5Persons engaged in fire-fighting operations and fire prevention operations

5 Persons engaged in fire-fighting operations and fire prevention operations

(1)  [Section 5 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] *[Section 5 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]**[Section 5 Subsection (1) amended by No. 48 of 1996, s. 5 ]*A person who, otherwise than under a contract for services, a contract of service, or training contract with the Secretary of the responsible Department in relation to the Fire Service Act 1979 , the State Fire Commission or any brigade within the meaning of the Fire Service Act 1979 , engages in fire-fighting operations or fire prevention operations with the consent of or under the authority of or in co-operation with the Secretary of that responsible Department, the State Fire Commission or any brigade within the meaning of the Fire Service Act 1979 shall, while so engaged, be deemed to be a worker employed by the Crown.

(2)  *[Section 5 Subsection (2) amended by No. 16 of 1995, s. 7 ]*For the purposes of assessing the compensation payable to or in respect of a person to whom subsection (1) applies, his normal weekly earnings shall –

(a) if he was working under a contract of service with any person immediately before engaging in the operations referred to in that subsection, be computed according to his earnings under that contract; and

(b) [Section 5 Subsection (2) amended by No. 99 of 2000, s. 7, Applied:01 Jul 2001] if he was not working under a contract of service immediately before engaging in those operations, be the basic salary.

(3)  In this section –

fire-fighting operations includes –

(a) any act that is necessary or expedient for or directed towards –

(i) extinguishing a fire;

(ii) preventing the spread of a fire;

(iii) saving life or preventing injury to persons by a fire;