{"id":"nsw:sl-2023-0483","name":"Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2023","slug":"workers-compensation-bush-fire-emergency-and-rescue-services-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"483 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175979,"registerId":"nsw-nsw:sl-2023-0483-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2023](/view/html/inforce/current/sl-2023-0483).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2017](/view/html/repealed/current/sl-2017-0465), which would otherwise be repealed on 1 September 2023 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> > In this regulation—\n> > \n> > the Act means the [Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987](/view/html/inforce/current/act-1987-083).\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Emergency service workers","content":"# Part 2 Emergency service workers\n\nPart 2 Emergency service workers","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Emergency service workers—authorised activities—the Act, s 23","content":"#### 4 Emergency service workers—authorised activities—the Act, s 23\n\n4 Emergency service workers—authorised activities—the Act, s 23\n\n> > (1) For the Act, section 23, definition of authorised activity, paragraph (a), the following are prescribed activities if carried out by the emergency service worker without remuneration or reward, voluntarily and without obligation—\n> > \n> > > (a) relief assistance and other operations in relation to an emergency, carried out under the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165),\n> > \n> > > (b) functions carried out under the [State Emergency Service Act 1989](/view/html/inforce/current/act-1989-164), section 8,\n> > \n> > > (c) training and preparatory activities related to the operations or activities described in paragraphs (a) and (b),\n> > \n> > > (d) fundraising.\n> \n> > (2) In this section—\n> > \n> > emergency has the same meaning as in the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165).","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Additional persons prescribed as emergency service workers—the Act, s 23","content":"#### 5 Additional persons prescribed as emergency service workers—the Act, s 23\n\n5 Additional persons prescribed as emergency service workers—the Act, s 23\n\n> For the Act, section 23, definition of emergency service worker, paragraph (b)(ii), the following persons are prescribed—\n> \n> > (a) a member of an SES unit under the [State Emergency Service Act 1989](/view/html/inforce/current/act-1989-164),\n> \n> > (b) a person who is a member of an organisation affiliated with the State Emergency Service under the approval of the Commissioner of the Service.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Emergency service workers covered outside the State—the Act, s 25","content":"#### 6 Emergency service workers covered outside the State—the Act, s 25\n\n6 Emergency service workers covered outside the State—the Act, s 25\n\n> For the Act, section 25, injuries sustained by emergency service workers in the following circumstances are prescribed—\n> \n> > (a) while carrying out operations as members of SES units under the [State Emergency Service Act 1989](/view/html/inforce/current/act-1989-164), section 23,\n> \n> > (b) while carrying out rescue operations as members of accredited rescue units under the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165), section 58.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Rescue association workers","content":"# Part 3 Rescue association workers\n\nPart 3 Rescue association workers","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Rescue association workers—authorised activities—the Act, s 23","content":"#### 7 Rescue association workers—authorised activities—the Act, s 23\n\n7 Rescue association workers—authorised activities—the Act, s 23\n\n> > (1) For the Act, section 23, definition of authorised activity, paragraph (b), the following activities are prescribed if carried out by the rescue association worker without remuneration or reward, voluntarily and without obligation—\n> > \n> > > (a) for board members of the VRA Rescue NSW Limited, ACN 650 552 177—meetings and other activities related to the business of the VRA Rescue NSW Limited,\n> > \n> > > (b) for surf life savers—the following activities carried out under arrangements approved by Surf Life Saving New South Wales, ACN 138 025 573—\n> > > \n> > > > (i) surf life saving operations,\n> > > \n> > > > (ii) training and preparatory activities related to surf life saving operations,\n> > > \n> > > > (iii) fundraising,\n> > \n> > > (c) for persons referred to in this regulation, section 8—the following activities carried out under arrangements approved by the VRA Rescue NSW Limited, ACN 650 552 177—\n> > > \n> > > > (i) assistance at accidents,\n> > > \n> > > > (ii) ski patrol operations and other safety patrol operations,\n> > > \n> > > > (iii) search and rescue operations,\n> > > \n> > > > (iv) recovery of bodies,\n> > > \n> > > > (v) training and preparatory activities related to the activities described in paragraphs (i)–(iv),\n> > > \n> > > > (vi) fundraising,\n> > \n> > > (d) for rescue association workers for the Act, section 23, definition of rescue association worker—an activity the Self Insurance Corporation considers to be similar to an activity referred to in paragraph (a) or (b).\n> \n> > (2) In this section—\n> > \n> > surf life saver means a member of a surf life saving club or branch affiliated with Surf Life Saving New South Wales, ACN 138 025 573.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Additional persons prescribed as rescue association workers—the Act, s 23","content":"#### 8 Additional persons prescribed as rescue association workers—the Act, s 23\n\n8 Additional persons prescribed as rescue association workers—the Act, s 23\n\n> For the Act, section 23, definition of rescue association worker, paragraph (b)(i), registered or accepted members of a rescue squad or another organisation affiliated with the VRA Rescue NSW Limited, ACN 650 552 177, are prescribed.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Bush fire fighters","content":"# Part 4 Bush fire fighters\n\nPart 4 Bush fire fighters","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Associated operation or work—fundraising activity—the Act, s 8","content":"#### 9 Associated operation or work—fundraising activity—the Act, s 8\n\n9 Associated operation or work—fundraising activity—the Act, s 8\n\n> > (1) For the Act, section 8(1)(c), fundraising is work of a prescribed kind if the fundraising is—\n> > \n> > > (a) for a rural fire brigade, and\n> > \n> > > (b) being carried out by an official fire fighter, and\n> > \n> > > (c) authorised by a fire control officer, and\n> > \n> > > (d) being carried out voluntarily and without remuneration or reward.\n> \n> > (2) In this section—\n> > \n> > fire control officer has the same meaning as in the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065).","sortOrder":12},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Repeal and savings","content":"#### 10 Repeal and savings\n\n10 Repeal and savings\n\n> > (1) The [Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2017](/view/html/repealed/current/sl-2017-0465) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2017](/view/html/repealed/current/sl-2017-0465), had effect under that regulation continues to have effect under this regulation.","sortOrder":14}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation has changed from its original intent. It appears to have been in a single version since commencement on 25 August 2023 with no amendments recorded, suggesting it operates as originally made."},"complexity_factors":["Operates as a regulation under a parent Act, requiring understanding of both instruments together","Covers a non-standard category of workers (volunteers rather than traditional employees), which involves nuanced legal definitions","Subject to automatic staged repeal, adding a temporal complexity layer","Intersects multiple areas of law: workers compensation, emergency services legislation, and volunteer status","Insufficient substantive content was provided to assess full drafting complexity — actual operative provisions may significantly increase complexity"],"plain_english_summary":"This NSW regulation governs workers' compensation for volunteers and workers in bush fire, emergency and rescue services, ensuring injured or killed personnel—and their families—can access financial support similar to paid workers. It primarily affects volunteer firefighters, emergency service volunteers, rescue workers and the organisations that manage them.\n\nNote: the excerpt lacks the regulation’s substantive rules, and the instrument is due to expire on 1 September 2028."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains the same scope as its 2017 predecessor. It continues to perform the narrow technical function of prescribing specific activities and persons for the parent 1987 Act. The 2023 version appears to be a straightforward re-enactment with updated entity names (VRA Rescue NSW Limited replacing earlier organisational references) rather than an expansion of coverage."},"complexity_factors":["Only 1 defined term in the regulation itself ('the Act'), though it relies heavily on definitions in other statutes","Straightforward structure: 5 parts, 10 sections, no nested subsections beyond (a)(i) level","Heavy cross-referencing to 5 other Acts (State Emergency and Rescue Management Act 1989, State Emergency Service Act 1989, Rural Fires Act 1997, Interpretation Act 1987, and the parent 1987 Act)","No conditional logic beyond simple 'if carried out voluntarily and without remuneration' tests","Minimal exceptions—essentially just the savings provision in section 10(2) preserving existing claims"],"plain_english_summary":"This regulation sets out the rules for who qualifies for workers' compensation among New South Wales's volunteer emergency responders. It covers three main groups:\n\n**1. Emergency service workers** (mostly State Emergency Service volunteers)\n- Covers injuries during emergency relief operations, training, and fundraising\n- Extends coverage to SES members helping in other states during major operations\n\n**2. Rescue association workers** (surf lifesavers and volunteer rescue squads)\n- Covers injuries during patrols, rescues, body recoveries, training, and fundraising\n- Includes board members of VRA Rescue NSW when doing organisational business\n\n**3. Bush fire fighters** (Rural Fire Service volunteers)\n- Specifically confirms that fundraising counts as covered work if done voluntarily for a rural fire brigade with proper authorisation\n\n**Why it matters:** Volunteer emergency workers risk injury without pay. This regulation plugs gaps in the main 1987 Act by spelling out exactly which activities trigger workers' compensation coverage—so volunteers know they're protected and insurers know when claims are valid. It replaces a 2017 version that was due to expire."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation repeals and replaces the 2017 instrument but s 10(2) preserves acts, matters and things that had effect immediately before repeal. The text itself does not assert an expansion or contraction of coverage relative to the prior instrument; it restates prescribed persons and activities and preserves existing effects."},"complexity_factors":["Multiple cross‑references to other statutes create interpretive links (State Emergency and Rescue Management Act 1989; State Emergency Service Act 1989; Rural Fires Act 1997) (ss 4, 6, 9).","Separate lists of prescribed activities for different volunteer groups require rule‑matching (ss 4, 7).","Discretion for the Self Insurance Corporation to classify ‘similar’ activities as covered introduces administrative judgment (s 7(1)(d)).","Coverage rules for out‑of‑state operations are narrowly prescribed for specific units, producing conditional scope (s 6).","Repeal and savings clause maintains continuity of existing effects, complicating assessment of practical change (s 10).","Definitions rely on terms from other Acts and the Interpretation Act, increasing reliance on external definitions (s 3 and notes)."],"plain_english_summary":"This regulation updates who counts as a workers‑compensation “worker” among unpaid volunteer emergency and rescue personnel — including SES members, VRA Rescue NSW members, surf life savers and rural fire brigade volunteers — and specifies which voluntary activities (operations, training, fundraising and certain out‑of‑state deployments) are covered. It repeals the 2017 instrument and takes effect on publication.\n\nIt matters because it fixes when insurers must cover injuries: authorised activities are set by statute or approved organisations and the Self Insurance Corporation can treat similar activities as covered, affecting liability, insurance costs and volunteer incentives."}},"importantCases":[],"_links":{"self":"/api/acts/workers-compensation-bush-fire-emergency-and-rescue-services-regulation-2023","history":"/api/acts/workers-compensation-bush-fire-emergency-and-rescue-services-regulation-2023/history","analysis":"/api/acts/workers-compensation-bush-fire-emergency-and-rescue-services-regulation-2023/analysis","conflicts":"/api/acts/workers-compensation-bush-fire-emergency-and-rescue-services-regulation-2023/conflicts","importantCases":"/api/acts/workers-compensation-bush-fire-emergency-and-rescue-services-regulation-2023/important-cases","documents":"/api/acts/workers-compensation-bush-fire-emergency-and-rescue-services-regulation-2023/documents"}}