13Fire fighters in fire districts

#### 13 Fire fighters in fire districts 13 Fire fighters in fire districts (cf former Sch 1 cl 13) > > (1) A person who (without remuneration or reward)— > > > > > (a) voluntarily and without obligation engages in fighting a bush fire in any fire district constituted under the [Fire and Rescue NSW Act 1989](/view/html/inforce/current/act-1989-192) with the consent of or under the authority and supervision of or in co-operation with— > > > > > > > (i) any retained fire brigade within the meaning of that Act, or > > > > > > > (ii) the Commissioner or any officer of Fire and Rescue NSW or any member of a permanent fire brigade, or > > > > > (b) is undergoing training for the purposes of fighting bush fires in those circumstances, > > > > is, for the purposes of this Act, taken to be a worker employed in Fire and Rescue NSW. > > > (2) For the purposes of assessing the compensation payable to a person to whom this clause applies, the “average weekly earnings” of the person are— > > > > > (a) if the person was working under a contract of service immediately before fighting the bush fire—to be computed according to the earnings of the person under that contract of employment, or > > > > > (b) if the person was not working under a contract of service immediately before fighting the bush fire—to be such amount as the Commission considers to be reasonable in the circumstances. > > > (3) In this clause— > > > > bush fire means a fire burning in grass, bush, scrub or timber and any fire arising from such a fire. > > > > fighting, in relation to a bush fire, includes any reasonable act or operation performed by the person concerned at or about the scene of or in connection with a bush fire, which is necessary for, directed towards or incidental to the control or suppression of the fire or the prevention of the spread of the fire, or in any other way necessarily associated with the fire.