Shire of Dardanup Bush Fire Brigades Local Law 2021

1727 ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041 PERTH, WEDNESDAY, 12 MAY 2021 No. 86 SPECIAL PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER © STATE OF WESTERN AUSTRALIA WESTERN AUSTRALIAN GOVERNMENT BUSH FIRES ACT 1954 LOCAL GOVERNMENT ACT 1995

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SHIRE OF DARDANUP ——————————— BUSH FIRE BRIGADES LOCAL LAW 2021

12 May 2021 GOVERNMENT GAZETTE, WA 1729 BUSH FIRES ACT 1954 LOCAL GOVERNMENT ACT 1995 SHIRE OF DARDANUP BUSH FIRE BRIGADES LOCAL LAW 2021 TABLE OF CONTENTS PART 1—PRELIMINARY 1.1 Citation 1.2 Definitions 1.3 Repeal 1.4 Application 1.5 Commencement PART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES Division 1—Establishment Of A Bush Fire Brigade 2.1 Establishment Of A Bush Fire Brigade 2.2 Name And Officers Of Bush Fire Brigade Division 2—Command At A Fire 2.3 Ranks Within The Bush Fire Brigade Division 3—Application Of Rules To A Bush Fire Brigade 2.4 Rules Division 4—Transitional 2.5 Existing Bush Fire Brigades Division 5—Dissolution Of Bush Fire Brigade 2.6 Dissolution Of Bush Fire Brigade 2.7 New Arrangement After Dissolution PART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES Division 1—Local Government Responsibility 3.1 Local Government Responsible For Structure 3.2 Officers To Be Supplied With Act Division 2—Chief Bush Fire Control Officer 3.3 Managerial Role Of Chief Bush Fire Control Officer 3.4 Chief Bush Fire Control Officer May Attend Meetings 3.5 Duties Of Chief Bush Fire Control Officer Division 3—Annual General Meetings Of Bush Fire Brigades 3.6 Holding Of Annual General Meeting 3.7 Nomination Of Bush Fire Control Officers To Bush Fire Advisory Committee 3.8 Nomination Of Bush Fire Control Officer To The Local Government 3.9 Minutes To Be Tabled Before The Bush Fire Advisory Committee

1730 GOVERNMENT GAZETTE, WA 12 May 2021 Division 4—Bush Fire Advisory Committee 3.10 Functions Of Advisory Committee 3.11 Advisory Committee To Nominate Bush Fire Control Officers 3.12 Local Government To Have Regard To Nominees 3.13 Advisory Committee To Consider Bush Fire Brigade Motions 3.14 Duties Of Bush Fire Control Officer PART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP 4.1 Types Of Membership Of Bush Fire Brigade 4.2 Fire Fighting (Active) Members 4.3 Associate (Auxiliary) Members 4.4 Cadet Members 4.5 Honorary Life Member 4.6 Notification Of Membership PART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS 5.1 Rules To Govern PART 6—EQUIPMENT OF BUSH FIRES BRIGADES 6.1 Policies Of Local Government 6.2 Equipment In Brigade Area 6.3 Funding From Local Government Budget 6.4 Consideration In The Local Government Budget SCHEDULE 1—RULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES 1.1 Interpretation PART 2—OBJECTS AND MEMBERSHIP OF BUSH FIRE BRIGADE 2.1 Objects Of Bush Fire Brigade 2.2 Committee To Determine Applications 2.3 Conditions Of Membership 2.4 Applications For Membership 2.5 Decision On Application For Membership 2.6 DFES And Local Government To Be Notified Of Registrations 2.7 Termination Of Membership 2.8 Suspension Of Membership 2.9 Existing Liabilities To Continue 2.10 Member Has Right Of Defence 2.11 Objection Rights PART 3—FUNCTIONS OF BRIGADE OFFICERS 3.1 Chain Of Command During Fire Fighting Activities 3.2 Duties Of Captain 3.3 Lieutenants 3.4 Secretary 3.5 Treasurer 3.6 Equipment Officer 3.7 Training Officer PART 4—COMMITTEE 4.1 Management Of Bush Fire Brigade 4.2 Constitution Of Committee PART 5—MEETINGS OF BUSH FIRE BRIGADE 5.1 Ordinary Meetings 5.2 Special Meetings 5.3 Annual General Meeting 5.4 Quorum 5.5 Voting 5.6 Auditor

12 May 2021 GOVERNMENT GAZETTE, WA 1731 PART 6—MEETINGS OF COMMITTEE 6.1 Meetings Of Committee 6.2 Quorum 6.3 Voting PART 7—GENERAL ADMINISTRATION MATTERS 7.1 Fees 7.2 Funds 7.3 Financial Year 7.4 Banking 7.5 Disclosure Of Interests 7.6 Disagreements PART 8—NOTICES AND PROXIES 8.1 Notices 8.2 Proxies

12 May 2021 GOVERNMENT GAZETTE, WA 1733 BUSH FIRES ACT 1954 LOCAL GOVERNMENT ACT 1995 SHIRE OF DARDANUP BUSH FIRE BRIGADES LOCAL LAW 2021 Under the powers conferred by the Bush Fires Act 1954 and under all other powers enabling it, the Council of the Shire Of Dardanup resolved on 28 April 2021 to make the following local law. PART 1—PRELIMINARY 1.1 Citation This local law may be cited as the Shire of Dardanup Bush Fire Brigades Local Law 2021. 1.2 Definitions (1) In this local law unless the context otherwise requires— Act means the Bush Fires Act 1954; brigade area is defined in clause 2.2(1)(b); brigade member means a fire fighting member, associate member or a cadet member of a bush fire brigade; brigade officer means a person holding a position referred to in clause 2.2 (1)(c), whether or not he or she was appointed by the local government or elected at an annual general meeting of a bush fire brigade or otherwise appointed to the position; bush fire brigade is defined in section 7 of the Act; Bush Fire Operating Procedures means the Bush Fire Operating Procedures adopted by the local government as amended from time to time; CEO means the Chief Executive Officer of the Shire of Dardanup; Council means the Council of the local government; Department means the Department of Fire and Emergency Services of Western Australia; district means the district of the local government; fire fighting member is defined in clause 4.2; local government means the Shire of Dardanup; normal brigade activities is defined in Section 35A of the Act; Regulations means Regulations made under the Act; and Rules means the Rules Governing the Operation of Bush Fire Brigades set out in Schedule 1. (2) In this local law, unless the context otherwise requires, a reference to— (a) a Captain; (b) a First Lieutenant; (c) a Second Lieutenant; (d) any additional Lieutenants; (e) an Equipment Officer; (f) a Secretary. (g) a Treasurer; or (h) a Secretary / Treasurer combined, means a person holding that position in a bush fire brigade. 1.3 Repeal This local law repeals the Shire of Dardanup Bush Fire Brigade Local Law 2003 published in the Government Gazette on 17 April 2003 and as amended on 8 April 2008. 1.4 Application This local law applies throughout the district.

1734 GOVERNMENT GAZETTE, WA 12 May 2021 1.5 Commencement This local law come into operation 14 days after the date of its publication in the Government Gazette. PART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES Division 1—Establishment of a bush fire brigade 2.1 Establishment of a bush fire brigade (1) The local government may establish a bush fire brigade for the purpose of carrying out normal brigade activities. (2) A bush fire brigade is established on the date of the local government’s decision under subclause (1). 2.2 Name and officers of bush fire brigade (1) On establishing a bush fire brigade under clause 2.1(1) the local government is to— (a) give a name to the bush fire brigade; (b) specify the area in which the bush fire brigade is primarily responsible for carrying out the normal brigade activities (the brigade area); and (c) appoint— (i) a Captain; (ii) a First Lieutenant; (iii) a Second Lieutenant; (iv) additional Lieutenants if the local government considers it necessary; (v) an Equipment Officer; (vi) a Secretary; and (vii) a Treasurer; or (viii) a Secretary/Treasurer combined. (ix) a Bush Fire Control Officer; and (x) any other position(s) deemed necessary for the effective management of brigade activities (eg; a Training Officer). (2) When considering the appointment of persons to the positions in subclause (1)(c), the local government is to have regard to the qualifications and experience which may be required to fill each position. (3) A person appointed to a position in subclause (1)(c) is to be taken to be a brigade member. (4) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general meeting of the bush fire brigade. (5) If a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first annual general meeting, then the local government is to appoint a person to fill the vacancy in accordance with subclause (2). Division 2—Command at a fire 2.3 Ranks within the bush fire brigade Where, under the Act and Bush Fire Operating Procedures, members of a bush fire brigade have command of a fire— (a) where a bush fire control officer is in attendance at the fire, the most senior bushfire control officer has full control over all other persons fighting the fire and is to issue instructions as to methods and tactics to be adopted by the fire fighters; and (b) in the absence of a bush fire control officer, the Captain has full control over all other persons fighting the fire, and is to issue instructions as to the methods and tactics to be adopted by the firefighters; and (c) in the absence of the Captain, the first Lieutenant, and in the absence of the first, the second Lieutenant and so on, in the order of seniority determined, is to exercise all the powers and duties of the Captain. Division 3—Application of Rules to a bush fire brigade 2.4 Rules (1) The Rules govern the operation of a bush fire brigade. (2) A bush fire brigade and each brigade member is to comply with the Rules as set out in Schedule 1. Division 4—Transitional 2.5 Existing Bush Fire Brigades (1) Where a local government has established a bush fire brigade prior to the commencement date, then on and from the commencement day— (a) the bush fire brigade is to be taken to be a bush fire brigade established under and in accordance with this local law;

12 May 2021 GOVERNMENT GAZETTE, WA 1735 (b) the provisions of this local law apply to the bush fire brigade save for clause 2.2; and (c) any rules governing the operation of the bush fire brigade are to be taken to have been repealed and substituted with the Rules. (2) In this clause— commencement day means the day on which this local law comes into operation. Division 5—Dissolution of bush fire brigade 2.6 Dissolution of bush fire brigade In accordance with section 41(3) of the Act, the local government may cancel the registration of a bush fire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local law, the Bush Fire Operating Procedures or the Rules, or is not achieving the objectives for which it was established. 2.7 New arrangement after dissolution If a local government cancels the registration of a bush fire brigade, alternative fire control arrangements are to be made in respect of the brigade area. PART 3—ORGANISATION AND MAINTENANCE OF BUSH FIRE BRIGADES Division 1—Local government responsibility 3.1 Local government responsible for structure The local government is to ensure that there is an appropriate structure through which the organisation of bush fire brigades is maintained. 3.2 Officers to be supplied with Act The local government is to supply each brigade officer with a copy of the Act, the Regulations, the Bush Fire Operating Procedures, this local law, local government code of conduct and polices and any other written laws which may be relevant to the performance of the brigade officers’ functions, and any amendments which are made thereto from time to time. Division 2—Chief Bush Fire Control Officer 3.3 Managerial role of Chief Bush Fire Control Officer Subject to any directions by the local government the Chief Bush Fire Control Officer has primary managerial responsibility for the organisation and maintenance of bush fire brigades. 3.4 Chief Bush Fire Control Officer may attend meetings The Chief Bush Fire Control Officer or her or his nominee (who is to be a bush fire control officer) may attend as a non-voting representative of the local government at any meeting of a bush fire brigade. 3.5 Duties of Chief Bush Fire Control Officer The duties of the Chief Bush Fire Control Officer include— (a) provide leadership to volunteer bush fire brigades; (b) monitor bush fire brigades’ resourcing, equipment (including protective clothing) and training levels and report thereon with recommendations at least once a year to the local government; (c) liaise with the local government concerning fire prevention / suppression matters generally and directions to be issued by the local government to bush fire control officers (including those who issue permits to burn) bush fire brigades or brigade officers; and (d) ensure that bush fire brigades are registered with the local government and that lists of brigade members are maintained. Division 3—Annual general meetings of bush fire brigades 3.6 Holding of annual general meeting A bush fire brigade is to hold its annual general meeting no later than 15 April each year. 3.7 Nomination of bush fire control officers to Bush Fire Advisory Committee At the annual general meeting of a bush fire brigade, one brigade member is to be nominated to the Bush Fire Advisory Committee to serve as the bush fire control officer for the brigade area until the next general meeting. 3.8 Nomination of bush fire control officer to the local government If the local government has not established a Bush Fire Advisory Committee, then at the annual general meeting of a bush fire brigade, the bush fire brigade is to nominate one brigade member to the local government to serve as the bush fire control officer for the brigade area until the next annual general meeting.

1736 GOVERNMENT GAZETTE, WA 12 May 2021 3.9 Minutes to be tabled before the Bush Fire Advisory Committee (1) The Secretary is to forward a copy of the minutes of the annual general meeting of a bush fire brigade to the Chief Bush Fire Control Officer within one month after the meeting. (2) The Chief Bush Fire Control Officer is to table the minutes of a bush fire brigade’s annual general meeting at the next meeting of the— (a) Bush Fire Advisory Committee; or (b) Council, if there is no Bush Fire Advisory Committee, following their receipt under subclause (1). Division 4—Bush Fire Advisory Committee 3.10 Functions of Advisory Committee The Bush Fire Advisory Committee is to have the functions set out in section 67 of the Act and is to include such number of nominees of the bush fire brigades as is determined by the local government. 3.11 Advisory Committee to nominate bush fire control officers As soon as practicable after the annual general meeting of each bush fire brigade in the district, the Bush Fire Advisory Committee is to nominate to the local government from the persons nominated by each bush fire brigade a person for the position of a bush fire control officer for the brigade area. 3.12 Local government to have regard to nominees When considering persons for the position of a bush fire control officer, the local government is to have regard to those persons nominated by the Bush Fire Advisory Committee, but is not bound to appoint the persons nominated. 3.13 Advisory Committee to consider bush fire brigade motions The Bush Fire Advisory Committee is to make recommendations to the local government on all motions received by the Bush Fire Advisory Committee from bush fire brigades. 3.14 Duties of Bush Fire Control Officer The Bush Fire Control Officer is to— (a) provide leadership and direction to the Captain, Lieutenants, other Committee members and fire fighters to implement the objectives of the Brigade; (b) act as spokesperson for the Brigade, specifically at the Bush Fire Advisory Committee (BFAC), and generally on public relations and other matters, in conjunction with the Shire of Dardanup; (c) issue permits to burn as authorised under the Act within their area of the district; (d) inspect and report on fire hazards within their district and in the Shire of Dardanup; (e) carry out any duties prescribed under the Act and so authorised by the Shire of Dardanup; (f) take overall charge of fire suppression activities, and/or ensure the principles of the Incident Management System are being adhered to during wildfire suppression or during hazard reduction programs; (g) conduct brigade briefings and post incident analysis of any incident involving fire fighting; (h) ensure members deployed for operational duties have the competencies to complete the task or duty assigned and hold currency in training to carry out the functions required, in accordance with Bush Fire Operating Procedures; (i) adopt policies on behalf of the brigade as recommended by the local government; (j) ensure the behaviour of members is in accordance with the Local Government’s code of conduct; and (k) liaise with the local government concerning fire prevention/suppression matters generally. PART 4—TYPES OF BUSH FIRE BRIGADE MEMBERSHIP 4.1 Types of membership of bush fire brigade The membership of a bush fire brigade consists of the following— (a) fire fighting (active) members; (b) associate (auxiliary) members; (c) cadet members; and (d) honorary life members. 4.2 Fire fighting (active) members (1) Fire fighting (active) members are those persons being at least 16 years of age who undertake all normal bush fire brigade activities. (2) Notwithstanding subclause (1), a fire fighting (active) member between the age of 16 and 18 must not attend a fire or other emergency incident unless the member has the consent of their parent or guardian and is accompanied by an appropriately trained fire fighting member over the age of 18.

12 May 2021 GOVERNMENT GAZETTE, WA 1737 4.3 Associate (auxiliary) members Associate members are those persons who are willing to supply free vehicular transport for fire fighting members or fire fighting equipment, or who are prepared to render other assistance required by the bush fire brigade. 4.4 Cadet members Cadet members are— (a) to be aged 11 to 15 years; (b) to be admitted to membership only with the consent of their parent or guardian; (c) admitted for the purpose of training and are not to attend or be in attendance at an uncontrolled fire or other emergency incident; (d) to be supervised by a fire fighting member when undertaking normal brigade activities as defined by paragraphs (c), (d), (e), (f) and (g) of section 35A of the Act; (e) ineligible to vote at bush fire brigade meetings; and (f) not to be assigned ranks under the Department’s rank structure. 4.5 Honorary life member (1) The bush fire brigade may by a simple majority resolution appoint a person as an honorary life member in recognition of services by that person to the bush fire brigade. (2) A brigade member who has achieved 15 years active service to a brigade within the Shire of Dardanup; (3) No membership fees are to be payable by an honorary life member. (4) The Shire of Dardanup and Department of Fire and Emergency Services (DFES) to be notified of nominees. 4.6 Notification of membership No later than 15 April in each year, the bush fire brigade is to report to the Chief Fire Control Officer the name, contact details and type of membership of each brigade member. PART 5—APPOINTMENT DISMISSAL AND MANAGEMENT OF MEMBERS 5.1 Rules to govern The appointment, dismissal and management of brigade members by the bush fire brigade are governed by the Rules. PART 6—EQUIPMENT OF BUSH FIRES BRIGADES 6.1 Policies of local government The local government may make policies under which it— (a) provides funding to bush fire brigades for the purchase of protective clothing, equipment and appliances; and (b) keeps bush fire brigades informed of opportunities for funding from other bodies. 6.2 Equipment in brigade area Not later than 15 April in each year, the bush fire brigade is to report to the local government the nature, quantity and quality of all protective clothing, equipment and appliances of the bush fire brigade which are generally available within the brigade area (or at a station of the bush fire brigade). 6.3 Funding from local government budget A request to the local government from the bush fire brigade for funding of protective clothing, equipment or appliance needs is to be received by the local government by 31 March in order to be considered in the next following local government budget, and is to be accompanied by the last audited financial statement and a current statement of assets and liabilities of the bush fire brigade. 6.4 Consideration in the local government budget The local government may approve or refuse an application for funding depending upon the assessment of budget priorities for the year in question. ———— Schedule 1 RULES GOVERNING THE OPERATION OF BUSH FIRE BRIGADES [Clause 2.4] PART 1—PRELIMINARY 1.1 Interpretation (1) In these Rules, unless the context otherwise requires, where a term is used in these Rules and is defined in the local law, the Act or the Regulations, then the term is to be taken to have the meaning assigned to it in the local law, the Act or the Regulations, as the case may be.

1738 GOVERNMENT GAZETTE, WA 12 May 2021 (2) In these Rules, unless the context otherwise requires— absolute majority means a majority of more than 50% of the number of— (a) brigade members of the bush fire brigade, whether in attendance at the meeting or not, if the majority is required at a meeting of the bush fire brigade; or (b) brigade officers of the bush fire brigade, whether in attendance at the meeting or not, if the majority is required at a meeting of the Committee; Committee means the Committee of the bush fire brigade; local law means the Shire of Dardanup Bush Fire Brigades Local Law 2021; and normal brigade activities is defined by section 35A of the Act. (3) Subject to these Rules, where a decision is to be made by the bush fire brigade, then the decision may be made by a resolution passed by a simple majority of the brigade members who are present in person or by proxy at the meeting. (4) Subject to these Rules, where a decision is to be made by the Committee, then the decision may be made by a resolution passed by a simple majority of the brigade officers who are present in person or by proxy at the meeting. PART 2—OBJECTS AND MEMBERSHIP OF BUSH FIRE BRIGADE 2.1 Objects of bush fire brigade The objects of the bush fire brigade are to carry out— (a) the normal brigade activities; and (b) the functions of the bush fire brigade which are specified in the Act, the Regulations and the local law. 2.2 Committee to determine applications Applications for membership are to be determined by the Committee. 2.3 Conditions of membership In relation to any type of membership, as described in Part 4 of the local law, the bush fire brigade may establish policies pertaining to— (a) the qualifications required; (b) fees payable, if any; (c) a requirement to serve a probationary period; and (d) procedures to be employed by the Committee prior to approval of an application for membership, and the Committee is to act within the parameters of any such policy in determining applications for membership. 2.4 Applications for membership An application for membership is to be in writing and is to be submitted to the Secretary and is to be accompanied by a completed form as prescribed by the local government from time to time. 2.5 Decision on application for membership (1) The Committee may— (a) approve an application for membership unconditionally or subject to any conditions; or (b) refuse to approve an application for membership. (2) If the Committee refuses to approve an application for membership, it is to give written reasons for the refusal, as soon as practicable after the decision is made, to the applicant and the advice that the applicant has the right to object to the local government. 2.6 DFES and Local Government to be notified of registrations If any application for membership is approved, the Secretary of the bush fire brigade is to supply registration details to the Department and local government within 14 days of a person being admitted to membership in the form required by the Department from time to time. 2.7 Termination of membership (1) Membership of the bush fire brigade terminates if the member— (a) dies; (b) gives written notice of resignation to the Secretary; (c) is, in the opinion of the Committee, permanently incapacitated by mental or physical ill- health; (d) is dismissed by the Committee; or (e) ceases to be a member or is taken to have resigned under subclause (2). (2) A brigade member whose membership fees are more than one year in arrears is to be taken to have resigned from the bush fire brigade.

12 May 2021 GOVERNMENT GAZETTE, WA 1739 2.8 Suspension of membership (1) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the Committee, circumstances warrant suspending the member. (2) The period of suspension shall be at the discretion of the Committee. (3) Upon the expiry of the period of suspension the Committee may— (a) extend the period of suspension; (b) terminate the membership; or (c) reinstate the membership. 2.9 Existing liabilities to continue The resignation, or dismissal of a member under clause 2.7 does not affect any liability of the brigade member arising prior to the date of resignation or dismissal. 2.10 Member has right of defence A brigade member is not to be dismissed under clause 2.7(1)(d) without being given the opportunity to meet with the Committee and answer any charges which might give grounds for dismissal. 2.11 Objection rights A person whose— (a) application for membership is refused under clause 2.5(1)(b); (b) membership is terminated under clause 2.7(1)(c), clause 2.7(1)(d) or clause 2.8(3)(b); or (c) membership is suspended under clause 2.8(1) or clause 2.8(3)(a), has the right of objection to the local government which may dispose of the objection by— (a) dismissing the objection; (b) varying the decision objected to; or (c) revoking the decision objected to, with or without— (i) substituting for it another decision; or (ii) referring the matter, with or without directions, for another decision by the Committee. PART 3—FUNCTIONS OF BRIGADE OFFICERS 3.1 Chain of command during fire fighting activities Subject to the Act and the local law, the command procedures to apply during fire fighting activities are as detailed in the Bush Fires Act 1954 and Shire of Dardanup Bush Fire Response Plan. 3.2 Duties of Captain The Captain is to— (a) preside over all Brigade meetings and ensure meeting procedures are followed at all times; (b) promote the objectives of the Brigade; (c) demonstrate positive leadership and mentor members; (d) attend meetings as requested by the local government; (e) in the absence of a Bush Fire Control Officer take overall charge of fire suppression activities, and/or ensure the principles of the Incident Management System are being adhered to during wildfire suppression or during hazard reduction programs; (f) provide leadership for the Brigade and related administration; (g) ultimately undertake responsibility for the proper management and maintenance of Brigade property and equipment; (h) deputise for the Bush Fire Control Officer at Bushfire Advisory Committee meetings when required; (i) advise the brigade on administrative matters; (j) ensure Brigade members are adequately trained to carry out their functions, in accordance with Bush Fire Operating Procedures (BFOP) and Brigade standards; (k) in the absence of a Bush Fire Control Officer conduct brigade briefings and post incident analysis of any incident involving fire fighting; (l) conduct brigade briefings and post incident analysis of any management issues; and (m) ensure the behaviour of members is in accordance with the Local Government’s code of conduct. 3.3 Lieutenants (1) The Brigade may increase or decrease the number of Lieutenants to meet their specific operational requirements, up to a maximum of four Lieutenants. (2) All Lieutenants must be ranked in seniority as follows— (a) the Captain and Lieutenants of the brigade, in consultation with the Chief Bush Fire Control Officer, determine this seniority; and (b) in the event that a resolution cannot be found, the Chief Bush Fire Control Officer shall have the final say.

1740 GOVERNMENT GAZETTE, WA 12 May 2021 (3) In the absence of the brigade Captain the most senior Lieutenant present assumes the responsibilities and duties of that office and takes ultimate responsibility for the performance of all Brigade activities. (4) The duties of the Lieutenant are to— (a) provide support to the Captain; (b) command and manage members during emergencies and other Brigade related activities; (c) demonstrate positive leadership and mentor members; (d) maintain open lines of communication and encourage positive interaction and teamwork between members; (e) ensure Bush Fire Operating Procedures are adhered to during brigade activities; (f) ensure members engaged in fire fighting activities hold competencies relevant to the task; (g) work cohesively with the brigade Training Officer and conduct training activities for members; and (h) ensure the behaviour of members is in accordance with the Local Government’s code of conduct. 3.4 Secretary (1) The Secretary is to— (a) be in attendance at all meetings and keep a correct minute and account of the proceedings of the bush fire brigade in a book which shall be open for inspection by brigade members at any reasonable time; (b) answer all correspondence or direct it appropriately, and keep a record of the same; (c) prepare and send out all necessary notices of meetings; (d) receive membership fees, donations and other monies on behalf of the bush fire brigade, and remit them to the Treasurer upon receipt; (e) complete and forward an incident report form in the form required by the Department to the Chief Bush Fire Control Officer and the Department within 14 days after attendance by the bush fire brigade at an incident; (f) maintain a register of all current brigade members which includes each brigade member’s contact details and type of membership; and (g) provide no later than 31 May in each year, a report to the Chief Bush Fire Control Officer detailing the name, contact details and type of membership of each brigade member. (2) Where a bush fire brigade attends an incident on more than one day, the incident report form is to be completed and forwarded under subclause (1)(e) within 14 days after the last day of attendance. 3.5 Treasurer The Treasurer is to— (a) receive donations and deposits from the Secretary, and deposit all monies to the credit of the bush fire brigade’s bank account; (b) pay accounts as authorized by the Committee; (c) keep a record of all monies received and payments made, maintain the accounts and prepare the balance sheet for each financial year; (d) be the custodian of all monies of the bush fire brigade; (e) regularly inform the Secretary of the names of those brigade members who have paid their membership fees; (f) report on the financial position at meetings of the bush fire brigade or Committee; and (g) submit a copy of the audit report to the Chief Bush Fire Control Officer by 15 April each year. 3.6 Equipment Officer (1) The Equipment Officer is to— (a) be responsible for the custody and maintenance in good order and condition of all protective clothing, equipment and appliances of, or provided by the local government to, the bush fire brigade; (b) provide, no later than 15 April of each year, a report to the local government and bush fire brigade captain describing the nature, quantity and quality of all protective clothing, equipment and appliances of the bush fire brigade which are generally available within the bush fire brigade area (or at a station of the bush fire brigade); and (c) ensure all of the equipment of the bush fire brigade is stored at a place approved by the Captain (the station). (2) If there is to be more than one station in the brigade area, the Equipment Officer is to appoint in respect of each station a person who is responsible for the custody and maintenance in good order and condition of all equipment and appliances at the station, subject to any direction of the Equipment Officer.

12 May 2021 GOVERNMENT GAZETTE, WA 1741 3.7 Training Officer The Training Officer is to— (a) ensure brigade members maintain necessary skill levels equivalent to the competency standards required as recommended by the Department and the Shire of Dardanup; (b) ensure regular training sessions are conducted within the brigade to maintain currency of qualifications and skills; (c) maintain accurate records of training undertaken by members and ensure that qualification and training updates are forwarded to the local government; (d) provide mentoring for members who express an interest in training to encourage future facilitators; (e) represent the brigade at training committee meetings; and (f) provide, no later than 30 November of each year, a report to the local government of any identified training needs of the bush fire brigade. PART 4—COMMITTEE 4.1 Management of bush fire brigade (1) Subject to the provisions of these Rules, the administration and management of the affairs of the bush fire brigade are vested in the Committee. (2) Without limiting the generality of subclause (1), the Committee is to have the following functions— (a) to recommend to the local government amendments to these Rules; (b) to draft the annual budget for the bush fire brigade and present it at the annual general meeting of the bush fire brigade; (c) to propose a motion for consideration at any meeting of the bush fire brigade; (d) to recommend to the local government equipment which needs to be supplied by the local government to the bush fire brigade; (e) to invest or place on deposit any of the funds of the bush fire brigade not immediately required to perform the normal brigade activities; (f) to delegate to a person, as from time to time thought fit, any functions (being less than the total functions of the Committee) on any conditions it thinks fit; (g) to do all things necessary or convenient in order to perform any of its functions and to secure the performance of the normal brigade activities by the bush fire brigade; and (h) deal with membership applications, grievances, disputes and disciplinary matters. 4.2 Constitution of Committee (1) The Committee of the bush fire brigade is to consist of the brigade officers being the Captain, Secretary, Treasurer, Equipment Officer, Training Officer, Bush Fire Control Officers and the Lieutenants of the bush fire brigade. (2) The brigade officers are to— (a) be elected at the annual general meeting of the bush fire brigade; (b) hold office until the next annual general meeting; and (c) be eligible for re-election at the next annual general meeting. (3) Any brigade officer may be removed from office by an absolute majority decision of the brigade members present in person or by proxy at a special meeting called for such a purpose. (4) The Committee may appoint a brigade member to fill a vacancy in any office arising from a resolution under subclause (3) or which has arisen for any other reason. PART 5—MEETINGS OF BUSH FIRE BRIGADE 5.1 Ordinary meetings (1) Ordinary meetings may be called at any time by the Secretary by giving at least 7 days’ notice to all brigade members and to the Chief Fire Control Officer, for the purpose of— (a) organising and checking equipment; (b) requisitioning new or replacement equipment; (c) organising field excursions, training sessions, hazard reduction programs, and the preparation of fire-breaks; (d) establishing new procedures in respect of any of the normal brigade activities; and (e) dealing with any general business. (2) In a notice given under subclause (1), the Secretary is to specify the business which is to be conducted at the meeting. (3) Business may be conducted at an ordinary meeting of the bush fire brigade notwithstanding that it was not specified in a notice given under subclause (1) in relation to that meeting.

1742 GOVERNMENT GAZETTE, WA 12 May 2021 5.2 Special meetings (1) The Secretary is to call a special meeting when 5 or more brigade members request one in writing. (2) At least 2 days’ notice of a special meeting is to be given by the Secretary, to all brigade members and to the Chief Bush Fire Control Officer. (3) In a notice given under subclause (2) the Secretary is to specify the business which is to be conducted at the meeting. (4) No business is to be conducted at a special meeting beyond that specified in a notice given under subclause (2) in relation to that meeting. 5.3 Annual general meeting (1) At least 7 days’ notice of the annual general meeting is to be given by the Secretary to all brigade members and to the Chief Bush Fire Control Officer. (2) At the annual general meeting the bush fire brigade is to— (a) elect the brigade officers from among the brigade members; (b) consider the Captain’s report on the year’s activities; (c) adopt the annual financial statements; (d) appoint an Auditor for the ensuing financial year in accordance with clause 5.6; and (e) deal with any general business. (3) In a notice given under subclause (1), the Secretary is to specify the business which is to be conducted at the meeting. (4) Business may be conducted at an annual general meeting notwithstanding that it was not specified in a notice given under subclause (1) in relation to that meeting. 5.4 Quorum (1) The quorum for a meeting of the bush fire brigade is at least 50% of the number of offices (whether vacant or not) of member of the bush fire brigade. (2) No business is to be transacted at a meeting of the bush fire brigade unless a quorum of brigade members is present in person or by proxy. 5.5 Voting Each brigade member is to have one vote, however in the event of an equality of votes, the Captain (or person presiding) may exercise a casting vote. 5.6 Auditor (1) At the annual general meeting a person, not being a brigade member, is to be appointed as the Auditor of the bush fire brigade for the ensuing financial year. (2) The Auditor is to audit the accounts of the bush fire brigade not less than 7 days before the annual general meeting and is to certify to their correctness or otherwise and present a report at the annual general meeting. PART 6—MEETINGS OF COMMITTEE 6.1 Meetings of Committee (1) The Committee is to meet for the despatch of business, adjourn and otherwise regulate its meeting as it thinks fit. (2) The Captain or Secretary may convene a meeting of the Committee at any time. 6.2 Quorum No business is to be transacted at a meeting of the Committee unless a quorum of 3 brigade officers are present in person. 6.3 Voting Each brigade officer is to have one vote, however in the case of an equality of votes, the Captain (or person presiding) may exercise a casting vote. PART 7—GENERAL ADMINISTRATION MATTERS 7.1 Fees (1) The membership fees, if any, for each type of member for the ensuing 12 months are to be determined by the bush fire brigade at the annual general meeting. (2) Subject to subclause (3), a member is to pay the membership fees for her or his type of membership on or before 1 May. (3) The bush fire brigade may exempt a brigade member, or a class of membership, from the payment of membership fees, for such period and on such conditions as the bush fire brigade may determine. 7.2 Funds The funds of the bush fire brigade are to be used solely for the purpose of promoting the objects of the bush fire brigade.

12 May 2021 GOVERNMENT GAZETTE, WA 1743 7.3 Financial year The financial year of the bush fire brigade is to commence on 1 July and is to end on 30 June of the following year. 7.4 Banking (1) The funds of the bush fire brigade are to be placed in a bank account and are to be drawn on only by cheques signed jointly by any 2 of the Captain, Secretary or Treasurer. (2) If the Secretary/Treasurer is a combined position, the Captain and Secretary/Treasurer are to sign the cheques referred to in subclause (1). 7.5 Disclosure of interests (1) A brigade member shall disclose to the bush fire brigade or Committee any financial interest (whether direct or indirect) he or she may have in any matter being considered by the bush fire brigade or Committee, as appropriate. (2) If a financial interest has been disclosed under subclause (1), then the bush fire brigade or Committee, as appropriate, is to decide, in the absence of the brigade member who disclosed that interest, whether or not the brigade member is to be permitted to vote on that matter. (3) Where the bush fire brigade or Committee, as appropriate, decides under subclause (2), that a brigade member is not to be permitted to vote on a matter, and the brigade member votes on the matter, then her or his vote is to be taken to have no effect and is not to be counted. 7.6 Disagreements (1) Any disagreement between brigade members may be referred to either the Captain or to the Committee. (2) Where a disagreement in subclause (1) is considered by the Captain or the Committee to be of importance to the interests of the bush fire brigade, then the Captain or the Committee, as the case may be, is to refer the disagreement to the annual general meeting, an ordinary meeting or a special meeting of the bush fire brigade. (3) The local government is the final authority on matters affecting the bush fire brigade, and may resolve any disagreement which is not resolved under subclause (1) or (2). PART 8—NOTICES AND PROXIES 8.1 Notices (1) Notices of meetings of the bush fire brigade are to be in writing and sent by ordinary post to the registered address of each brigade member. (2) Notices of meetings of the Committee may be given in writing in accordance with subclause (1) or by such other means as the Committee may decide (by an absolute majority) at a meeting of the Committee. (3) Any accidental omission to give notice of a meeting to, or non-receipt by a person entitled to receive such notice, is not to invalidate the meeting the subject of the notice or any resolutions passed at the meeting. (4) Where any notice other than a notice of meeting is to be given under these Rules, the notice is to be– (a) in writing; (b) unless otherwise specified, given to or by the Secretary; (c) given by— (i) personal delivery; (ii) post; (iii) facsimile transmission; or (iv) email. (d) taken to have been received, as the case may be— (i) at the time of personal delivery; (ii) 2 business days after posting; or (iii) on the printing of the sender’s email or transmission report. 8.2 Proxies (1) Where under these Rules a brigade member may vote by proxy, in order for the proxy to so vote, the brigade member or the proxy shall give a notice in the form of that appearing in this clause, to the Secretary or the person presiding at the meeting before the start of the meeting at which the proxy is to be used. (2) A proxy is to be valid for the meeting for which it is given and for any adjournments of that meeting. (3) A proxy shall be valid for the number of votes to which the brigade member is entitled. (4) If the donor of the proxy does not give any indication of the manner in which the proxy is to vote, the proxy shall be entitled to vote or not vote as he or she thinks fit. (5) A proxy shall be entitled to speak on behalf of the donor of the proxy.

1744 GOVERNMENT GAZETTE, WA 12 May 2021 (6) All forms appointing proxies deposited under subclause (1) are to be retained by the Secretary for not less than 28 days after the conclusion of the meeting to which they relate but if there is any objection to the validity of any vote at the meeting, they are to be retained until the determination of that objection. (7) The form appointing a proxy shall be in writing and signed by the brigade member appointing the proxy and shall be in or substantially in the form set out below— PROXY [INSERT NAME] BUSH FIRE BRIGADE [ANNUAL] [EXTRAORDINARY] GENERAL MEETING TO BE HELD ON [DATE] I, .................................................................................................................................................... , Being a brigade member appoint ............................................................................................... to be my proxy and vote on my behalf at the meeting of the bush fire brigade to be held on [insert date] and at any adjournment of it. The proxy shall vote as follows— MOTION FOR AGAINST ABSTAIN

1. . . . . . . . . . . . .
2. . . . . . . . . . . . . If there is no instruction to the proxy as to the way to vote, the proxy shall exercise her or his discretion as to how to vote or whether to vote at all. In respect of any vote taken at the meeting on a matter which does not appear on the agenda, the proxy shall exercise her or his discretion as to the way he or she casts the vote or whether it is cast at all. Date: ...................................................... Signed: ................................................... NOTE: To be valid this proxy must be completed and returned to the Secretary of the bush fire brigade (or the presiding member) prior to the commencement of the meeting for which the proxy is valid. Dated this day of 20...... ———— Dated 28th April 2021. The Common Seal of the Shire of Dardanup was affixed by authority of a resolution of the Council in the presence of— Cr. MICHAEL T BENNETT, President. ANDRIES S. SCHÖNFELDT, Chief Executive Officer. ———————————