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

### 5 Persons engaged in fire-fighting operations and fire prevention operations > > (1)  [*\[Section 5 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013\]*](/view/html/inforce/2013-07-01/act-2013-011#JS1@Ja16@GC2@EN) *\[Section 5 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 \]**\[Section 5 Subsection (1) amended by No. 48 of 1996, s. 5 \]*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](/view/html/inforce/2026-04-12/act-1979-035) , the State Fire Commission or any brigade within the meaning of the [Fire Service Act 1979](/view/html/inforce/2026-04-12/act-1979-035) , 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](/view/html/inforce/2026-04-12/act-1979-035) 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)](#GS5@Gs1@EN) 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) [*\[Section 5 Subsection (2) amended by No. 99 of 2000, s. 7, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS7@EN) 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; > > > > > > > > > > > > > (iv) preventing property from being destroyed or damaged by fire; > > > > > > > > > > > > > (v) providing sustenance for persons performing any act referred to in [subparagraphs (i)](#GS5@Gs3@Nd50@Hpa@Hqi@EN) , [(ii)](#GS5@Gs3@Nd50@Hpa@Hqii@EN) , [(iii)](#GS5@Gs3@Nd50@Hpa@Hqiii@EN) , and [(iv)](#GS5@Gs3@Nd50@Hpa@Hqiv@EN) ; or > > > > > > > > > > > > > (vi) taking action to prevent the outbreak of fire; and > > > > > > > > > (b) the undergoing of training in relation to all or any acts specified in [subparagraphs (i)](#GS5@Gs3@Nd50@Hpa@Hqi@EN) , [(ii)](#GS5@Gs3@Nd50@Hpa@Hqii@EN) , [(iii)](#GS5@Gs3@Nd50@Hpa@Hqiii@EN) , [(iv)](#GS5@Gs3@Nd50@Hpa@Hqiv@EN) , or [(vi)](#GS5@Gs3@Nd50@Hpa@Hqvi@EN) ; > > > > > ***fire prevention operations*** means any operations carried on, or any work or other acts done, for the purpose of preventing the outbreak of fire or abating the danger of fire, and includes the undergoing of training in relation to any of those operations or acts or that work. > > > (4)  For the purposes of this section any meeting, competition, or demonstration related to the prevention, control, or extinguishment of fires shall be deemed to be training.