibility\n3.2 Local government responsible for structure\n3.3 Bush fire brigade to be supplied with Act\nDivision 3—Bush Fire Advisory Committee\n3.4 Functions of Advisory Committee\n3.5 Advisory Committee to consider brigade motions\nDivision 4—Bush Fire Control Officers\n3.6 Local government to have regard to nominees for Bush Fire Control Officers\n3.7 Functions of Bush Fire Control Officer\n3.8 Local government to advise Bush Fire Advisory Committee of appointments\nDivision 5—Chief Bush Fire Control Officer\n3.9 Role and duties of Chief Bush Fire Control Officer\nPART 4-BRIGADE MEMBERSHIP\nDivision 1—Types of Membership\n4.1 Membership of a bush fire brigade\n4.2 Operational members\n4.3 Trainee members\n4.4 Cadet members\n4.5 Support members\n4.6 Life member\n4.7 Honorary life member\nDivision 2—Command at a Fire\n4.8 Interpretation\n4.9 Ranks within the bush fire brigade\nPART 5-EQUIPMENT OF BUSH FIRE BRIGADES\n5.1 Policies of local government\n\n4892 GOVERNMENT GAZETTE, WA 10 October 2022\n5.2 Equipment in bush fire brigade area\n5.3 Funding from local government budget\n5.4 Consideration in the local government budget\nPART 6-APPLICATION OF RULES TO A BUSH FIRE BRIGADE\n6.1 Rules to govern\nSCHEDULE 1-RULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES\nPART 1-PRELIMINARY\n1.1 Interpretation\nPART 2-BUSHFIRE BRIGADE EXECUTIVE COMMITTEE\n2.1 Management of a bush fire brigade\n2.2 Membership of Executive Committee\n2.3 Termination of Executive Committee Membership\n2.4 Meetings of Executive Committee\n2.5 Quorum\n2.6 Voting\nPART 3-FUNCTIONS OF BRIGADE OFFICERS\n3.1 Chain of command during fire fighting activities\n3.2 Captain\n3.3 Lieutenants\n3.4 Fire Control Officers\n3.5 Secretary\n3.6 Treasurer\n3.7 Equipment Officer\n3.8 Training Officer\nPART 4-MEMBERSHIP OF A BUSHFIRE BRIGADE\n4.1 Conditions of Membership\n4.2 Applications for Membership\n4.3 Decision of Application for Membership\n4.4 Notification of Membership\n4.5 DFES to be notified of Registrations\nPART 5-SUSPENSION AND TERMINATION OF MEMBERSHIP OF A BUSHFIRE BRIGADE\n5.1 Suspension of Membership\n5.2 Termination of Membership\n5.3 Member has right of defence\n5.4 Existing liabilities to continue\n5.5 Objection Rights\nPART 6-MEETINGS OF THE BUSHFIRE BRIGADE\n6.1 Annual General Meeting\n6.2 Notification of Elected Office Bearers\n6.3 Ordinary/General Meetings\n6.4 Special General Meetings\n6.5 Notice of a Meeting\n6.6 Quorum\n6.7 Voting\nPART 7-GENERAL ADMINISTRATION MATTERS\n7.1 Funds\n7.2 Financial Year\n7.3 Banking\n7.4 Auditing\n7.5 Disclosure of Interests\n7.6 Dispute Resolution\nPART 8-NOTICES\n8.1 Notices\nSCHEDULE 2-MEMBERSHIP FORM\n\n10 October 2022 GOVERNMENT GAZETTE, WA 4893\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF PINGELLY\nBUSH FIRE BRIGADES LOCAL LAW 2022\nPART 1-PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Pingelly Bush Fire Brigades Local Law 2022.\n1.2 Commencement\nThis local law comes into operation 14 days after the date of its publication in the Government Gazette.\n1.3 Definitions\n(1) In this local law unless the context otherwise requires—\nAct means the Bush Fires Act 1954;\nAGM means Annual General Meeting;\nAIIMS means Australasian Inter-Service Incident Management System;\nbrigade area is defined in clause 2.1(3)(b);\nbrigade member means any member referred to in clause 4.1;\nbrigade officer means a person holding a position referred to in clause 2.2 (3), whether or not he\nor she was appointed by the local government or elected at an annual general meeting of a bush\nfire brigade or otherwise appointed to the position;\nbush fire brigade is defined in section 7 of the Act;\nBush Fire Control Officer means a Bush Fire Control Officer appointed by the local government\nunder section 38 the Act;\nBush Fire Operating Procedures means the operating procedures adopted by the local\ngovernment as amended from time to time;\nCEO means the Chief Executive Officer of the local government;\nChief Bush Fire Control Officer means the Chief Bush Fire Control Officer appointed under the\nAct;\nCommittee means the Committee of the bush fire brigade;\nDFES means the Department of Fire and Emergency Services;\ndirect communications is the act of transferring information from one place, person or group to\nanother with confirmation of understanding and acknowledgement of receipt;\ndistrict means the area within the boundary of the Shire of Pingelly;\nlocal government means the Shire of Pingelly;\nlocal law means the Shire of Pingelly Bush Fire Brigades Local Law 2022;\nnormal brigade activities are defined by section 35A of the Act;\nRegulations means Regulations made under the Act;\nRules means the Rules Governing the Operation of bush fire brigades; and\nSchedule means a schedule to this local law.\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) Fire Control Officer;\n(e) any additional Lieutenants;\n(f) a Training Officer;\n(g) an Equipment Officer;\n(h) a Secretary; or\n(i) a Treasurer.\nmeans a person holding that position in a bush fire brigade.\n1.4 Repeal\nThe Shire of Pingelly By-Law Relating to Fire Control Matters as published in the Government Gazette\non 1 November 1995 including amendments, is repealed on the day that this local law comes into\noperation.\n1.5 Application\nThis local law applies throughout the district.\n\n4894 GOVERNMENT GAZETTE, WA 10 October 2022\nPART 2-ESTABLISHMENT AND CANCELLATION OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a Bush Fire Brigade\n2.1 Establishment and naming 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 (1).\n(3) 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; and\n(b) specify the area in which the bush fire brigade is primarily responsible for carrying out the\nnormal brigade activities (the “brigade area”).\n(4) The local government must register the brigade in a register kept pursuant to section 41(2) of the\nAct.\n2.2 Appointment of brigade officers\n(1) On establishing a bush fire brigade under clause 2.1(1) the local government is to appoint or provide\nfor the election of brigade offices as defined in the Rules Governing the Operation of Bush Fire Brigades\n(Schedule 1 of this local law).\n(2) When considering the appointment or election of brigade officers the local government is to consider\nthe qualifications, experience and skills required to fill each position.\n(3) A person appointed or elected to a brigade is taken to be a brigade member of that brigade.\n(4) The appointments expire at the completion of the first annual general meeting of the bush fire\nbrigade.\n(5) If a position becomes vacant prior to the completion of the first annual general meeting, then the\nlocal government may appoint a person to fill the vacancy.\nDivision 2—Transitional\n2.3 Existing bush fire brigades\nWhere a local government has established a bush fire brigade prior to the commencement date of this\nLocal Law, from the commencement date—\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; and\n(b) any Rules Governing the Operation of Bush Fire Brigades are to be taken to have been repealed\nand substituted with the Rules.\nDivision 3—Cancellation of a Bush Fire Brigade\n2.4 Cancellation of a bush fire brigade registration\nThe local government may cancel the registration of a bush fire brigade, in accordance with section\n41(3) of the Act, if it is of the opinion that the bush fire brigade is not complying with the Act, this local\nlaw, the Bush Fire Operating Procedures or the Rules.\n2.5 New arrangement after cancellation of registration\nIf a local government cancels the registration of a bush fire brigade, the local government is to make\nalternative fire control arrangements for that brigade area.\nPART 3—OBJECTIVE, ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—Objectives of Bush Fire Brigades\n3.1 Objectives\nThe objectives of the bush fire brigade are to carry out—\n(a) normal brigade activities; and\n(b) the functions of the bush fire brigade as specified in the Act, the Regulations and this local law.\nDivision 2—Local Government Responsibility\n3.2 Local government responsible for structure\nThe local government is to ensure that an appropriate structure through which the organisation of bush\nfire brigades is maintained.\n3.3 Bush fire brigade to be supplied with Act\nThe local government is to supply each bush fire brigade with two copies of the Act, the Regulations,\nthe bush fire brigade operating procedures, relevant local government policies, this local law and any\nother written laws which may be relevant to the performance of the brigade officers’ functions, and any\namendments which are made thereto from time to time.\n\n10 October 2022 GOVERNMENT GAZETTE, WA 4895\nDivision 3—Bush Fire Advisory Committee\n3.4 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 brigades as may be determined by the local\ngovernment from time to time.\n3.5 Advisory Committee to consider brigade motions\nThe Bush Fire Advisory Committee shall consider any motion received from a bush fire brigade and\nmay make recommendations to the local government in relation to any motion supported by the Bush\nFire Advisory Committee.\nDivision 4—Bush Fire Control Officers\n3.6 Local government to have regard to nominees for Bush Fire Control Officers\nWhen considering the appointment of persons for the position of a Bush Fire Control Officer under\nsection 38 of the Act, the local government is to have regard to persons nominated by any bush fire\nbrigade but is not bound to appoint the nominated person(s).\n3.7 Functions of a Bush Fire Control Officer\n(1) The statutory powers and duties of bush fire control offices shall be those contained in the Act.\n(2) Under the provision of section 38 of the Act, the local government may appoint Bush Fire Control\nOfficers generally or classes of Bush Fire Control Officers in order to carry out some or all the functions\nof the Act.\n(3) The functions of a Bush Fire Control Officer, or classes of Bush Fire Control Officers, are to be as\ndescribed in the Bush Fire Control Officer position description as below but not limited to—\n(a) Authorise permits to burn in accordance with the Act\n(b) Identify and conduct Risk Assessments in the brigade area\n(c) Maintain a personal fire diary to include a log of events and decisions made\n(d) Perform duties prescribed by the Act\n(e) Provide representation on the Bush Fire Advisory Committee (BFAC)\n(f) To take control of firefighting operations at a bush fire within their brigade area\n(g) To take control of firefighting operations at a bush fire outside their brigade area where no\nother Fire Control Officer is present\n(h) exercise any of the appropriate powers of the FES Commissioner under the Fire Brigades\nAct 1942, in so far as the same may be necessary or expedient, for extinguishing a bush fire or\nfor preventing the spread or extension of the fire\n(4) The local government may limit the area in which a Bush Fire Control Officer can carry out his\nfunctions to one or more specified bush fire brigade area.\n3.8 Local government to advise Bush Fire Advisory Committee of appointments\nWithin one month of the local government receiving a bush fire brigade’s nomination for persons to\nserve as Bush Fire Control Officers, the local government is to advise the Bush Fire Advisory\nCommittee of the persons appointed by the local government as Bush Fire Control Officers.\nDivision 5—Chief Bush Fire Control Officer\n3.9 Role and duties of Chief Bush Fire Control Officer\n(1) Subject to any directions of the CEO, the Chief Bush Fire Control Officer has primary managerial\nresponsibility for the organisation and maintenance of bush fire brigades.\n(2) The Chief Bush Fire Control Officer or his Deputy may attend as a non-voting representative of the\nlocal government, at any meeting of a bush fire brigade.\n(3) Chief Bush Fire Control Officer and the Deputy Chief Bush Fire Control Officer who shall be first\nand second in seniority of those officers, and subject thereto may determine the respective seniority of\nthe other Bush Fire Control Officers appointed by it\n(4) The duties of the Chief Bush Fire Control Officer are to be as described in the Chief Bush Fire\nControl Officer position description in addition to the Bush Fire Control Officer as below but not limited\nto—\n(a) Demonstrate positive leadership to Bush Fire Brigades;\n(b) Promote the use of AIIMS structure during response to FCO’s, Brigades and volunteer fire\nfighters;\n(c) Provide representation on the Bush Fire Advisory Committee, Regional Operations Advisory\nCommittee and Local Emergency Management Committee;\n(d) Monitor Bush Fire Brigade resourcing, equipment and training levels with the district\n(e) Liaise with the local government and other Fire Control Officers concerning fire\nprevention/suppression matters generally;\n(f) Make tactical decisions with regard to permits to burn, prescribed burning and other\noperational matters;\n(g) Determine when Harvest and Vehicle movement bans should be implemented in conjunction\nwith other officers and the local government; and\n\n4896 GOVERNMENT GAZETTE, WA 10 October 2022\n(h) During wildfire incidents manage the fire resources of the Shire and Brigades and where\nnecessary fulfil role as incident controller.\nPART 4-BRIGADE MEMBERSHIP\nDivision 1—Types of Membership\n4.1 Membership of a bush fire brigade\nThe membership of a bush fire brigade consists of the following—\n(a) operational members;\n(b) trainee members;\n(c) support members;\n(d) cadet members;\n(e) life members; and\n(f) honorary life members. A person shall only have membership of one bushfire brigade with the\nlocal government district at any given time.\n4.2 Operational members\nOperational members are those persons aged being at least 16 years of age who undertake all normal\nbrigade activities and have completed the required training qualification as determined by the local\ngovernment.\n4.3 Trainee members\nMembers joining a bush fire brigade shall be classified as trainee members until they completed the\nbasic training qualification as determined by the local government from time to time.\n4.4 Cadet members\nCadet members are—\n(a) to be aged 11 to 15 years;\n(b) to be admitted to membership only with the consent of their parent or guardian;\n(c) admitted for the purpose of training and are not to attend an uncontrolled fire or other\nemergency incident;\n(d) to be supervised by an operational member when undertaking normal brigade activities as\ndefined by paragraphs (c), (d), (e), (f) and of section 35A of the Act; and\n(e) ineligible to vote at brigade meetings.\n4.5 Support members\nSupport members are brigade members who are not otherwise classified as an operational member,\ntrainee member or cadet member.\n4.6 Life member\n(1) The brigade may by a simple majority resolution appoint a person as a life member in recognition\nof services by that person to the bush fire brigade.\n(2) Only an Operational member can be appointed as a life member.\n4.7 Honorary life member\n(1) The brigade may by a simple majority resolution appoint a person as an honorary life member in\nrecognition of services by that person to the bushfire brigade.\n(2) Honorary life members are ineligible to vote at brigade meetings.\nDivision 2-Command at a Fire\n4.8 Interpretation\nIn this Division “in attendance” includes attendance—\n(a) in person; or\n(b) via direct communications.\n4.9 Ranks within the bush fire brigade\nWhere, under the Act, members of a bush fire brigade have command of a fire—\n(a) where a Bush Fire Control Officer is in attendance at the fire, the most senior Bush Fire Control\nOfficer has full control over all other persons fighting the fire and is to issue instructions as to\nthe methods and tactics to be adopted by the fire fighters, in accordance with sections 39(1)(f)\nand 44(3) of the Act; and\n(b) in the absence of a Bush Fire Control Officer, the Captain has full control over all other persons\nfighting the fire, and is to issue instructions as to the methods and tactics to be adopted by the\nfire fighters; and\n(c) 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\nduties of the Captain.\n\n10 October 2022 GOVERNMENT GAZETTE, WA 4897\nPART 5-EQUIPMENT OF BUSH FIRE BRIGADES\n5.1 Policies of local government\nThe local government may make policies to—\n(a) provision funding to bush fire brigades for the purchase of protective clothing, equipment and\ntraining; and\n(b) keep bush fire brigades informed of funding opportunities from other bodies.\n5.2 Equipment in bush fire brigade area\nThe bush fire brigade is to report to the local government the quantity and quality of all protective\nclothing, equipment and appliances of the brigade when directed.\n5.3 Funding from local government budget\nA request to the local government from a bush fire brigade for funding of protective clothing, equipment,\ntraining or appliance needs shall be submitted to the local government by a date advised by the CEO\nor delegate of the CEO, for consideration in the next following local government budget.\n5.4 Consideration in the local government budget\nThe local government—\n(a) may approve or decline an application for funding depending upon its assessment of budget\npriorities for the year in question; and\n(b) shall advise bush fire brigades of the final outcome of their individual requests for funding\nwithin a reasonable time frame.\nPART 6-APPLICATION OF RULES TO A BUSH FIRE BRIGADE\n6.1 Rules to govern\n(1) The Rules govern the operation of a bush fire brigade.\n(2) A bush fire brigade and each bush fire brigade member is to comply with the Rules.\n(3) The Rules Governing the Operation of Bush Fire Brigades are detailed at Schedule 1.\nSCHEDULE 1 - RULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES\nPART 1-PRELIMINARY\n1.1 Interpretation\n(1) Unless the context otherwise requires, where a term is used in these Rules and is defined in the\nlocal law, the Act or the Regulations, then the term is to be taken to have the meaning assigned to it in\nthis local law, the Act or the Regulations, as the case may be.\n(2) In these Rules, unless the context otherwise requires—\nsimple majority means a majority of more than 50% of members of—\n(a) brigade members of a bush fire brigade, present in person if the majority is required at a\nmeeting of the bush fire brigade; or\n(b) brigade officers of the bush fire brigade, present in person, if the majority is required at a\nmeeting of the Committee.\nPART 2-BUSHFIRE BRIGADE EXECUTIVE COMMITTEE\n2.1 Management of a bush fire brigade\n(1) The administration and management of the affairs of a bush fire brigade are vested in the Executive\nCommittee, subject to the provisions of these Rules.\n(2) The Executive Committee’s functions include, but are not limited to—\n(a) recommending amendments to these Rules to the local government;\n(b) approving the brigade’s annual budget and presenting it at the brigade’s annual general\nmeeting;\n(c) proposing a motion for consideration at any bush fire brigade meeting;\n(d) recommending to the local government equipment which needs to be supplied by the local\ngovernment to the bush fire brigade;\n(e) investing or placing on deposit any bush fire brigade funds not immediately required to perform\nnormal brigade activities;\n(f) delegating to a person, any Executive Committee functions (being less than the total functions\nof the Executive Committee) as considered reasonable, on any conditions it thinks fit;\n(g) doing all things necessary or convenient in order to perform any of its functions and to secure\nthe performance of the normal brigade activities by the bush fire brigade; and\n(h) dealing with membership applications, grievances, disputes and disciplinary matters.\n\n4898 GOVERNMENT GAZETTE, WA 10 October 2022\n2.2 Membership of Executive Committee\n(1) The brigade Executive Committee is to consist of the Captain, Lieutenants, Fire Control Officer,\nSecretary, Treasurer, and any other brigade members as may be determined by the Executive\nCommittee from time to time.\n(2) The Executive Committee members are to—\n(a) be elected at the brigade’s annual general meeting;\n(b) hold office until the next annual general meeting; and\n(c) be eligible for re-election at the next annual general meeting.\n2.3 Termination of Executive Committee Membership\n(1) Any Executive Committee member may be removed from office by a majority decision of the brigade\nmembers present in person at a special meeting called for such a purpose.\n(2) If a position becomes vacant prior to the commencement of the annual general meeting, then the\nbush fire brigade is to elect a person to fill the vacancy at a bush fire brigade meeting.\n(3) The local government is to be advised within 7 days of the removal of an Executive Committee\nmember from office under subclause (1), or the election of a person to fill a vacancy under subclause (2).\n2.4 Meetings of Executive Committee\n(1) The Executive Committee is to meet for the dispatch of business, adjourn and otherwise regulate its\nmeeting as it thinks fit.\n(2) The Captain or the Secretary, may convene a meeting of the Executive Committee at any time giving\nmembers a minimum of 3 days’ notice.\n2.5 Quorum\n(1) The quorum for an Executive Committee meeting is 50% of members of the Executive Committee\npresent, either in person or via direct communication.\n(2) No business is to be transacted at an Executive Committee meeting, without a quorum of Executive\nCommittee members.\n(3) Subject to these Rules, a decision made by the Executive Committee may be made by a resolution\npassed by a simple majority of Executive Committee members who are present in person, via electronic\ncommunication.\n2.6 Voting\n(1) Each Executive Committee member is to have one vote.\n(2) In the case of an equality of votes, the person presiding may exercise an additional casting vote.\nPART 3-FUNCTIONS OF BRIGADE OFFICERS\n3.1 Chain of command during fire fighting activities\nSubject to the Act and the local law, the command procedures to apply during fire fighting activities\nare as detailed in the Bush Fires Act 1954 and Shire of Pingelly Bush Fire Risk Management Plan.\n3.2 Captain\nThe Captain assumes the role of the most senior operational member of the brigade and is to—\n(a) subject to subclause (b) below, preside at all meetings;\n(b) in the absence of the President, the meeting may elect another person to preside at the meeting;\n(c) promote the objectives of the Brigade;\n(d) demonstrate positive leadership and mentor members;\n(e) attend meetings as requested by the local government;\n(f) in the absence of a Bush Fire Control Officer take overall charge of fire suppression activities,\nand/or ensure the principles of the Incident Management System are boing adhered to during\nwildfire suppression or during hazard reduction programs;\n(g) provide leadership for the Brigade and related administration;\n(h) ultimately undertake responsibility for the proper management and maintenance of Brigade\nproperty and equipment;\n(i) deputise for the Bush Fire Control Officer at Bushfire Advisory Committee meetings when\nrequired;\n(j) advise the Brigade on administrative matters;\n(k) ensure Brigade members are adequately trained to carry out their functions in accordance with\nthe Brigade standards;\n(l) in the absence of a Bush Fire Control Officer conduct brigade briefings and post incident\nanalysis of any incident involving fire fighting;\n(m) conduct Brigade briefings and post incident analysis of any management issues;\n(n) to ensure that the incident reports are submitted to the local government within 14 days of the\noccurrence; and\n(o) ensure the behaviour of members is in accordance with the local government’s code of conduct.\n\n10 October 2022 GOVERNMENT GAZETTE, WA 4899\n3.3 Lieutenants\n(1) The Brigade may increase or decrease the number of Lieutenants to meet their specific operational\nrequirements, up to a maximum of four.\n(2) All Lieutenants shall be ranked numerically according to seniority.\n(3) The first Lieutenant assumes the role of the second most senior operational member of the Brigade,\nand so on.\n(4) The duties of the Lieutenant are to—\n(a) provide support to the Captain;\n(b) command and manage members during emergencies and other Brigade related activities;\n(c) demonstrate positive leadership and mentor members;\n(d) maintain open lines of communication and encourage positive interaction and teamwork\nbetween members;\n(e) ensure Bush Fire Operating Procedures are adhered to during Brigade activities\n(f) ensure members engaged in fire fighting activities hold competencies relevant to the task;\n(g) work cohesively with the Brigade Training Officer and conduct training activities for members;\nand\n(h) ensure the behaviour of members is in accordance with the Local Government’s code of conduct.\n3.4 Fire Control Officer (FCO)\n(1) FCOs are nominated by the brigade to the Bush Fire Advisory Committee and forwarded to the local\ngovernment for consideration and ratification.\n(2) Duties and responsibilities of the FCO include-\n(a) authorise permits for hazard reduction burns within the local government in accordance with\nthe Act;\n(b) identify and conduct risk assessments of fire hazards within the local government;\n(c) perform duties prescribed by the Act and authorised by the local government;\n(d) may take overall control of fire suppression activities or operational incidents where the local\ngovernment is the Controlling Agency;\n(e) maintain a personal incident diary to include a record of events and decisions during an\nincident; and\n(f) conduct brigade briefings and post incident analysis of any incident involving fire fighting or\nmanagement issues.\n3.5 Secretary\nThe Secretary is to—\n(a) keep a correct minute and account of the proceedings of all meetings of the brigade and the\nExecutive Committee which shall be open for inspection by brigade members at any reasonable\ntime;\n(b) answer all correspondence or direct it appropriately, and keep a record of the same;\n(c) prepare and send out all necessary notices of meetings; and\n(d) maintain a register of all current brigade members which includes each brigade member’s\ncontact details and type of membership.\n(e) Provide the local government a copy of the AGM minutes within 14 days of the meeting being\nheld.\n3.6 Treasurer\nThe Treasurer is to—\n(a) receive donations and monies on behalf of the brigade and deposit all monies to the credit of\nthe brigade’s bank account;\n(b) pay accounts as authorised by the Executive Committee;\n(c) keep a record of all monies received and payments made, maintain the accounts and prepare\nthe balance sheet for each financial year;\n(d) be the custodian of all monies of the brigade; and\n(e) report on the financial position at meetings of the brigade or Executive Committee;\n(f) prepare requests for funding for submission to the local government;\n(g) prepare for submission to local government an annual statement of acquittal providing detail\nof expenditure of funding monies received; and\n(h) make available the financial statements of the brigade for review by the local government on\nrequest.\n3.7 Equipment Officer\n(1) The Equipment Officer is—\n(a) responsible for the inspection and maintenance of all equipment and appliances as directed by\nthe brigade Captain;\n\n4900 GOVERNMENT GAZETTE, WA 10 October 2022\n(b) to report to the local government any damage incurred to brigade equipment as soon as\npracticable; and\n(c) to report to the local government any maintenance required to brigade equipment as soon as\npracticable.\n(2) In consultation with the Chief Bush Fire Control Officer an Equipment Officer may temporarily\nlocate equipment at an alternative location from time to time for operational purposes.\n(3) In the absence of this position the Captain will assume these responsibilities.\n3.8 Training Officer\n(1) The Training Officer is responsible for the coordination of brigade training under the direction of\nthe Captain and the local government.\n(2) In the absence of this position the Captain will assume these responsibilities.\nPART 4-MEMBERSHIP OF A BUSH FIRE BRIGADE\n4.1 Conditions of membership\n(1) Members of a bush fire brigade shall comply with the bush fire brigade operating procedures in\ncarrying out normal brigade activities.\n(2) In relation to any type of membership, as described in Part 4 of the local law, the local government\nmay establish policies regarding—\n(a) the qualifications required;\n(b) fitness for duty;\n(c) a requirement to serve a probationary period; and\n(d) the Executive Committee’s assessment of an application for membership.\n4.2 Applications for membership\nApplications for membership of a bush fire brigade shall—\n(a) be submitted to the Captain or Secretary of the relevant bush fire brigade, who shall forward\na copy of the application to the Chief Bush Fire Control Officer within 1 week of the application\nbeing submitted; and\n(b) shall be determined by the brigade’s Executive Committee, who shall consider any advice\nreceived from the Chief Bush Fire Control Officer in relation to the application.\n4.3 Decision on application for membership\n(1) Subject to clause 2.1, the Executive Committee may—approve an application for membership\nunconditionally or subject to any conditions; or decline an application for membership.\n(2) If the Executive Committee declines an application for membership, it is to give written notice to\nthe applicant as soon as practicable after the decision is made and advise the applicant that he or she\nhas the right to object to the local government.\n(3) The local government is to be advised of approved applications within 14 days of approval of\nmembership.\n4.4 Notification of membership\n(1) All approved applications for membership forms are to be submitted to the local government within\n1 week of the application being made in accordance with clause 4.2 of the Rules.\n(2) As soon as practicable after the bush fire brigade annual general meeting, the local government will\nsupply all bush fire brigades with a list of current membership.\n(3) Within 1 month of being provided a list under subclause (2), the bush fire brigade must review the\nlist and report any anomalies to the local government.\n(4) The local government will supply the Chief Bush Fire Control Officer a list of current membership\nof any or all brigades upon request.\n4.5 DFES to be notified of registrations\nThe local government is to supply details of any approved membership applications to DFES within14\ndays of a person being admitted to membership in the form required by the DFES from time to time.\nPART 5-SUSPENSION AND TERMINATION OF MEMBERSHIP OF A BUSHFIRE BRIGADE\n5.1 Suspension of membership\n(1) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the Executive\nCommittee or the Chief Bush Fire Control Officer or the Chief Executive Officer, circumstances warrant\nsuspending the member.\n(2) Without limiting the generality of subclause (2), a member of a bush fire brigade may be suspended\nin the event the member—\n(a) contravenes the Act, the Regulations, the brigade operating procedures, this local law or the\nlocal government’s bush fire brigade policies;\n(b) has performed an unsafe act that jeopardizes the safety of the member or others;\n\n10 October 2022 GOVERNMENT GAZETTE, WA 4901\n(c) has been charged with a criminal offence relevant to the member’s role within the brigade and\nis awaiting court proceedings;\n(d) is unfit (physically, emotionally and/or mentally), or unable to perform the inherent\nrequirements that could reasonably be expected of the role; or\n(e) has acted in a manner contrary to the local government’s code of conduct policy.\n(3) The suspended member may be excluded immediately from all or any specified bush fire brigade\nactivities.\n(4) The period of suspension shall be determined by the Executive Committee or the Chief Bush Fire\nControl Officer or the Chief Executive Officer, and a review of the suspension shall take place within\nthree months of the date of suspension.\n(5) Upon the expiry of the period of suspension the Executive Committee or the Chief Bush Fire Control\nOfficer or the Chief Executive Officer may—\n(a) extend the period of suspension;\n(b) terminate the membership; or\n(c) reinstate the membership.\n5.2 Termination of membership\n(1) Membership of the brigade terminates if the member—\n(a) dies;\n(b) gives written notice of resignation to the Executive Committee;\n(c) is dismissed by the Executive Committee or the Chief Bush Fire Control Officer or the Chief\nExecutive Officer, by reason of—\n(i) failing to comply with the objectives of the bush fire brigade under clause 3.1 of this local\nlaw;\n(ii) failing to comply with the Act, the Regulations, the bush fire operating procedures, the\nlocal law or relevant local government policies;\n(iii) displaying conduct detrimental to the interests and reputation of the bush fire brigade;\n(iv) being convicted of a criminal offence that in the opinion of the Chief Bush Fire Control\nOfficer would ordinarily exclude the member from joining a brigade; or\n(v) has acted in a manner contrary to the local government’s code of conduct policies.\n(2) A brigade member who has had their membership to a brigade terminated for any of the reasons\ncontained in 5.2(1)(c) is ineligible to join another bush fire brigade within the local government district\nfor 12 months or longer as determined by the Executive Committee or the Chief Bush Fire Control\nOfficer or the Chief Executive Officer.\n(3) A brigade member who, in the opinion of the Executive Committee or the Chief Bush Fire Control\nOfficer or the Chief Executive Officer, has not adequately fulfilled his or her role within the bush fire\nbrigade, and has not responded to any written correspondence requesting that he or she state their\nintentions, within 21 days, shall be deemed to have resigned from the bush fire brigade.\n(4) Where the local government reasonably considers that a member of a bush fire brigade has behaved\nin a manner that may lead to termination, the local government may give notice to the Executive\nCommittee or the Chief Bush Fire Control Officer or the Chief Executive Officer requesting the\nExecutive Committee or the Chief Bush Fire Control Officer or the Chief Executive Officer to\ninvestigate the matter.\n(5) Where a membership is terminated, all property owned by the bush fire brigade or the local\ngovernment that is held by or in the possession of the person whose membership has been terminated,\nshall be returned on demand to the bush fire brigade or the local government.\n5.3 Member has right of defence\nA bush fire brigade member dismissed under clause 5.2(1)(c) or has his or her membership terminated\nunder clause 5.1(5)(b), will be afforded the principle of natural justice through the right of reply to the\nExecutive Committee or the Chief Bush Fire Control Officer or the Chief Executive Officer.\n5.4 Existing liabilities to continue\nThe resignation, or dismissal of a member under clause 5.2 or the suspension or termination of a\nmember under clause 5.1 does not affect any liability of the bush fire brigade member arising prior to\nthe date of resignation, dismissal, suspension or termination as the case may be.\n5.5 Objection rights\n(1) A person whose—\n(a) application for membership is refused under clause 4.3(1)(b);\n(b) membership is terminated under clauses 5.2(1)(c)(v) or clause 5.1(5)(b); or\n(c) membership is suspended under clause 5.1(1) or clause 5.1(2), has a right of objection to the\nlocal government.\n(2) Where a person lodges an objection to the local government under subclause (1), the local\ngovernment may deal with the objection by—\n(a) dismissing the objection;\n(b) varying the decision objected to; or\n\n4902 GOVERNMENT GAZETTE, WA 10 October 2022\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 Executive\nCommittee or the Chief Bush Fire Control Officer or the Chief Executive Officer.\n(3) No further right of review is available under this local law in respect of a decision made by a local\ngovernment pursuant to subclause (2).\nPART 6-MEETINGS OF THE BUSH FIRE BRIGADE\n6.1 Annual General Meeting\n(1) A bush fire brigade is to hold its annual general meeting prior to the commencement of May each\nyear.\n(2) The Secretary is to give at least 14 days’ notice in writing of the annual general meeting to all\nbrigade members.\n(3) At the annual general meeting the bush fire brigade is to—\n(a) elect the brigade officers from among the brigade members;\n(b) brigade’s nominee for Fire Control Officer;\n(c) consider the Captain’s report on the year’s activities;\n(d) adopt the annual financial statements;\n(e) deal with any general business arising from the previous annual general meeting; and\n(f) deal with any business approved by the Captain.\n6.2 Notification of Elected Office Bearers\n(1) The Secretary is to forward a list of elected office bearers and contact details from the brigade’s\nannual general meeting to the Chief Bush Fire Control Officer and the local government within1 month\nof the annual general meeting.\n(2) Where an office bearer is elected at a meeting other than an annual general meeting, the Secretary\nshall forward a revised list of the elected office bearers and contact details to the Chief Bush Fire\nControl Officer and the local government within 1 month of the meeting at which the office bearer is\nelected.\n(3) If the local government lodges an objection to the election of an office bearer with the Bush Fire\nBrigade within 1 month of receiving the list of elected office bearers required under clause 6.2(1) or (2)\nof these Rules, the Bush Fire Brigade must elect an alternative office bearer to that position.\n6.3 Ordinary/General meetings\nOrdinary meetings may be called at any time by the Secretary by giving at least 7 days’ notice to all\nbrigade members.\n6.4 Special General meetings\n(1) The Secretary is to call a special general meeting when 5 or more brigade members request one\ninwriting.\n(2) The Secretary is to give at least 14 days’ notice of a special general meeting to all brigade members.\n(3) In a notice given under subclause (2) the Secretary is to specify the business which is to be conducted\nat the meeting.\n(4) No business is to be conducted at a special general meeting beyond that specified in the notice given\nunder subclause (3) in relation to that meeting.\n6.5 Notice of a meeting\n(1) Notices of meetings of the bush fire brigade are to be in writing.\n(2) The notice of a meeting shall—\n(a) set out the date, time and place of the meeting;\n(b) set out particulars of motions of which notice has been given; and\n(c) in the case of special meetings, set out particulars of the business to be transacted.\n(d) Notices of Executive Committee meetings may be given in writing in accordance with subclause\n(1) or by such other means as the Executive Committee may decide at an Executive Committee\nmeeting.\n(3) Any accidental omission to give notice of a meeting to, or non-receipt by a person entitled to receive\nsuch notice, is not to invalidate the meeting, the subject of notice or any resolutions passed at the\nmeeting.\n6.6 Quorum\n(1) Except for Executive Committee Meetings, the quorum for a meeting of the brigade is at least 50%\nof Executive Committee members and a total of not less than 7 members.\n(2) Notwithstanding the provision of (1) the CBFCO may vary these requirements to with the approval\nof the local government.\n(3) No business is to be transacted at a meeting of the bush fire brigade unless a quorum of brigade\nmembers is present in person.\n\n10 October 2022 GOVERNMENT GAZETTE, WA 4903\n6.7 Voting\n(1) Each eligible brigade member is to have 1 vote.\n(2) Voting to be in the form of—\n(a) In person\n(b) Pre arrange public electronic meeting format (i.e. ZOOM)\n(c) Public telephone conversation (i.e. speaker phone)\n(d) Voting via proxy is not permitted\n(3) In the event of an equality of votes, the person presiding may exercise a casting vote.\n(4) Subject to these Rules, where a decision is to be made by the bush fire brigade, then the decision\nmay be made by a resolution passed by a majority of the brigade’s members.\nPART 7-GENERAL ADMINISTRATION MATTERS\n7.1 Funds\nThe funds of a bush fire brigade are to be used solely for the purpose of fulfilling the objectives of the\nBush Fire Brigade.\n7.2 Financial year\nThe financial year of a bush fire brigade is to commence on 1 July and end on 30 June of the following\nyear.\n7.3 Banking\n(1) The funds of a bush fire brigade are to be placed in the bush fire brigade’s bank account and are to\nbe drawn on only by—\n(a) cheques signed jointly by any 2, of the Captain, 1st Lieutenant, Secretary or Treasurer; or\n(b) authorised use of electronic banking by the Secretary or Treasurer in accordance with\nsubclause (2).\n(2) For the purposes of subclause (1)(b), any 2 of the Captain, 1st Lieutenant, Secretary or Treasurer\nmay authorise in writing the use of electronic banking to draw on the brigade’s funds.\n7.4 Auditing\n(1) The bush fire brigade shall supply on request to the local government the brigade’s full financial\nrecords for the financial year.\n(2) The local government may request the brigade’s financial and accounting records for a review at any\ntime.\n7.5 Disclosure of interests\n(1) A brigade member shall disclose to the bush fire brigade or the Executive Committee any financial\nor personal interest (whether direct, indirect or perceived) he or she may have in any matter being\nconsidered by the bush fire brigade or the Executive Committee, as appropriate.\n(2) If an interest has been disclosed under subclause (1), then the bush fire brigade or Executive\nCommittee, as appropriate, is to decide, in the absence of the brigade member who disclosed that\ninterest, whether or not the brigade member is to be permitted to vote on that matter.\n(3) Where the bush fire brigade or Executive Committee, as appropriate, decides under subclause (2),\nthat a brigade member is not permitted to vote on the matter, then her or his vote is to be taken to have\nno effect and is not to be counted.\n7.6 Dispute Resolution\n(1) Any dispute between brigade members may be referred to the Captain or to the Executive\nCommittee for resolution.\n(2) Where a dispute referred under subclause (1) is considered by the Captain or the Executive\nCommittee to concern the general interests of the bush fire brigade, then the Captain or the Executive\nCommittee, is to refer the dispute to the annual general meeting, an ordinary meeting or a special\ngeneral meeting of the bush fire brigade.\n(3) The local government is the final authority on matters affecting the bush fire brigade and may\nresolve any dispute which is not resolved under subclause (1) or (2).\nPART 8-NOTICES\n8.1 Notices\nWhere any notice other than a notice of meeting is to be given under these Rules, the notice may be\ngiven by—\n(a) personal delivery;\n(b) post;\n(c) Email;\n(d) short message service (SMS) or the like; or\n(e) facsimile transmission, or\n(f) any other method approved by the local government\n\n4904 GOVERNMENT GAZETTE, WA 10 October 2022\nSCHEDULE 2-MEMBERSHIP FORM\n\n10 October 2022 GOVERNMENT GAZETTE, WA 4905","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This local law expressly repeals the Shire’s 1995 fire control by‑law (cl. 1.4) and replaces it with a more detailed regulatory framework. Key scope changes include formalised membership categories and age limits (cl. 4.1–4.7), explicit incident command and AIIMS adoption (cl. 3.9, cl. 4.9), mandatory reporting and DFES notification requirements (Schedule 1 cl. 4.4–4.5), and prescribed funding request procedures tied to the Shire’s budget cycle (cl. 5.3–5.4). The instrument therefore broadens and clarifies operational, administrative and reporting obligations while remaining within the Act’s statutory framework."},"complexity_factors":["Multiple institutional layers and delegation: local government, Chief Bush Fire Control Officer, Bush Fire Advisory Committee, brigade Executive Committees (see cl. 3.9, 3.4, Schedule 1 Pt 2).","Cross-reference to state statute and regulations (Bush Fires Act 1954, Regulations) creating external legal dependencies (cl. 1.3 definitions; general throughout).","Detailed membership categories and rights (operational, trainee, cadet, support, life) with age, training and voting rules (cl. 4.1–4.7; Schedule 1 Pt 4).","Operational command rules and incident management references (AIIMS, FCO powers, chain of command) that interact with statutory powers (cl. 3.7, 3.9, cl. 4.9).","Disciplinary, suspension and appeal pathways combining brigade, Chief BFCO and local government decisions (Schedule 1 Pt 5, cl. 5.1–5.5).","Funding and resource flows dependent on annual local government budgeting and discretionary approvals (cl. 5.1, 5.3–5.4).","Reporting, registration and information obligations to local government and DFES with timed notice requirements (cl. 2.1(4), Schedule 1 cl. 4.4–4.5).","Procedural governance detail for meetings, quorums, voting, and financial controls (Schedule 1 Parts 2, 6, 7) increasing compliance burden."],"plain_english_summary":"*Shire of Pingelly Bush Fire Brigades Local Law 2022*\n\nThis local law creates a governance and operational framework for bush fire brigades in the Shire of Pingelly: how the Shire establishes or cancels brigades, appoints officers, defines membership types, sets command at fires, and requires reporting and DFES notification. \n\nIt affects brigade members, officers, DFES and the Shire. The Shire decides establishment, appointments and budget funding; brigades must follow the Rules, hold AGMs, keep records, and face suspension/appeal procedures. Funding is discretionary in the Shire budget."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a local law governing the establishment, organization, and operation of bush fire brigades within the Shire of Pingelly. It replaces a 1995 by-law but does not appear to have expanded beyond the traditional local government fire management remit. The inclusion of modern elements (electronic banking, Zoom meetings, AIIMS protocols) represents updates to operational methods rather than scope creep."},"complexity_factors":["Moderate length with 6 main parts plus 2 schedules (approximately 30+ pages when formatted)","19 defined terms in the interpretation section (clause 1.3), with some terms referencing external legislation (Bush Fires Act 1954)","Extensive cross-referencing between the Local Law and Schedule 1 (Rules), and references to external documents like the Bush Fire Operating Procedures and AIIMS (Australasian Inter-Service Incident Management System)","Multiple overlapping jurisdictions: Executive Committee, Chief Bush Fire Control Officer, CEO, and Local Government all have suspension/termination powers (clauses 5.1 and 5.2)","Conditional logic for command structure at fires with nested hierarchy (Bush Fire Control Officer → Captain → First Lieutenant → Second Lieutenant, etc.)","Transitional provisions for existing brigades (clause 2.3) creating dual-status recognition","Multiple dispute resolution pathways with final authority resting with local government (clause 7.6)","Detailed procedural requirements for meetings, quorums, voting methods, and notice periods"],"plain_english_summary":"This Shire of Pingelly local law sets the framework for volunteer bush fire brigades: how brigades are created and led, membership categories, an advisory committee, rules for equipment/funding, operational procedures, and command at incidents. \n\nIt affects volunteer firefighters, the Shire council, and residents relying on brigade protection, ensuring safer, accountable, and democratically run brigades and replacing the 1995 by-law."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-pingelly-bush-fire-brigades-local-law-2022","history":"/api/acts/shire-of-pingelly-bush-fire-brigades-local-law-2022/history","analysis":"/api/acts/shire-of-pingelly-bush-fire-brigades-local-law-2022/analysis","conflicts":"/api/acts/shire-of-pingelly-bush-fire-brigades-local-law-2022/conflicts","importantCases":"/api/acts/shire-of-pingelly-bush-fire-brigades-local-law-2022/important-cases","documents":"/api/acts/shire-of-pingelly-bush-fire-brigades-local-law-2022/documents"}}