{"id":"wa-local:wyalkatchem-shire-of-shire-of-wyalkatchem-bush-fire-brigades-local-law-2024","name":"Shire of Wyalkatchem - Bush Fire Brigades Local Law 2024","slug":"shire-of-wyalkatchem-bush-fire-brigades-local-law-2024","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439097,"registerId":"wa-local:wyalkatchem-shire-of-shire-of-wyalkatchem-bush-fire-brigades-local-law-2024-pdf-1775955238670","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of Wyalkatchem - Bush Fire Brigades Local Law 2024","content":"1745\nISSN 2204-4264 (online)\nPERTH, FRIDAY, 19 JULY 2024 No. 86 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 WYALKATCHEM\n———————————\nBUSH FIRE BRIGADES\nLOCAL LAW 2024\n\n\n\n19 July 2024 GOVERNMENT GAZETTE, WA 1747\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF WYALKATCHEM\nBUSH FIRE BRIGADES LOCAL LAW 2024\nUnder the powers conferred by the\nBush Fires Act 1954 and under all other powers enabling it, the\nCouncil of the Shire of Wyalkatchem resolved on 25 June 2024 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the\nShire of Wyalkatchem Bush Fire Brigades Local Law 2024.\n1.2 Definitions\n(1) In this local law unless the context otherwise requires—\nAct means the\nBush Fires Act 1954;\nbrigade area is defined in clause 2.2(1)(b);\nbrigade member means a fire fighting member, associate member or a cadet member of a bush\nfire brigade;\nbrigade officer means a person holding a position referred to in clause 2.2 (1)(c), whether or not\nhe or she was appointed by the local government or elected at an annual general meeting of a\nbush fire brigade or otherwise appointed to the position;\nbush fire brigade is defined in section 7 of the Act;\nBush Fire Operating Procedures means the Bush Fire Operating Procedures adopted by the\nlocal government as amended from time to time;\nCEO means the chief executive officer of the Shire of Wyalkatchem;\nCouncil means the Council of the local government;\nDepartment means the Department of Fire and Emergency Services of Western Australia;\ndistrict means the district of the local government;\nfirefighting member is defined in clause 4.2;\nlocal government means the Shire of Wyalkatchem;\nRegulations means Regulations made under the Act; and\nRules means the Rules Governing the Operation of Bush Fire Brigades set out in the First\nSchedule.\n(2) In this local law, unless the context otherwise requires, a reference to—\n(a) a Captain;\n(b) a First Lieutenant;\n(c) a Second Lieutenant;\n(d) any additional Lieutenants;\n(e) an Equipment Officer;\n(f) a Secretary;\n(g) a Treasurer; or\n(h) a Secretary / Treasurer combined,\nmeans a person holding that position in a bush fire brigade.\n1.3 Repeal\nThe\nShire of Wyalkatchem Bush Fire Brigades Local Law 2022 published in the\nGovernment Gazette\non 13 March 2023 is repealed.\n1.4 Application\nThis local law applies throughout the district.\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 may establish a bush fire brigade for the purpose of carrying out normal\nbrigade activities.\n(2) A bush fire brigade is established on the date of the local government’s decision under subclause\n(1).\n\n1748 GOVERNMENT GAZETTE, WA 19 July 2024\n2.2 Name and officers of bush fire brigade\n(1) On establishing a bush fire brigade under clause 2.1(1) the local government is to—\n(a) give a name to the bush fire brigade;\n(b) specify the area in which the bush fire brigade is primarily responsible for carrying out the\nnormal brigade activities (the “brigade area”); and\n(c) appoint—\n(i) a Captain;\n(ii) a First Lieutenant;\n(iii) a Second Lieutenant;\n(iv) additional Lieutenants if the local government considers it necessary;\n(v) an Equipment Officer;\n(vi) a Secretary; and\n(vii) a Treasurer; or\n(viii) a Secretary/Treasurer combined.\n(2) When considering the appointment of persons to the positions in subclause (1)(c), the local\ngovernment is to have regard to the qualifications and experience which may be required to fill\neach position.\n(3) A person appointed to a position in subclause (1)(c) is to be taken to be a brigade member.\n(4) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general\nmeeting of the bush fire brigade.\n(5) If a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first annual\ngeneral meeting, then the local government is to appoint a person to fill the vacancy in accordance\nwith subclause (2)\nDivision 2—Command at a fire\n2.3 Ranks within the bush fire brigade\n(1) Where under the Act and Bush Fire Operating Procedures members of the bush fire brigade have\ncommand of a fire, unless a bushfire control officer is in attendance at the fire, the Captain has full\ncontrol over other persons fighting the fire, and is to issue instructions as to the methods to be\nadopted by the firefighters.\n(2) In the absence of the Captain, the first Lieutenant, and in the absence of the first, the second\nLieutenant and so on, in the order of seniority determined, is to exercise all the powers and duties\nof the Captain.\n(3) Where a bushfire control officer is in attendance at a fire which the members of the bush fire brigade\nhave command of under the Act and the Bush Fire Operating Procedures, the most senior bushfire\ncontrol officer has full control over other persons fighting the fire and is to issue instructions as to\nthe methods to be adopted by the fire fighters.\nDivision 3—Application of Rules to a bush fire brigade\n2.4 Rules\n(1) The Rules govern the operation of a bush fire brigade.\n(2) A bush fire brigade and each brigade member is to comply with the Rules as set out in the First\nSchedule.\nDivision 4—Transitional\n2.5 Existing Bush Fire Brigades\n(1) Where a local government has established a bush fire brigade prior to the commencement date,\nthen on and from the commencement day—\n(a) the bush fire brigade is to be taken to be a bush fire brigade established under and in\naccordance with this local law;\n(b) the provisions of this local law apply to the bush fire brigade save for clause 2.2; and\n(c) any rules governing the operation of the bush fire brigade are to be taken to have been repealed\nand substituted with the Rules.\n(2) In this clause—\n“commencement day” means the day on which this local law comes into operation.\nDivision 5—Dissolution of bush fire brigade\n2.6 Dissolution of bush fire brigade\nIn accordance with section 41(3) of the Act, the local government may cancel the registration of a bush\nfire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local law,\nthe Bush Fire Operating Procedures or the Rules, or is not achieving the objectives for which it was\nestablished.\n2.7 New arrangement after dissolution\nIf the local government cancels the registration of a bush fire brigade, alternative fire control\narrangements are to be made in respect of the brigade area.\n\n19 July 2024 GOVERNMENT GAZETTE, WA 1749\nPART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES\nDivision 1—Local government responsibility\n3.1 Local government responsible for structure\nThe local government is to ensure that there is an appropriate structure through which the organisation\nof bush fire brigades is maintained.\n3.2 Officers to be supplied with Act\nThe local government is to supply each brigade officer with a copy of the Act, the Regulations, the Bush\nFire Operating Procedures, this local law and any other written laws which may be relevant to the\nperformance of the brigade officers’ functions, and any amendments which are made from time to time.\nDivision 2—Chief Bush Fire Control Officer\n3.3 Managerial role of Chief Bush Fire Control Officer\nSubject to any directions by the local government the Chief Bush Fire Control Officer has primary\nmanagerial responsibility for the organisation and maintenance of bush fire brigades.\n3.4 Chief Bush Fire Control Officer may attend meetings\nThe Chief Bush Fire Control Officer or her or his nominee (who is to be a bush fire control officer) may\nattend as a non-voting representative of the local government at any meeting of a bush fire brigade.\n3.5 Duties of Chief Bush Fire Control Officer\nThe duties of the Chief Bush Fire Control Officer include—\n(a) provide leadership to volunteer bush fire brigades;\n(b) monitor bush fire brigades’ resourcing, equipment (including protective clothing) and training\nlevels and report thereon with recommendations at least once a year to the local government;\n(c) liaise with the local government concerning fire prevention / suppression matters generally and\ndirections to be issued by the local government to bush fire control officers (including those who\nissue permits to burn) bush fire brigades or brigade officers;\n(d) ensure that bush fire brigades are registered with the local government and that lists of brigade\nmembers are maintained.\nDivision 3—Annual general meetings of bush fire brigades\n3.6 Holding of annual general meeting\nA bush fire brigade is to hold its annual general meeting during the month of March each year.\n3.7 Nomination of bush fire control officers to Bush Fire Advisory Committee\nAt the annual general meeting of a bush fire brigade, one brigade member is to be nominated to the\nBush Fire Advisory Committee to serve as the bush fire control officer for the brigade area until the\nnext general meeting.\n3.8 Nomination of bush fire control officer to the local government\nIf the local government has not established a Bush Fire Advisory Committee, then at the annual general\nmeeting of a bush fire brigade, the bush fire brigade is to nominate one brigade member to the local\ngovernment to serve as the bush fire control officer for the brigade area until the next annual general\nmeeting.\n3.9 Minutes to be tabled before the Bush Fire Advisory Committee\n(1) The Secretary is to forward a copy of the minutes of the annual general meeting of a bush fire\nbrigade to the Chief Bush Fire Control Officer within one month after the meeting.\n(2) The Chief Bush Fire Control Officer is to table the minutes of a bush fire brigade’s annual general\nmeeting at the next meeting of the—\n(a) Bush Fire Advisory Committee; or\n(b) Council, if there is no Bush Fire Advisory Committee,\nfollowing their receipt under subclause (1).\nDivision 4—Bush Fire Advisory Committee\n3.10 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 is determined by the local government.\n3.11 Advisory Committee to nominate bush fire control officers\nAs soon as practicable after the annual general meeting of each bush fire brigade in the district, the\nBush Fire Advisory Committee is to nominate to the local government from the persons nominated by\neach bush fire brigade a person for the position of a bush fire control officer for the brigade area.\n3.12 Local government to have regard to nominees\nWhen considering persons for the position of a bush fire control officer, the local government is to have\nregard to those persons nominated by the Bush Fire Advisory Committee, but is not bound to appoint\nthe persons nominated.\n\n1750 GOVERNMENT GAZETTE, WA 19 July 2024\n3.13 Advisory Committee to consider bush fire brigade motions\nThe Bush Fire Advisory Committee is to make recommendations to the local government on all motions\nreceived by the Bush Fire Advisory Committee from bush fire brigades.\nPART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP\n4.1 Types of membership of bush fire brigade\nThe membership of a bush fire brigade consists of the following—\n(a) fire fighting members;\n(b) associate members;\n(c) cadet members; and\n(d) honorary life members.\n4.2 Firefighting members\nFire fighting members are those persons being at least 16 years of age who undertake all normal bush\nfire brigade activities.\n4.3 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.\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 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 Department’s rank structure.\n4.5 Honorary life member\n(1) The bush fire brigade may by a simple majority resolution appoint a person as an honorary life\nmember in recognition of services by that person to the bush fire brigade.\n(2) No membership fees are to be payable by an honorary life member.\n4.6 Notification of membership\nNo later than 31 May in each year, the bush fire brigade is to report to the Chief Fire Control Officer\nthe name, contact details and type of membership of each brigade member.\nPART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS\n5.1 Rules to govern\nThe appointment, dismissal and management of brigade members by the bush fire brigade are governed\nby the Rules.\nPART 6—EQUIPMENT OF BUSH FIRES BRIGADES\n6.1 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; and\n(b) keeps bush fire brigades informed of opportunities for funding from other bodies.\n6.2 Equipment in brigade area\nNot later than 31 May in each year, the bush fire brigade is to report to the local government the nature,\nquantity and quality of all protective clothing, equipment and appliances of the bush fire brigade which\nare generally available within the brigade area (or at a station of the bush fire brigade).\n6.3 Funding from local government budget\nA request to the local government from the bush fire brigade for funding of protective clothing,\nequipment or appliance needs is to be received by the local government by 31 March in order to be\nconsidered in the next following local government budget, and is to be accompanied by the last audited\nfinancial statement and a current statement of assets and liabilities of the bush fire brigade.\n6.4 Consideration in the local government budget\nThe local government may approve or refuse an application for funding depending upon the assessment\nof budget priorities for the year in question.\n\n19 July 2024 GOVERNMENT GAZETTE, WA 1751\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—\n“absolute 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.\n“Committee” means the Committee of the bush fire brigade;\n“local law” means the\n[insert name of local government] Bush Fire Brigades Local Law; and\n“normal brigade activities” is defined by section 35A of the Act\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 4 of the local law, the bush fire brigade may\nestablish policies pertaining to—\n(a) the qualifications 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 in determining applications for\nmembership.\n2.4 Applications for membership\nAn application for membership is to be in writing and is to be submitted to the Secretary and in the\ncase of—\n(a) an application for firefighting membership is to be accompanied by a completed form in the\nform of that in Appendix I.\n(b) an application for associate membership is to be accompanied by a completed form in the form\nof that in Appendix II.\n(c) an application for cadet membership is to be accompanied by a completed form in the form of\nthat in Appendix III.\n2.5 Decision on application for membership\n(1) The Committee may—\n(a) approve an application for membership unconditionally or subject to any conditions; or\n(b) refuse to approve an application for membership.\n(2) If the Committee refuses to approve an application for membership, it is to give written reasons\nfor the refusal, as soon as practicable after the decision is made, to the applicant and the advice\nthat the applicant has the right to object to the local government.\n\n1752 GOVERNMENT GAZETTE, WA 19 July 2024\n2.6 DFES to be notified of registrations\nIf any application for membership is approved, the Secretary of the bush fire brigade is to supply\nregistration details to the Department within 14 days of a person being admitted to membership in the\nform required by the Department from time to time.\n2.7 Termination of membership\n(1) Membership of the bush fire brigade terminates if the member—\n(a) dies;\n(b) gives written notice of resignation to the Secretary;\n(c) is, in the opinion of the Committee, permanently incapacitated by mental or physical ill-health;\n(d) is dismissed by the Committee; or\n(e) ceases to be a member 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, circumstances warrant suspending the member.\n(2) The period of suspension shall be at the discretion of the Committee.\n(3) Upon the expiry of the period of suspension the Committee may—\n(a) extend the period of suspension;\n(b) terminate the membership; or\n(c) reinstate the membership.\n2.9 Existing liabilities to continue\n(1) The resignation, or dismissal of a member under clause 2.7 does not affect any liability of the\nbrigade member 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 and answer 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) revoking the decision objected to, with or without—\n(i) substituting for it another decision; or\n(ii) referring the matter, with or without directions, for another decision by the Committee.\nPART 3—FUNCTIONS OF BRIGADE OFFICERS\n3.1 Chain of command during firefighting activities\nSubject to the Act and the local law, the command procedures to apply during fire fighting activities\nare as detailed in the local government’s Bush Fire Operating Procedures.\n3.2 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.\n3.3 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(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\n19 July 2024 GOVERNMENT GAZETTE, WA 1753\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.\n3.4 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 authorized 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.\n3.5 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).\n3.6 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 is to 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.\n3.7 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;\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, any functions (being less than the total\nfunctions of the Committee) on any conditions it thinks fit;\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.\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 and the Lieutenants of the bush fire brigade.\n(2) The brigade officers are to—\n(a) be elected at the annual general meeting of the bush fire brigade;\n(b) hold office until the next annual general meeting; and\n(c) be eligible for re-election at the next annual general meeting.\n\n1754 GOVERNMENT GAZETTE, WA 19 July 2024\n(3) Any brigade officer may be removed from office by an absolute majority decision of the brigade\nmembers present in person or by proxy at a special meeting called for such a purpose.\n(4) The Committee may appoint a brigade member to fill a vacancy in any office arising from a\nresolution under subclause (3) 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 by giving at least 7 days’ notice to\nall brigade members and to the Chief Fire Control Officer, 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) establishing 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.\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 7 days’ notice of the annual general meeting is to be given by the Secretary to all brigade\nmembers and to the Chief Bush Fire Control Officer.\n(2) At the annual general meeting the bush fire brigade is to—\n(a) elect the brigade officers from among the brigade members;\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.\n5.4 Quorum\n(1) The quorum for a meeting of the bush fire brigade is at least 50% of the number of offices (whether\nvacant or not) of member 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 despatch of business, adjourn and otherwise regulate its meeting\nas it thinks fit.\n(2) The Captain or Secretary may convene a meeting of the Committee at any time.\n\n19 July 2024 GOVERNMENT GAZETTE, WA 1755\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 bush fire brigade at the annual general meeting.\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 bush fire brigade may exempt a brigade member, or a class of membership, from the payment\nof membership fees, for such period and on such conditions as the bush fire brigade 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.\n(2) If the Secretary/Treasurer is a combined position, the Captain and Secretary/Treasurer are to sign\nthe cheques 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) he or she may have in any matter being considered by the bush fire\nbrigade or 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 her or his 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(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 to the\nregistered address of each brigade member.\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\n1756 GOVERNMENT GAZETTE, WA 19 July 2024\n(c) given by—\n(i) personal delivery;\n(ii) post; or\n(iii) facsimile 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 printing 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—\nPROXY\nSHIRE OF WYALKATCHEM BUSH FIRE BRIGADE\n[ANNUAL] [EXTRAORDINARY] GENERAL MEETING\nTO BE HELD ON [DATE]\nI, ___________________________________,\nBeing a brigade member appoint _________________________ to be my proxy and vote on my behalf at\nthe meeting 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. . . . . . . . . . . . .\nIf there is no instruction to the proxy as to the way to vote, the proxy shall exercise her or his discretion\nas to 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 her or his discretion as to the way he or she\ncasts the vote or whether it is cast at all.\nDate: ________________________\nSigned: ______________________\nNOTE: To be valid this proxy must be completed and returned to the Secretary of the bush fire brigade\n(or the presiding member) prior to the commencement of the meeting for which the proxy is valid.\nDated this 4th day of July 2024.\nCr OWEN GARNER, Shire President.\nSABINE TAYLOR, Chief Executive Officer.\n————\n\n19 July 2024 GOVERNMENT GAZETTE, WA 1757\nAPPENDIX I\nAPPLICATION FOR MEMBERSHIP—FIRE FIGHTING MEMBER\nI make application to be a fire fighting member of the Shire of Wyalkatchem 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) ................................ Mobile ......................................\nFax No: ..................................................... (Home)................................ (Work) ......................................\nCB 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 the provisions of the\nBush Fires Act 1954 and the Regulations made under that\nAct, and the local law and policies of the Shire of Wyalkatchem relevant to fire control and bush\nfire 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 the Rules of the bush fire brigade.\nDate ……………………. …………………………………….\nApplicant’s signature\nPlease list here any fire fighting equipment owned by you.\n1. ……………………………………………………………………………\n2. ……………………………………………………………………………\n3. ……………………………………………………………………………\n————\nBUSH FIRE BRIGADE USE ONLY:\nAPPROVED / DECLINED\nSigned: ......................................................................\nBrigade Captain\n\n1758 GOVERNMENT GAZETTE, WA 19 July 2024\nAPPENDIX II\nAPPLICATION FOR MEMBERSHIP—ASSOCIATE MEMBER\nI make application to be an associate member of the Shire of Wyalkatchem 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 ……………….. available for\nsuch 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 ............................................................................................................................\n..................................................................................................................................................................\nI can be contacted on—\nTelephone No:(Home)............................... (Work) ................................ Mobile .......................................\nFax No: ..................................................... (Home) ................................ (Work) ......................................\nCB 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 the provisions of the\nBush Fires Act 1954 and any Regulations made under the\nAct and the local law and policies of the Shire of Wyalkatchem relevant to fire control and bush fire\nbrigades;\n(3) to use my best endeavours to assist in normal bush fire brigade activities as an associate member\nwhen called upon;\n(4) to comply with the Rules of the bush fire brigade.\nDate ……………………… …………………………………\nApplicant’s signature\n————\nBUSH FIRE BRIGADE USE ONLY:\nAPPROVED / DECLINED\nSigned: ......................................................................\n\n19 July 2024 GOVERNMENT GAZETTE, WA 1759\nAPPENDIX III\nAPPLICATION FOR MEMBERSHIP—CADET MEMBER\nI make application to be a cadet member of the Wyalkatchem Bush Fire Brigade.\nApplicant’s Name .....................................................................................................................................\nMy private address is ..............................................................................................................................\n..................................................................................................................................................................\nI can be contacted on—\nTelephone No: .......................................... (Home)................................ (Work)\nFax No:(Home) .........................................\nCB 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 the provisions of the\nBush Fires Act 1954 and the Regulations made under that\nAct, and the local law and policies of the Shire of Wyalkatchem relevant to the activities of cadet\nmembers;\n(3) to obey all orders and instructions issued by duly authorized officers of the bush fire brigade or the\nlocal government;\n(4) to comply with the Rules of the bush fire brigade.\nDate ……………………. …………………………………….\nApplicant’s signature\nPARENT / GUARDIAN CONSENT—\nI being the parent/guardian of the above applicant, consent to him/her being a cadet member of the\nWyalkatchem Bush Fire Brigade, in accordance with the rules applicable to cadet membership.\nSigned ..............................................................................\n———————————\nBUSH FIRE BRIGADE USE ONLY:\nAPPROVED / DECLINED\nSigned: ......................................................................\nBrigade Captain","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument repeals the Shire’s prior Bush Fire Brigades local law (1.3) and replaces local brigade Rules, but does not on its face extend regulatory reach beyond establishing governance, membership, reporting and funding processes for brigades (1.4; 2.1–2.2; First Schedule Part 2). Who pays: the local government may fund protective clothing, equipment and appliances subject to budget decisions (local law 6.1; 6.3–6.4) and brigades may set membership fees (First Schedule 7.1). Who decides: the local government establishes brigades and appoints officers (2.1–2.2), the Committee manages brigade affairs (First Schedule 4.1–4.2) and the Chief Bush Fire Control Officer has managerial oversight (local law 3.3–3.5). Behaviour and compliance changes emphasised by the text include periodic asset and membership reporting (local law 6.2; local law 4.6; First Schedule 3.7), prompt incident reporting and DFES notification (First Schedule 3.3(1)(e); First Schedule 2.6), and formalised meeting, voting and financial controls (First Schedule Parts 5 and 7). Key discretionary points that can affect implementation are the Shire’s budgetary approval of funding (local law 6.4), its freedom to appoint or decline nominees for bush fire control officer (local law 3.12), and the power to cancel brigade registration for non‑compliance (local law 2.6)."},"complexity_factors":["Cross‑references to the Bush Fires Act, Regulations and DFES reporting forms, requiring coordination with State rules (local law citation: Definitions; First Schedule 2.6).","Multiple governance layers and roles: local government establishes brigades and may appoint officers (2.1–2.2); the Chief Bush Fire Control Officer has managerial duties (local law 3.3–3.5); brigades run a Committee and officers under the Rules (First Schedule Parts 3–4).","Detailed procedural and meeting rules including quorum, proxies and voting, with both brigade and Committee thresholds (First Schedule Parts 5–6; 8.2).","Numerous fixed reporting and timing obligations creating compliance burden: membership and equipment reports by 31 May (local law 6.2; First Schedule 3.7; local law 4.6), funding requests by 31 March for the budget (local law 6.3), incident reports and DFES notification within 14 days (First Schedule 3.3(1)(e); First Schedule 2.6).","Financial controls and audit requirements: rules for banking, joint signatories, appointment of an external auditor and annual financial statements (First Schedule 7.4, 5.6).","Discretionary powers for the local government over appointments, funding approvals and dissolution of brigades (local law 2.2(1)(c), 6.4, 2.6), creating potential variation across cases.","Membership application, suspension, dismissal and objection procedures with internal Committee decision‑making and a right to object to the local government (First Schedule 2.5–2.11).","Operational linkage to Bush Fire Operating Procedures for command during incidents, producing layered operational rules (local law 2.3; First Schedule Part 3).","Replacement of prior local law and substitution of local brigade rules, requiring transition of existing brigades to new Rules (local law 1.3; 2.5)."],"plain_english_summary":"This local law sets out how the Shire’s volunteer bush fire brigades are formed, governed and run. It defines officer roles, membership categories, meeting procedures, reporting duties and financial controls, and allows the Shire to provide equipment funding subject to budget decisions. It affects volunteer brigade members and officers, the Chief Bush Fire Control Officer, the local government and DFES by allocating decision‑making powers, record‑keeping and reporting obligations, and by creating procedures for appointment, discipline and dissolution."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and regulating volunteer bush fire brigades within the Shire of Wyalkatchem. While it repeals and replaces the 2022 version, the scope has not expanded beyond local fire brigade governance, membership management, and operational procedures. The detailed First Schedule (Rules) and Appendices are integral to this core function rather than scope creep."},"complexity_factors":["Moderate length (approximately 6,000 words across main law and schedules)","13 defined terms in clause 1.2, plus additional definitions in the First Schedule Rules","Extensive cross-referencing between the Local Law, the Bush Fires Act 1954, Regulations, and Bush Fire Operating Procedures","Nested governance structure involving Shire Council, Chief Bush Fire Control Officer, Bush Fire Advisory Committee, individual brigade Committees, and brigade officers","Multiple membership categories with different rights, restrictions and age limits (firefighting, associate, cadet, honorary life)","Detailed procedural requirements for meetings (notice periods, quorums, voting thresholds including 'absolute majority' vs 'simple majority')","Specific timelines for reporting (e.g., 31 May deadline for membership lists, 31 March for budget requests, 14 days for incident reports)","Conditional logic for command structures (chain of command changes if bushfire control officer present vs absent)","Transitional provisions for existing brigades (clause 2.5)","Three separate application forms in Appendices with specific undertakings required"],"plain_english_summary":"This local law authorises the Shire of Wyalkatchem to establish and regulate volunteer bush fire brigades, setting command, membership categories (including cadets and honorary members), operational rules, finances and equipment, and requiring annual meetings. It establishes Shire oversight and a Bush Fire Advisory Committee to coordinate brigades with council control. It affects volunteer firefighters, Shire staff and local residents by providing a clear legal framework for community fire prevention and response."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-wyalkatchem-bush-fire-brigades-local-law-2024","history":"/api/acts/shire-of-wyalkatchem-bush-fire-brigades-local-law-2024/history","analysis":"/api/acts/shire-of-wyalkatchem-bush-fire-brigades-local-law-2024/analysis","conflicts":"/api/acts/shire-of-wyalkatchem-bush-fire-brigades-local-law-2024/conflicts","importantCases":"/api/acts/shire-of-wyalkatchem-bush-fire-brigades-local-law-2024/important-cases","documents":"/api/acts/shire-of-wyalkatchem-bush-fire-brigades-local-law-2024/documents"}}