{"id":"wa-local:waroona-shire-of-shire-of-waroona-bush-fire-brigades-local-law-2024","name":"Shire of Waroona Bush Fire Brigades Local Law 2024","slug":"shire-of-waroona-bush-fire-brigades-local-law-2024","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439078,"registerId":"wa-local:waroona-shire-of-shire-of-waroona-bush-fire-brigades-local-law-2024-pdf-1775955226038","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of Waroona Bush Fire Brigades Local Law 2024","content":"1961\nISSN 2204-4264 (online)\nPERTH, TUESDAY, 6 AUGUST 2024 No. 96 SPECIAL\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nBUSH FIRES ACT 1954\n————\nSHIRE OF WAROONA\n———————————\nBUSH FIRE BRIGADES\nLOCAL LAW 2024\n\n\n\n1963 GOVERNMENT GAZETTE, WA 6 August 2024\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nBUSH FIRES ACT 1954\nSHIRE OF WAROONA\nBUSH FIRE BRIGADES LOCAL LAW 2024\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Definitions\n1.3 Repeal\n1.4 Application\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a bush fire brigade\n2.1 Establishment of a bush fire brigade\n2.2 Name and area of bush fire brigade\nDivision 2—Transitional\n2.3 Existing bush fire brigades\nDivision 3—Dissolution of bush fire brigade\n2.4 Dissolution of bush fire brigade\n2.5 New arrangement after dissolution\nPART 3—RULES, BUSH FIRE POLICIES AND BUSH FIRE PROCEDURES\nDivision 1—Provision of information to brigade officers\n3.1 Officers to be supplied with relevant laws and information\nDivision 2 –Rules\n3.2 Application of rules\nDivision 3 –Bush fire policies\n3.3 Bush fire policies\n3.4 Policies of local government\n3.5 Making, varying, revoking or applying bush fire policies\nDivision 4 –Bush fire operating procedures\n3.6 Bush fire operating procedures\n3.7 Making, varying, revoking or applying bush fire operating procedures\nPART 4—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—Local government responsibility\n4.1 Local government responsible for structure\nDivision 2—PCBU officer\n4.2 Role of the PCBU officer\n4.3 PCBU Officer may attend meetings\n4.4 Duties of PCBU Officer\nDivision 3—Chief Bush Fire Control Officer\n4.5 Appointment of the Chief Bush Fire Control Officer\n4.6 Managerial role of Chief Bush Fire Control Officer\n4.7 Duties of Chief Bush Fire Control Officer\n4.8 Chief Bush Fire Control Officer may attend meetings\nDivision 4—Bush Fire Control Officers\n4.9 Appointment of Bush Fire Control Officer\n4.10 Duties of a Bush Fire Control Officer\n4.11 Local government to have regard to nominees\nDivision 5—Bush Fire Brigade Officers and Command\n4.12 Officers of bush fire brigade\n4.13 Ranks within the bush fire brigade\n\n1964 GOVERNMENT GAZETTE, WA 6 August 2024\nPART 5—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP\n5.1 Local law to govern\n5.2 Types of membership of bush fire brigade\n5.3 Fire fighting members\n5.4 Associate members\n5.5 Cadet members\n5.6 Honorary life member\n5.7 Notification of membership\nPART 6—ANNUAL GENERAL MEETINGS OF BUSH FIRE BRIGADES\n6.1 Holding of annual general meeting\n6.2 Nomination of officers to Bush Fire Advisory Committee\n6.3 Nomination of bush fire control officer to the local government\n6.4 Minutes to be tabled before the Bush Fire Advisory Committee\nPART 7—BUSH FIRE ADVISORY COMMITTEE\nDivision 1—Bush Fire Advisory Committee\n7.1 Appointment of Bush Fire Advisory Committee\n7.2 Functions of Bush Fire Advisory Committee\n7.3 Bush Fire Advisory Committee to nominate bush fire control officers\n7.4 Bush Fire Advisory Committee to consider bush fire brigade motions\n7.5 Bush Fire Advisory Committee quorum\n7.6 Bush Fire Advisory Committee Voting\n7.7 Bush Fire Advisory Committee Rules\nPART 8—EQUIPMENT OF BUSH FIRES BRIGADES\n8.1 Equipment in brigade area\n8.2 Funding from local government budget\n8.3 Consideration in the local government budget\nFIRST SCHEDULE\nRULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES\nPART 1—PRELIMINARY\n1.1 Interpretation\nPART 2—OBJECTS AND MEMBERSHIP OF BUSH FIRE BRIGADE\n2.1 Objects of bush fire brigade\n2.2 Committee to determine applications\n2.3 Conditions of membership\n2.4 Applications for membership\n2.5 Decision on application for membership\n2.6 Department to be notified of registrations\n2.7 Termination of membership\n2.8 Suspension of membership\n2.9 Existing liabilities to continue\n2.10 Member has right of defence\n2.11 Objection Rights\nPART 3—FUNCTIONS OF BRIGADE OFFICERS\n3.1 Functions of brigade officers\n3.2 Chain of command during fire fighting activities\n3.3 Duties of Captain\n3.4 Secretary\n3.5 Treasurer\n3.6 Equipment Officer\n3.7 Storage of equipment\n3.8 Equipment Officer to report\nPART 4—COMMITTEE\n4.1 Management of bush fire brigade\n4.2 Constitution of Committee\n\n6 August 2024 GOVERNMENT GAZETTE, WA 1965\nPART 5—MEETINGS OF BUSH FIRE BRIGADE\n5.1 Ordinary meetings\n5.2 Special meetings\n5.3 Annual general meeting\n5.4 Quorum\n5.5 Voting\n5.6 Auditor\nPART 6—MEETINGS OF COMMITTEE\n6.1 Meetings of Committee\n6.2 Quorum\n6.3 Voting\nPART 7—GENERAL ADMINISTRATION MATTERS\n7.1 Fees\n7.2 Funds\n7.3 Financial year\n7.4 Banking\n7.5 Disclosure of interests\n7.6 Disagreements\nPART 8—NOTICES AND PROXIES\n8.1 Notices\n8.2 Proxies\nAPPENDIX I\nAPPENDIX II\nAPPENDIX III\n\n\n\n1967 GOVERNMENT GAZETTE, WA 6 August 2024\nPUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER\n© STATE OF WESTERN AUSTRALIA\nBUSH FIRES ACT 1954\nSHIRE OF WAROONA\nBUSH FIRE BRIGADES LOCAL LAW 2024\nUnder the powers conferred by the Bush Fires Act 1954 and under all other powers enabling it, the\nCouncil of the Shire of Waroona resolved on 23 July 2024 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Waroona Bush Fire Brigades Local Law.\n1.2 Definitions\n(1) In this local law unless the context otherwise requires—\nAct means the Bush Fires Act 1954;\nbrigade has the same meaning as “bush fire brigade”;\nbrigade area is defined in clause 2.2(b);\nbrigade member means a fire fighting member, associate member, cadet member or an honorary\nlife member of a bush fire brigade;\nbrigade officer means a person appointed by the local government to hold a position referred to\nin subclause (2);\nbush fire is defined in section 35A of the Act;\nBush Fire Advisory Committee means the body having the functions and role provided for in\nDivisions 3 and 4 of Part 3 of this local law;\nbush fire brigade is defined in section 7 of the Act;\nbush fire control officer means a person appointed by the local government or the FES\nCommissioner with the powers and roles of the bush fire control officer in the Act, the\nRegulations and this local law;\nBush Fire Operating Procedures means the Bush Fire Operating Procedures determined by the\nlocal government or the PCBU Officer as varied from time to time under clauses 3.7 and 3.8;\nCEO means the chief executive officer of the local government;\nchief bush fire control officer means a person appointed by the local government or the FES\nCommissioner with the powers and roles of the chief bush fire control officer in the Act, the\nRegulations and this local law;\nCouncil means the Council of the local government;\nDepartment means the Department of Fire and Emergency Services of Western Australia;\ndeputy means a person appointed by the local government or the FES Commissioner with the\npowers and roles of the position to which the role deputises, in the Act, the Regulations and\nthis local law;\ndistrict means the district of the local government;\nFES Commissioner has the meaning given in the Fire and Emergency Services Act 1998 section\n3;\nfire fighting member is defined in clause 5.3;\nfire weather officer means a person appointed by the local government under section 38(8) of the\nAct with the powers and roles of the senior bush fire control officer in the Act, the\nRegulations and this local law;\nlocal government means the Shire of Waroona;\nnormal brigade activities is defined in section 35A of the Act;\nPCBU Officer means an officer of the local government appointed to perform the functions and\nduties in relation to bush fire brigades of a PCBU officer under the Work Health and Safety\nAct 2020;\nRegulations means Regulations made under the Act;\nRules means the rules set out in the First Schedule intended with this local law and the Bush Fire\nOperating Procedures to govern the operation of bush fire brigades;\nsenior bush fire control officer means a person appointed by the local government or the FES\nCommissioner with the powers and duties of the senior bush fire control officer in the Act, the\nRegulations, and this local law; and\n\n1968 GOVERNMENT GAZETTE, WA 6 August 2024\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 Training Officer;\n(g) a Secretary;\n(h) a Treasurer; or\n(i) a Secretary / Treasurer combined; or\n(j) Any other position(s) deemed necessary for the effective management of brigade activities,\nmeans a brigade member holding that position in a bush fire brigade.\n1.3 Repeal\nThe Local Laws of the Shire of Waroona relating to the Establishment, Maintenance and Equipment of\nBush Fire Brigades, are repealed.\n1.4 Application\nThis local law applies throughout the district and applies generally to the operation of a bush fire\nbrigade of the local government and its officers and members and other persons performing functions\nunder this local law, the Regulations and the Act.\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\nDivision 1—Establishment of a bush fire brigade\n2.1 Establishment of a bush fire brigade\n(1) The local government by resolution of the Council may establish a bush fire brigade for the purpose\nof carrying out normal brigade activities.\n(2) A bush fire brigade is established on the date of the local government’s decision under subclause\n(1).\n2.2 Name and area of bush fire brigade\nOn establishing a bush fire brigade under subclause 2.1(1) the Council 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”).\nDivision 2—Transitional\n2.3 Existing bush fire brigades\n(1) Where the local government has established a bush fire brigade prior to the commencement date,\nthen on and 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;\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 this local law including the Rules.\n(2) In this clause “commencement date” means the day on which this local law comes into\noperation.\nDivision 3—Dissolution of bush fire brigade\n2.4 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, or this local\nlaw including the Rules, or the Bush Fire Policies or Bush Fire Operating Procedures, or is not\nachieving the objectives for which it was established, or for any other reason as determined by the local\ngovernment.\n2.5 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—RULES, BUSH FIRE POLICIES AND BUSH FIRE PROCEDURES\nDivision 1—Provision of information to brigade officers\n3.1 Officers to be supplied with relevant laws and information\nThe local government is to supply each brigade officer with a copy of the Act, the Regulations, this local\nlaw including the Rules, the Council Bush Fire Policies, the Bush Fire Operating Procedures, and any\nother written laws which may be relevant to the performance of the brigade officers’ functions, and any\namendments which are made from time to time.\n\n6 August 2024 GOVERNMENT GAZETTE, WA 1969\nDivision 2—Rules\n3.2 Application of rules\n(1) This local law including the Rules under the First Schedule govern the operation of a bush fire\nbrigade.\n(2) A bush fire brigade and each brigade member is to comply with the Rules.\nDivision 3—Bush fire policies\n3.3 Bush fire policies\n(1) The Bush Fire Polices provide Council intent and direction to the bush fire brigades and bush fire\nbrigade members.\n(2) A bush fire brigade and each brigade member is to comply with the Bush Fire Policies.\n3.4 Policies of local government\nThe local government may make policies under which it—\n(a) provides funding to bush fire brigades for the purchase of protective clothing, equipment and\nappliances;\n(b) keeps bush fire brigades informed of opportunities for funding from other bodies;\n(c) provides for conditions of membership of a bush fire brigade; and\n(d) other matters the local government deems appropriate to bush fire brigades or bush fire brigade\nmembers.\n3.5 Making, varying, revoking or applying bush fire policies\n(1) The local government may make, vary or revoke the Bush Fire Operating Policies.\n(2) The local government may vary the Bush Fire Operating Policies in their application to all bush\nfire brigades or in respect of a particular bush fire brigade or in respect of a bush fire brigade\nmember.\n(3) The Bush Fire Operating Policies, as written, varied or applied, have effect on and from the date of\na decision under subclauses (1) and (2).\nDivision 4—Bush fire operating procedures\n3.6 Bush fire operating procedures\n(1) The Bush Fire Operating Procedures govern the actions of a bush fire brigade and a bush fire\nbrigade member.\n(2) A bush fire brigade and each brigade member is to comply with the Bush Fire Operating\nProcedures.\n3.7 Making, varying, revoking or applying bush fire operating procedures\n(1) The local government or the PCBU Officer may make, vary or revoke the Bush Fire Operating\nProcedures.\n(2) The local government or the PCBU Officer may vary the Bush Fire Operating Procedures in their\napplication to all bush fire brigades or in respect of a particular bush fire brigade or in respect of a\nbush fire brigade member.\n(3) The Bush Fire Operating Procedures, as written, varied or applied, have effect on and from the\ndate of a decision under subclauses (1) and (2).\n(4) Any revoked Bush Fire Operating Procedure ceases to have effect on and from the date of a decision\nunder subclause (1).\n(5) The local government or the PCBU Officer is to notify a bush fire brigade of any change to the Bush\nFire Operating Procedures which affects that bush fire brigade or any of its members as soon as\npracticable after making a decision under subclause (1).\nPART 4—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—Local government responsibility\n4.1 Local government responsible for structure\nThe local government is to ensure that there is an appropriate structure through which the organisation\nof bush fire brigades is maintained.\nDivision 2—PCBU officer\n4.2 Role of the PCBU officer\n(1) The PCBU Officer has primary work, health and safety responsibility for the bush fire brigade\nworkplaces and bush fire brigade members and other persons attending the workplace as required\nunder the Work Health and Safety Act 2020.\n(2) The PCBU Officer has overall duties for the governance, finance, audit, management and compliance\nresponsibilities under the Act, the Fire and Emergency Services Act 1998, the Local Government\nAct 1995 and their regulations for the bush fire brigades and the bush fire brigade members.\n4.3 PCBU Officer may attend meetings\nThe PCBU Officer or their nominee may attend as a non-voting representative of the local government\nat any meeting of a bush fire brigade or the Bush Fire Advisory Committee.\n\n1970 GOVERNMENT GAZETTE, WA 6 August 2024\n4. Duties of PCBU Officer\nThe duties of the PCBU Officer include to—\n(1) provide and maintain a safe workplace for the bush fire brigades and the bush fire brigade members\nand other persons attending the workplace;\n(2) identify and mitigate hazards;\n(3) perform any delegated duties;\n(4) liaise on behalf of the local government with the Chief Bush Fire Control Officer in the performance\nof the Chief Bush Fire Control Officer’s duties;\n(5) 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 brigades or brigade officers;\n(6) perform the overall governance, finance, audit, management and compliance roles.\nDivision 3—Chief Bush Fire Control Officer\n4.5 Appointment of the Chief Bush Fire Control Officer\n(1) Pursuant to section 38 of the Act the local government will appoint a Chief Bush Fire Control\nOfficer and a Deputy Chief Bush Fire Control Officer for nominally two (2) year terms.\n(2) The appointments referred to in subclause (1)—\n(a) become effective at the completion of the meeting of Council at which the appointments are\nmade; and\n(b) despite being nominally for a two (2) year term, expire at the completion of the meeting of\nCouncil at which the new appointments are made.\n(3) Council may resolve to vary the length of terms of the Chief Bush Fire Control Officer and / or the\nDeputy Chief Bush Fire Control Officer.\n4.6 Managerial role of Chief Bush Fire Control Officer\nSubject to any directions by the local government or the PCBU Officer the Chief Bush Fire Control\nOfficer has primary managerial responsibility for the organisation and maintenance of bush fire\nbrigades.\n4.7 Duties of Chief Bush Fire Control Officer\nThe duties of the Chief Bush Fire Control Officer include to—\n(a) provide leadership to volunteer bush fire brigades;\n(b) perform any delegated duties;\n(c) monitor bush fire brigades’ resourcing, equipment (including protective clothing) work health\nand safety compliance and training levels and report thereon with recommendations at least\nonce a year to the local government;\n(d) meet their workplace health and safety obligations under the Work Health and Safety Act 2020\nand the Work Health and Safety (General) Regulations 2022;\n(e) liaise with the local government through the PCBU Officer concerning fire prevention /\nsuppression matters generally and directions to be issued by the local government to bush fire\ncontrol officers (including those who issue permits to burn) bush fire brigades or brigade\nofficers; and\n(f) ensure that bush fire brigades are registered with the local government and that lists of brigade\nmembers are maintained and provided to the PCBU Officer.\n4.8 Chief Bush Fire Control Officer may attend meetings\nThe Chief Bush Fire Control Officer or their nominee, who is to be a bush fire control officer, may attend\nas a non-voting representative of the local government at any meeting of a bush fire brigade.\nDivision 4—Bush Fire Control Officers\n4.9 Appointment of Bush Fire Control Officer\n(1) Pursuant to section 38 of the Act the local government will appoint a Bush Fire Control Officer for\neach brigade area for nominally two (2) year terms.\n(2) The appointments referred to in subclause (1)—\n(a) become effective at the completion of the meeting of Council at which the appointments are\nmade; and\n(b) despite being nominally for a two (2) year term, expire at the completion of the meeting of\nCouncil at which the new appointments are made.\n(3) Council may resolve to vary the length of terms of any Bush Fire Control Officer.\n4.10 Duties of a Bush Fire Control Officer\nThe duties of a Bush Fire Control Officer include—\n(a) the duties of the bush fire control officer provided in the Bush Fires Act 1954 and the Bush\nFires Regulations 1954 and the Bush Fires (Infringements) Regulations 1978; and\n(b) meeting their workplace health and safety obligations under the Work Health and Safety\nAct 2020 and the Work Health and Safety (General) Regulations 2022.\n\n6 August 2024 GOVERNMENT GAZETTE, WA 1971\n4.11 Local government to have regard to nominees\nWhen considering persons for the position of a bush fire control officer, the local government is to—\n(a) have regard to the qualifications, competence and experience of the persons nominated; and\n(b) have regard to those persons nominated by the Bush Fire Advisory Committee, or if no Bush\nFire Advisory Committee has been appointed, have regard to those persons nominated by bush\nfire brigades, but is not bound to appoint the persons nominated.\nDivision 5—Bush Fire Brigade Officers and Command\n4.12 Officers of bush fire brigade\n(1) On establishing a bush fire brigade under subclause 2.1(1) the Council is to appoint for a nominally\ntwo (2) year term—\n(a) a Captain;\n(b) a First Lieutenant;\n(c) a Second Lieutenant;\n(d) additional Lieutenants if the local government considers it necessary;\n(e) an Equipment Officer;\n(f) a Secretary;\n(g) a Treasurer; or\n(h) a Secretary/Treasurer combined; and\n(i) any other position/s deemed necessary for the effective management of bush fire brigade\nactivities (e.g. a Training Officer).\n(2) When considering the appointment of persons to the positions in subclause (1), the bush fire brigade\nand the local government are to have regard to the qualifications, competence and experience which\nmay be required to fill each position.\n(3) A person appointed to a position in subclause (1) is to be taken on the establishment of the bush\nfire brigade to be a brigade member.\n(4) The appointments referred to in subclause (1)—\n(a) become effective at the completion of the meeting of Council at which the appointments are\nmade; and\n(b) despite being nominally for a two (2) year term, expire at the completion of the meeting of\nCouncil at which the new appointments are made following every second annual general\nmeeting of the bush fire brigade.\n(5) If a position referred to in subclause (1) becomes vacant prior to the completion of the second annual\ngeneral meeting of a bush fire brigade, then the local government is to appoint a person to fill the\nvacancy in accordance with subclause (2).\n4.13 Ranks within the bush fire brigade\n(1) Where under the Act, this local law, the Bush Fire Policies and the Bush Fire Operating Procedures\nmembers of the bush fire brigade have command of a fire, unless a bushfire control officer is in\nattendance at the fire, the Captain has full control over other persons fighting the fire, and is to\nissue instructions as to the methods to be adopted by the firefighters. In the absence of the Captain,\nthe first Lieutenant, and in the absence of the first, the second Lieutenant and so on, in the order\nof seniority set out in clause 1.2(2), is to exercise all the powers and duties of the Captain.\n(2) Where a bushfire control officer is in attendance at a fire where the members of the bush fire\nbrigade have command under the Act, this local law, the Bush Fire Policies and the Bush Fire\nOperating Procedures, the most senior bushfire control officer has full control over other persons\nfighting the fire and is to issue instructions as to the methods to be adopted by the fire fighters.\nPART 5—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP\n5.1 Local law to govern\nThe appointment, dismissal and management of brigade members by the bush fire brigade are governed\nby this local law including the Rules in the First Schedule, the Bush Fire Policies and the Bush Fire\nProcedures.\n5.2 Types of membership of bush fire brigade\nThe membership of a bush fire brigade consists of the following—\n(a) fire fighting members;\n(b) associate members;\n(c) cadet members; and\n(d) honorary life members.\n5.3 Fire fighting members\nFire fighting members are those persons being at least 16 years of age who undertake all normal bush\nfire brigade activities.\n\n1972 GOVERNMENT GAZETTE, WA 6 August 2024\n5.4 Associate members\nAssociate members are those persons who are willing to supply free vehicular transport for fire fighting\nmembers or fire fighting equipment, or who are prepared to render other assistance required by the\nbush fire brigade.\n5.5 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 or be in attendance at an uncontrolled\nfire or other emergency incident;\n(d) to be supervised by a fire fighting member when undertaking normal brigade activities as\ndefined by paragraphs (c), (d), (e), (f) and (g) of section 35A of the Act;\n(e) ineligible to vote at bush fire brigade meetings;\n(f) not to be assigned ranks under the rank structure of the Act or this local law.\n5.6 Honorary life member\n(1) The bush fire brigade may by a simple majority resolution nominate a person as an honorary life\nmember in recognition of services by that person to the bush fire brigade and may present that\nnomination to the Bush Fire Advisory Committee;\n(2) No membership fees are to be payable by an honorary life member.\n5.7 Notification of membership\nNo later than 31 May in each year, the bush fire brigade is to report to the Chief Bush Fire Control\nOfficer the name, contact details and type of membership of each brigade member.\nPART 6—ANNUAL GENERAL MEETINGS OF BUSH FIRE BRIGADES\n6.1 Holding of annual general meeting\nA bush fire brigade is to hold its annual general meeting during the month of March each year. Should\nthat not occur in any year, the bush fire brigade is to hold its annual meeting as soon as practicable\nafter March in that year.\n6.2 Nomination of officers to Bush Fire Advisory Committee\nAt every second annual general meeting of a bush fire brigade, one brigade member—\n(a) is to be nominated to the Bush Fire Advisory Committee to serve as the bush fire control officer\nfor the brigade area for a nominally two (2) year term;\n(b) may be nominated to the Bush Fire Advisory Committee to serve as the training officer for the\nbrigade area for a nominally two (2) year term; and\n(c) may be nominated to the Bush Fire Advisory Committee to serve as the fire weather officer for\nthe brigade area for a nominally two (2) year term.\n6.3 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—\n(a) is to nominate one brigade member to the local government to serve as the bush fire control\nofficer for the brigade area for a nominally two (2) year term;\n(b) may nominate one brigade member to the local government to serve as the training officer for\nthe brigade area for a nominally two (2) year term; and\n(c) may nominate one brigade member to the local government to serve as the fire weather officer\nfor the brigade area for a nominally two (2) year term.\n6.4 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 brigade\nto 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, following their receipt under subclause\n(1).\nPART 7—BUSH FIRE ADVISORY COMMITTEE\nDivision 1—Bush Fire Advisory Committee\n7.1 Appointment of Bush Fire Advisory Committee\n(1) Pursuant to section 67 of the Act, the local government may at any time appoint such number of\nnominees of the bush fire brigades as the local government thinks fit as a Bush Fire Advisory\nCommittee, including voting members—\n(a) a member of Council;\n\n6 August 2024 GOVERNMENT GAZETTE, WA 1973\n(b) the Chief Bush Fire Control Officer;\n(c) the Bush Fire Control Officer of each brigade area;\n(d) a local government officer nominated by the PCBU Officer;\nand non-voting members;\n(e) any Department of Fire and Emergency Services representatives deemed appropriate to the\nlocal government; and\n(f) any Department of Biodiversity, Conservation and Attractions representatives deemed\nappropriate to the local government; and\n(g) any other persons the local government deems to have specialist capabilities in relation to bush\nfires.\n(2) The appointments referred to in subclause (1)—\n(a) become effective at the completion of the meeting of Council at which the appointments are\nmade; and\n(b) despite being nominally for a two (2) year term, expire at the completion of the meeting of\nCouncil at which the new appointments are made.\n(3) If a position referred to in subclause (1) becomes vacant prior to the expiry of the nominal two (2)\nyear term, then the local government may appoint a person to fill the vacancy.\n7.2 Functions of Bush Fire Advisory Committee\nPursuant to section 67 of the Act, the Bush Fire Advisory Committee will advise the local government\nin relation to—\n(a) all matters relating to the preventing, controlling and extinguishing of bush fires;\n(b) the planning of the layout of fire-breaks in the district;\n(c) prosecutions for breaches of the Act;\n(d) the formation of bush fire brigades and the grouping thereof under group brigade officers;\n(e) the ensuring of cooperating and coordination of bush fire brigades in their efforts and activities;\nand\n(f) any other matter relating to bush fire control whether of the same kind as, or a different kind\nfrom those specified in this clause, as the local government thinks fit.\n7.3 Bush Fire 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 in which\nthe bush fire brigade nominates a bush fire control officer for their brigade area, the Bush Fire Advisory\nCommittee is to nominate to the local government from the persons nominated by each bush fire brigade\na person for the position of a bush fire control officer for the brigade area, having regard to the\nqualifications, competence and experience of the persons nominated to it.\n7.4 Bush Fire 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 the bush fire brigades.\n7.5 Bush Fire Advisory Committee quorum\n(1) Pursuant to section 67 of the Act the quorum of the Bush Fire Advisory Committee is the number\nthat is at least 50% of the number of non-vacant Bush Fire Advisory Committee member positions.\n(2) No business is to be transacted at a meeting of the Bush Fire Advisory Committee unless a quorum\nof Bush Fire Advisory Committee members is present in person or by proxy.\n7.6 Bush Fire Advisory Committee Voting\nEach Bush Fire Advisory Committee voting member is to have one vote, however in the case of an\nequality of votes, the person presiding may exercise a casting vote.\n7.7 Bush Fire Advisory Committee Rules\nPursuant to section 67 of the Act the local government may make rules for the guidance of the Bush\nFire Advisory Committee and the Bush Fire Advisory Committee is to comply with these rules.\nPART 8—EQUIPMENT OF BUSH FIRES BRIGADES\n8.1 Equipment in brigade area\nNot later than 31 May in each year, a bush fire brigade is to report to the local government where\npossible through the Bush Fire Advisory Committee the nature, quantity and quality of all protective\nclothing, equipment and appliances of the bush fire brigade which are generally available within the\nbrigade area (or at a station of the bush fire brigade).\n8.2 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.\n\n1974 GOVERNMENT GAZETTE, WA 6 August 2024\n8.3 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, having regard to the needs of the bush fire brigades or of\nany particular brigade, and the risks to be faced.\nFIRST SCHEDULE\nRULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES\nPART 1—PRELIMINARY\n1.1 Interpretation\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—\nabsolute majority means a majority of more than 50% of the number of—\n(a) brigade members of the bush fire brigade, whether in attendance at the meeting or not,\nif the majority is required at a meeting of the bush fire brigade; or\n(b) brigade officers of the bush fire brigade, whether in attendance at the meeting or not, if\nthe majority is required at a meeting of the Committee.\nCommittee means the Committee of the bush fire brigade;\nDepartment has the meaning given in the Fire and Emergency Services Act 1998 section 3;\nlocal law means the Shire of Waroona Bush Fire Brigades Local Law;\nnormal brigade activities is defined by section 35A of the Act; and\nsimple majority means a majority of more than 50% of the number of brigade members eligible to\nvote in attendance or by proxy at a meeting.\n(3) 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 simple majority of the brigade members who are present\nin person or by proxy at the meeting.\n(4) Subject to these Rules, where a decision is to be made by the Committee, then the decision may be\nmade by a resolution passed by a simple majority of the brigade officers who are present in person\nor by proxy at the meeting.\nPART 2—OBJECTS AND MEMBERSHIP OF BUSH FIRE BRIGADE\n2.1 Objects of bush fire brigade\nThe objects of the bush fire brigade are to carry out—\n(a) the normal brigade activities; and\n(b) the functions of the bush fire brigade which are specified in the Act, the Regulations and the\nlocal law.\n2.2 Committee to determine applications\nApplications for membership are to be determined by the Committee.\n2.3 Conditions of membership\nIn relation to any type of membership, as described in Part 5 of the local law, the local government may\nestablish policies and/or procedures pertaining to—\n(a) the qualifications and abilities required;\n(b) fees payable, if any;\n(c) a requirement to serve a probationary period;\n(d) procedures to be employed by the Committee prior to approval of an application for\nmembership,\nand the Committee is to act within the parameters of any such policy and/or procedure in determining\napplications for membership.\n2.4 Applications for membership\nAn application for membership is to be in writing and is to be submitted to the Secretary accompanied\nby a relevant completed form provided in Appendix I, II or III of these Rules.\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, subject to\nthe applicant meeting the requirements of any local government policy and the local law; or\n(b) refuse to approve an application for membership.\n(2) If the Committee refuses to approve an application for membership, it is to give written reasons for\nthe refusal, as soon as practicable after the decision is made, to the applicant and the advice that\nthe applicant has the right to object to the local government.\n\n6 August 2024 GOVERNMENT GAZETTE, WA 1975\n2.6 Department 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 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 or the PCBU Officer, permanently incapacitated by mental\nor physical ill-health;\n(d) is dismissed by the Committee or the PCBU Officer; or\n(e) eases to be a member or is taken to have resigned under subclause (2).\n(2) A brigade member whose membership fees are more than one year in arrears is to be taken to have\nresigned from the bush fire brigade.\n2.8 Suspension of membership\n(1) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the\nCommittee or the PCBU Officer, circumstances warrant suspending the member.\n(2) The period of suspension shall be at the discretion of the Committee or the PCBU Officer, as the\ncase may be.\n(3) Upon the expiry of the period of suspension the Committee or PCBU Officer may—\n(a) extend the period of suspension;\n(b) terminate the membership; or\n(c) reinstate the membership.\n2.9 Existing liabilities to continue\nThe resignation, or dismissal of a member under clause 2.7 does not affect any liability of the brigade\nmember arising prior to the date of resignation or dismissal.\n2.10 Member has right of defence\nA brigade member is not to be dismissed under clause 2.7(1)(d) without being given the opportunity to\nmeet with the Committee or the PCBU Officer, whichever intends to dismiss the brigade member, and\nanswer any charges which might give grounds for dismissal.\n2.11 Objection Rights\nA person whose—\n(a) application for membership is refused under clause 2.5(1)(b);\n(b) membership is terminated under clause 2.7(1)(c), clause 2.7(1)(d) or clause 2.8(3)(b); or\n(c) membership is suspended under clause 2.8(1) or clause 2.8(3)(a)\nhas 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) reversing 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\nor the PCBU Officer.\nPART 3—FUNCTIONS OF BRIGADE OFFICERS\n3.1 Functions of brigade officers\nThe functions of brigade officers are as set out in section 44 of the Act and the local law, including these\nRules.\n3.2 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 this local law including these Rules and in local government’s Bush Fire Operating\nProcedures.\n3.3 Duties of Captain\n(1) Subject to subclause (2) below, the Captain is to preside at all meetings.\n(2) In the absence of the Captain, the meeting may elect another person to preside at the meeting.\n3.4 Secretary\n(1) The Secretary is to—\n(a) be in attendance at all meetings and keep a correct minute and account of the proceedings of\nthe bush fire brigade in a book which shall be open for inspection by brigade members at any\nreasonable time;\n\n1976 GOVERNMENT GAZETTE, WA 6 August 2024\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;\n(d) receive membership fees, donations and other monies on behalf of the bush fire brigade, and\nremit them to the Treasurer upon receipt;\n(e) complete and forward an incident report form in the form required by the Department to the\nChief Bush Fire Control Officer and the Department within 14 days after attendance by the\nbush fire brigade at an incident.\n(f) maintain a register of all current brigade members which includes each brigade member’s\ncontact details and type of membership.\n(g) provide no later than 31 May in each year, a report to the Chief Bush Fire Control Officer\ndetailing the name, contact details and type of membership of each brigade member.\n(2) Where a bush fire brigade attends an incident on more than one day, the incident report form is to\nbe completed and forwarded under subclause (1)(e) within 14 days after the last day of attendance.\n3.5 Treasurer\nThe Treasurer is to—\n(a) receive donations and deposits from the Secretary, and deposit all monies to the credit of the\nbush fire brigade’s bank account;\n(b) pay accounts as authorised by the 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 bush fire brigade; and\n(e) regularly inform the Secretary of the names of those brigade members who have paid their\nmembership fees.\n(f) report on the financial position at meetings of the bush fire brigade or Committee.\n3.6 Equipment Officer\nThe Equipment Officer is responsible for the custody and maintenance in good order and condition of\nall protective clothing, equipment and appliances provided by the local government to the bush fire\nbrigade (or of the bush fire brigade).\n3.7 Storage of equipment\n(1) The Equipment Officer may store all of the equipment of the bush fire brigade at a place approved\nby the Captain (the “station”).\n(2) If there is to be more than one station in the brigade area, the Equipment Officer may appoint in\nrespect of each station a person who is responsible for the custody and maintenance in good order\nand condition of all equipment and appliances at the station, subject to any direction of the\nEquipment Officer.\n3.8 Equipment Officer to report\nThe Equipment Officer is to provide, no later than 31 May of each year, a report to the local government\nand bush fire brigade captain describing the nature, quantity and quality of all protective clothing,\nequipment and appliances of the bush fire brigade which are generally available within the bush fire\nbrigade area (or at a station of the bush fire brigade).\nPART 4—COMMITTEE\n4.1 Management of bush fire brigade\n(1) Subject to the provisions of these Rules, the administration and management of the affairs of the\nbush fire brigade are vested in the Committee.\n(2) Without limiting the generality of subclause (1), the Committee is to have the following functions—\n(a) to recommend to the local government amendments to these Rules or to the Bush Fire Policies\nor to the Bush Fire Operating Procedures;\n(b) to draft the annual budget for the bush fire brigade and present it at the annual general\nmeeting of the bush fire brigade;\n(c) to propose a motion for consideration at any meeting of the bush fire brigade;\n(d) to recommend to the local government equipment which needs to be supplied by the local\ngovernment to the bush fire brigade;\n(e) to invest or place on deposit any of the funds of the bush fire brigade not immediately required\nto perform the normal brigade activities;\n(f) to delegate to a person, as from time to time thought fit and able, any functions (being less than\nthe total functions of the Committee) of the Committee on any conditions it thinks fit, subject\nto that person being trained and competent to undertake the function;\n(g) to do 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) deal with membership applications, grievances, disputes and disciplinary matters.\n\n6 August 2024 GOVERNMENT GAZETTE, WA 1977\n4.2 Constitution of Committee\n(1) The Committee of the bush fire brigade is to consist of the brigade officers being the Captain,\nSecretary, Treasurer, Equipment Officer, Training Officer (if any) and the Lieutenants of the\nbrigade.\n(2) The brigade officers are to—\n(a) be elected for nomination and recommendation to the Council at the annual general meeting of\nthe bush fire brigade;\n(b) hold office for a nominally two (2) year term as provided in subclause 4.12(1) of the local law—\n(i) from the completion of the meeting of Council at which the appointments are made; and\n(ii) to the completion of the Council meeting in two (2) annual general meetings time, of the\nbush fire brigade at which nominations for fresh appointment of officers are dealt with;\nand\n(iii) shall be eligible for re-election in two (2) annual general meetings time.\n(3) Any brigade officer may be nominated to Council to be removed from office by an absolute majority\ndecision of the brigade members present in person or by proxy at a special meeting called for such\na purpose.\n(4) Any brigade officer may be removed from office by the Local Government or the PCBU Officer\nfollowing consultation with the chief bush fire brigade officer in the event that the brigade officer\nfails to perform their requirements.\n(5) The Committee may nominate to Council a brigade member to fill a vacancy in any office arising\nfrom a resolution under subclause (3) or (4) or which has arisen for any other reason.\nPART 5—MEETINGS OF BUSH FIRE BRIGADE\n5.1 Ordinary meetings\n(1) Ordinary meetings may be called at any time by the Secretary under instruction from the Captain,\nby giving at least seven (7) days’ notice to all brigade members and to the Chief Bush Fire Control\nOfficer, for the purpose of—\n(a) organising and checking equipment;\n(b) requisitioning new or replacement equipment;\n(c) organising field excursions, training sessions, hazard reduction programs, and the preparation\nof fire-breaks;\n(d) considering new procedures in respect of any of the normal brigade activities; and\n(e) dealing with any general business.\n(2) In a notice given under subclause (1), the Secretary is to specify the business which is to be\nconducted at the meeting.\n(3) Business may be conducted at an ordinary meeting of the bush fire brigade notwithstanding that\nit was not specified in a notice given under subclause (1) in relation to that meeting, subject to a\nsimple majority vote of the fire brigade officers present at the meeting to accept conduct of an item\nof business not specified in a notice.\n5.2 Special meetings\n(1) The Secretary is to call a special meeting when 5 or more brigade members request one in writing.\n(2) At least 2 days’ notice of a special meeting is to be given by the Secretary, to all brigade members\nand to the Chief Bush Fire Control Officer.\n(3) In a notice given under subclause (2) the Secretary is to specify the business which is to be\nconducted at the meeting.\n(4) No business is to be conducted at a special meeting beyond that specified in a notice given under\nsubclause (2) in relation to that meeting.\n5.3 Annual general meeting\n(1) At least seven (7) days’ notice of the annual general meeting is to be given by the Secretary to all\nbrigade members and to the Chief Bush Fire Control Officer.\n(2) At the annual general meeting the bush fire brigade is to—\n(a) nominate and recommend the brigade officers from among the brigade members, where the\nnominal two (2) year terms are to expire;\n(b) consider the Captain’s report on the year’s activities;\n(c) adopt the annual financial statements;\n(d) appoint an Auditor for the ensuing financial year in accordance with clause 5.6; and\n(e) deal with any general business.\n(3) In a notice given under subclause (1), the Secretary is to specify the business which is to be\nconducted at the meeting.\n(4) Business may be conducted at an annual general meeting notwithstanding that it was not specified\nin a notice given under subclause (1) in relation to that meeting, subject to a simple majority vote\nof the fire brigade officers present at the meeting to accept conduct of an item of business not\nspecified in a notice.\n\n1978 GOVERNMENT GAZETTE, WA 6 August 2024\n5.4 Quorum\n(1) The quorum for a meeting of the bush fire brigade is the number of members that is at least 50%\nof the number of offices (whether vacant or not) of the bush fire brigade.\n(2) No business is to be transacted at a meeting of the bush fire brigade unless a quorum of brigade\nmembers is present in person or by proxy.\n5.5 Voting\nEach brigade member is to have one vote, however in the event of an equality of votes, the Captain (or\nperson presiding) may exercise a casting vote.\n5.6 Auditor\n(1) At the annual general meeting a person, not being a brigade member, is to be appointed as the\nAuditor of the bush fire brigade for the ensuing financial year.\n(2) The Auditor is to audit the accounts of the bush fire brigade not less than 7 days before the annual\ngeneral meeting and is to certify to their correctness or otherwise and present a report at the annual\ngeneral meeting.\nPART 6—MEETINGS OF COMMITTEE\n6.1 Meetings of Committee\n(1) The Committee is to meet for the conduct of business, adjourn and otherwise regulate its meeting\nas it thinks fit within these rules.\n(2) The Captain or Secretary may convene a meeting of the Committee at any time.\n6.2 Quorum\nNo business is to be transacted at a meeting of the Committee unless a quorum of 3 brigade officers are\npresent in person.\n6.3 Voting\nEach brigade officer is to have one vote, however in the case of an equality of votes, the Captain (or\nperson presiding) may exercise a casting vote.\nPART 7—GENERAL ADMINISTRATION MATTERS\n7.1 Fees\n(1) The membership fees, if any, for each type of member for the ensuing 12 months are to be\ndetermined by the local government.\n(2) Subject to subclause (3), a member is to pay the membership fees for her or his type of membership\non or before 1 May.\n(3) The local government, on recommendation of the bush fire brigade may exempt a brigade member,\nor a class of membership, from the payment of membership fees, for such period and on such\nconditions as the local government may determine.\n7.2 Funds\nThe funds of the bush fire brigade are to be used solely for the purpose of promoting the objects of the\nbush fire brigade.\n7.3 Financial year\nThe financial year of the bush fire brigade is to commence on 1 July and is to end on 30 June of the\nfollowing year.\n7.4 Banking\n(1) The funds of the bush fire brigade are to be placed in a bank account and are to be drawn on only\nby cheques signed jointly by any 2 of the Captain, Secretary or Treasurer, or by dual approval\nelectronically.\n(2) If the Secretary/Treasurer is a combined position, the Captain and Secretary/Treasurer are to sign\nthe cheques or approve the expenditure electronically referred to in subclause (1).\n7.5 Disclosure of interests\n(1) A brigade member shall disclose to the bush fire brigade or Committee any financial interest\n(whether direct or indirect) they may have in any matter being considered by the bush fire brigade\nor Committee, as appropriate.\n(2) If a financial interest has been disclosed under subclause (1), then the bush fire brigade or\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 Committee, as appropriate, decides under subclause (2), that a\nbrigade member is not to be permitted to vote on a matter, and the brigade member votes on the\nmatter, then their vote is to be taken to have no effect and is not to be counted.\n7.6 Disagreements\n(1) Any disagreement between brigade members may be referred to either the Captain or to the\nCommittee.\n\n6 August 2024 GOVERNMENT GAZETTE, WA 1979\n(2) Where a disagreement in subclause (1) is considered by the Captain or the Committee to be of\nimportance to the interests of the bush fire brigade, then the Captain or the Committee, as the case\nmay be, is to refer the disagreement to the annual general meeting, an ordinary meeting or a special\nmeeting 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 disagreement which is not resolved under subclause (1) or (2).\nPART 8—NOTICES AND PROXIES\n8.1 Notices\n(1) Notices of meetings of the bush fire brigade are to be in writing and sent by ordinary post and by\nelectronic means if available, to the registered address or to the electronic address of each brigade\nmember.\n(2) Notices of meetings of the Committee may be given in writing in accordance with subclause (1) or\nby such other means as the Committee may decide (by an absolute majority) at a meeting of the\nCommittee.\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 the notice or any resolutions passed at\nthe meeting.\n(4) Where any notice other than a notice of meeting is to be given under these Rules, the notice is to\nbe—\n(a) in writing;\n(b) unless otherwise specified, given to or by the Secretary;\n(c) given by—\n(i) personal delivery;\n(ii) post; or\n(iii) electronic transmission;\n(d) taken to have been received, as the case may be—\n(i) at the time of personal delivery;\n(ii) 2 business days after posting; or\n(iii) on the evidence of the sender’s transmission report.\n8.2 Proxies\n(1) Where under these Rules a brigade member may vote by proxy, in order for the proxy to so vote,\nthe brigade member or the proxy shall give a notice in the form of that appearing in this clause, to\nthe Secretary or the person presiding at the meeting before the start of the meeting at which the\nproxy is to be used.\n(2) A proxy is to be valid for the meeting for which it is given and for any adjournments of that meeting.\n(3) A proxy shall be valid for the number of votes to which the brigade member is entitled.\n(4) If the donor of the proxy does not give any indication of the manner in which the proxy is to vote,\nthe proxy shall be entitled to vote or not vote as he or she thinks fit.\n(5) A proxy shall be entitled to speak on behalf of the donor of the proxy.\n(6) All forms appointing proxies deposited under subclause (1) are to be retained by the Secretary for\nnot less than 28 days after the conclusion of the meeting to which they relate but if there is any\nobjection to the validity of any vote at the meeting, they are to be retained until the determination\nof that objection.\n(7) The form appointing a proxy shall be in writing and signed by the brigade member appointing the\nproxy and shall be in or substantially in the form set out below—\n\n1980 GOVERNMENT GAZETTE, WA 6 August 2024\nPROXY VOTE AUTHORISATION\nWAROONA BUSH FIRE BRIGADE [ANNUAL][EXTRAORDINARY] GENERAL MEETING\nTO BE HELD ON _________________________________________________________________ [DATE]\nI, ________________________________________________ ,\nbeing a brigade member appoint:\n_________________________________________________ to be my proxy and vote on my behalf at the\nmeeting of the bush fire brigade to be held on [insert date] and at any adjournment of it. The proxy\nshall vote as follows—\nMOTION FOR AGAINST ABSTAIN\n1. ............................................................................................................\n2. ............................................................................................................\n3. ............................................................................................................\nIf there is no instruction to the proxy as to the way to vote, the proxy shall exercise their discretion as\nto how to vote or whether to vote at all. In respect of any vote taken at the meeting on a matter which\ndoes not appear on the agenda, the proxy shall exercise their discretion as to the way they cast their\nvote or whether it is cast at all.\nDated this _________________ day of _____________________ 20___\nSigned by Brigade Member: ____________________________________\nNOTE: To be valid this proxy vote authorisation must be completed and returned to the Secretary of\nthe bush fire brigade (or the presiding member) prior to the commencement of the meeting for which\nthe proxy is valid.\nDated this _________________ day of _____________________ 20___\nSigned by Proxy: ______________________________________________\n\n6 August 2024 GOVERNMENT GAZETTE, WA 1981\nAPPENDIX I\nAPPLICATION FOR MEMBERSHIP—FIRE FIGHTING MEMBER\nI make application to be a fire fighting member of the ......................................... Bush Fire Brigade.\nApplicant’s Name .....................................................................................................................................\nMy private address is ..............................................................................................................................\n..................................................................................................................................................................\nMy business address is ............................................................................................................................\n..................................................................................................................................................................\nUsual Occupation .....................................................................................................................................\nI can be contacted on:\nTelephone No ................................ (Home) .......................................... (Work) .....................................\nMobile ........................................... Email Address: ................................................................................\nUHF Radio: ................................... Channel ......................................... Call Sign .................................\nIf needed, I can provide my own transport to the scene of any outbreak. (This line to be struck out if not\napplicable)\nI hold a current driver’s licence No ................................ .Classes ...........................................................\nI declare that I am at least 16 years of age and in good health with no known medical conditions which\nmight limit my capacity to fight fires.\nI give these undertakings—\n(1) to promote the objects of the bush fire brigade as far as is in my power;\n(2) to be governed by and comply with the provisions of the Bush Fires Act 1954 and the\nRegulations made under that Act, and the local law including the Rules, bush fire policies and bush\nfire operating procedures of the Shire of Waroona relevant to fire control and bush fire brigades;\n(3) to use my best endeavours to give assistance in fire fighting measures when called upon and on\nsuch occasions to obey all orders and instructions issued by duly authorized officers of the bush fire\nbrigade or the local government;\n(4) to comply with my duty of care obligations under the Work Health and Safety Act 2020 and the\nRegulations made under that Act, and Work, Health and Safety policies and operating procedures\nof the Shire of Waroona relevant to me as a volunteer and fire brigade member.\nDate ............................................... ...................................................................................\nApplicant’s signature\nPlease list here any fire fighting equipment owned by you.\n1. ........................................................................................................................\n2. ........................................................................................................................\n3. ........................................................................................................................\nBUSH FIRE brigade use only:\nAPPROVED / DECLINED\nSigned: .........................................................................................\nBrigade Captain\n\n1982 GOVERNMENT GAZETTE, WA 6 August 2024\nAPPENDIX II\nAPPLICATION FOR MEMBERSHIP—ASSOCIATE MEMBER\nI make application to be an associate member of the ........................................... Bush Fire Brigade.\n(a) I am prepared to offer to transport fire fighting members and/or equipment to the scene of any\noutbreak when called upon. I have a motor vehicle of the following type ..............................\navailable for such purpose.\nMDL No: ............................................. Classes: .........................................\n(b) I am prepared to offer my services in the following capacity—\n..................................................................................................................................................................\n..................................................................................................................................................................\n(paragraph (a) or (b) above may be struck out if not applicable)\nApplicant’s Name ....................................................................................................................................\nMy private address is ..............................................................................................................................\n..................................................................................................................................................................\nMy business address is ...........................................................................................................................\nI can be contacted on—\nTelephone No:................................ (Home) ........................................... (Work) .....................................\nMobile ........................................... Email: ..............................................................................................\nUHF Radio:.................................... Channel ......................................... Call Sign...................................\nI give these undertakings—\n(1) to promote the objects of the bush fire brigade as far as is in my power;\n(2) to be governed by and comply with the provisions of the Bush Fires Act 1954 and the\nRegulations made under that Act, and the local law including the Rules, bush fire policies and bush\nfire operating procedures of the Shire of Waroona relevant to fire control and bush fire brigades;\n(3) to use my best endeavours to assist in normal bush fire brigade activities as an associate member\nwhen called upon and on such occasions to obey all orders and instructions issued by duly\nauthorized officers of the bush fire brigade or the local government;\n(4) to comply with my duty of care obligations under the Work Health and Safety Act 2020 and the\nRegulations made under that Act, and Work, Health and Safety policies and operating procedures\nof the Shire of Waroona relevant to me as a volunteer and fire brigade member.\nDate .............................................. ..............................................................................\nApplicant’s signature\nBUSH FIRE brigade use only:\nAPPROVED / DECLINED\nSigned: .........................................................................................\nBrigade Captain\n\n6 August 2024 GOVERNMENT GAZETTE, WA 1983\nAPPENDIX III\nAPPLICATION FOR MEMBERSHIP—CADET MEMBER\nI make application to be a cadet member of the ......................................................Bush Fire Brigade.\nApplicant’s Name .....................................................................................................................................\nMy private address is .............................................................................................................................\n..................................................................................................................................................................\nI can be contacted on: Telephone No: ................................. (Home) . .................................. (Work)\nMobile: .......................................... Email Address: ................................................................................\nUHF Radio: ................................... Channel ......................................... Call Sign ..................................\nI declare that I am .................... years of age and in good health.\nDate of Birth: ...............................\nI give these undertakings—\n(1) to promote the objects of the bush fire brigade as far as is in my power;\n(2) to be governed by and comply with the provisions of the Bush Fires Act 1954 and the\nRegulations made under that Act, and the local law including the Rules, bush fire policies and bush\nfire operating procedures of the Shire of Waroona relevant to fire control and bush fire brigades;\n(3) to use my best endeavours to assist in normal bush fire brigade activities as an associate member\nwhen called upon and on such occasions to obey all orders and instructions issued by duly\nauthorized officers of the bush fire brigade or the local government;\n(4) to comply with my duty of care obligations under the Work Health and Safety Act 2020 and the\nRegulations made under that Act, and Work, Health and Safety policies and operating procedures\nof the Shire of Waroona relevant to me as a volunteer and fire brigade member.\nDate ............................................... ...................................................................................\nApplicant’s signature\nPARENT / GUARDIAN CONSENT—\nI ................................................................ , being the parent/guardian of the above applicant, consent to\n.................................................................. being a cadet member of the ................................................. .\nBush Fire Brigade, in accordance with the rules applicable to cadet membership.\nDate .............................................. Signed .................................................................................\nBUSH FIRE brigade use only:\nAPPROVED / DECLINED\nSigned: .........................................................................................\nBrigade Captain\n———————————\nDated the 26th day of July 2024.\nThe Common Seal of the Shire of Waroona was affixed by the authority of a resolution of council in the\npresence of—\nCR JOHN MICHAEL SCOTT WALMSLEY, Shire President.\nMARK ANDREW GOODLET, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This appears to be a consolidated or updated version of previous local laws governing bush fire brigades (explicitly repealing 'The Local Laws of the Shire of Waroona relating to the Establishment, Maintenance and Equipment of Bush Fire Brigades'). The scope remains focused on the establishment, governance, and operation of volunteer bush fire brigades within the Shire, which aligns with the original intent under the Bush Fires Act 1954. While comprehensive, it does not appear to have expanded beyond the traditional local government fire management remit."},"complexity_factors":["Moderate length with 8 main parts plus a detailed First Schedule containing operational rules","25+ defined terms in section 1.2 including cross-references to the Bush Fires Act 1954, Fire and Emergency Services Act 1998, and Work Health and Safety Act 2020","Nested appointment structures with varying term lengths (nominally 2 years but with complex expiry triggers tied to Council meetings and AGMs)","Multiple overlapping governance bodies (Council, Bush Fire Advisory Committee, brigade Committees, individual brigades) with different voting rules and quorums","Conditional logic for command structures depending on whether bush fire control officers are present at fires","Transitional provisions for existing brigades (clause 2.3)","Multiple appendix forms for different membership types with specific undertakings referencing three different Acts","Proxy voting mechanisms with specific form requirements","Interplay between local law, the First Schedule Rules, Bush Fire Policies, and Bush Fire Operating Procedures creates a four-layer regulatory framework"],"plain_english_summary":"This local law establishes how volunteer bush fire brigades in the Shire of Waroona are created, managed, and, if necessary, dissolved. It sets a command structure, membership categories (including cadets and honorary members), governance requirements, and rules for meetings, finances and equipment.\n\nBy integrating safety obligations and appointing a PCBU Officer, the law ties brigade operations to broader WHS and state requirements. It affects volunteer firefighters, council staff and residents by clarifying leadership, accountability and safety in local fire protection."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The local law replaces earlier Shire rules (clause 1.3) and formalises and expands internal governance, WHS responsibilities and administrative procedures. It adds a defined PCBU Officer role with explicit WHS and governance duties (clauses 4.2–4.4), prescribes regular reporting and budget/timing deadlines for equipment funding and membership data (clauses 8.2, 8.1, First Schedule clauses 3.4(1)(e), 3.8), and gives the local government broad discretion to make/alter Bush Fire Policies and Operating Procedures and to cancel brigade registrations for a wide range of reasons (clauses 3.5, 3.7, 2.4). These changes refine operational scope and increase administrative and compliance obligations on brigades and officers."},"complexity_factors":["Multiple statutory cross-references and layered governance: integrates the Bush Fires Act 1954, the Work Health and Safety Act 2020, the Fire and Emergency Services Act 1998 and their regulations (see clause 1.2 definitions and clauses 4.2, 4.7, 4.10).","Delegation and discretionary rule‑making: local government and the PCBU Officer may make, vary or revoke Bush Fire Policies and Bush Fire Operating Procedures and apply them differently across brigades or members (clauses 3.5, 3.7).","Detailed internal governance and membership rules: extensive First Schedule Rules govern membership categories, applications, suspensions, meetings, proxies, committees, voting thresholds and financial management (First Schedule Parts 1–8).","Appointment and term conventions with administrative timing dependencies: nominations, nominal two‑year terms, and appointment effectiveness tied to Council meeting timing (clauses 4.5(1)–(2), 4.9(1)–(2), 4.12(1), 6.1–6.4).","Reporting and compliance deadlines: annual member lists and equipment reports due by 31 May; funding requests by 31 March; incident reports within 14 days (clauses 5.7, 8.1, 8.2, First Schedule clauses 3.4(1)(e), 3.8).","Multiple decision‑makers and potential overlaps: Council, PCBU Officer, Chief Bush Fire Control Officer, Bush Fire Advisory Committee and brigade Committees all have roles and some overlapping functions (clauses 3.7, 4.2–4.11, 7.1–7.4).","Enforcement and exit powers: Council may cancel brigade registration for broad reasons and must arrange alternative fire control (clauses 2.4–2.5).","Operational command rules that change depending on attendance of bush fire control officers vs brigade Captain (clause 4.13).","Financial controls and audit requirements for brigade funds with specified signatories and an external auditor (First Schedule clauses 5.6, 7.4).","Administrative formalities: numerous prescribed forms, appendices and procedural steps (First Schedule Appendices I–III, proxy form)."],"plain_english_summary":"This local law sets out how the Shire of Waroona establishes, runs and, if necessary, dissolves volunteer bush fire brigades. It defines membership categories, officer roles and ranks, meeting and reporting rules, equipment funding procedures, and gives the local government and a PCBU Officer powers to make and vary brigade policies and operating procedures. It affects brigade members, brigade officers, the local government (Council, CEO), the PCBU Officer and the Bush Fire Advisory Committee because it fixes duties, reporting deadlines and decision‑making authority that govern operations and safety compliance."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-waroona-bush-fire-brigades-local-law-2024","history":"/api/acts/shire-of-waroona-bush-fire-brigades-local-law-2024/history","analysis":"/api/acts/shire-of-waroona-bush-fire-brigades-local-law-2024/analysis","conflicts":"/api/acts/shire-of-waroona-bush-fire-brigades-local-law-2024/conflicts","importantCases":"/api/acts/shire-of-waroona-bush-fire-brigades-local-law-2024/important-cases","documents":"/api/acts/shire-of-waroona-bush-fire-brigades-local-law-2024/documents"}}