❓ A WA parliamentary question addresses concerns regarding volunteer bush fire brigades, including training, viability, administrative burdens, resource allocation, and liability under the Work Health & Safety Act 2020. The answer provides clarification on existing support mechanisms and responsibilities.
AnsweredQoN 324Legislative Assembly
QuestionView source ↗
I refer to the Work Health & Safety Act 2020 and Volunteer Bush Fire Brigades, I ask : (a) With respect to Volunteer Bushfire Brigade member training, is it "Once Trained, Always Trained" or is there a need for refresher training courses to be conducted periodically; (b) What is considered a critical number of Brigade members for a Brigade to be viable (e.g. some Brigades in the Shire of Chapman Valley have fewer than eight (8) members actually registered); (c) Is it possible to merge Brigades within a Shire to minimise the administrative red tape expected to be imposed on the Brigades and Local Government Authorities (LGA) (i.e. could there simply be one Brigade across a whole Shire); (d) Will the State Government provide resources to LGAs to provide Community Emergency Service Managers (CESM) for those LGAs who currently do not have these positions to assist the LGAs and Brigades to comply; (e) Will the Department of Fire and Emergency Services (DFES) and/or the State Government assist small LGAs with developing relevant policies and procedures to introduce best-practice and improve compliance with the Work Health Safety legislation for volunteers and LGA Elected Members and Officers; (f) How is an LGA expected to monitor the standard of private landowner vehicles and training standards of people attending a fire; (g) Will the State Government consider amendments to the Work Health Safety Act to allow an LGA to purchase insurance for Officers, Elected Members and volunteers if the LGA is achieving minimum operational standards for volunteers, staff and contractors; (h) Will the State Government consider providing additional resources to LGAs via the Emergency Services Levy (ESL) to assist with bringing volunteer training, Personal Protective Equipment, Personal Protective Clothing, operational standards, etc. up to a satisfactory level; (i) Has the State Government considered legislating the transfer of the head of power for Bushfire Control from the LGA to DFES if an LGA cannot meet a minimum standard or the LGA requests the transfer; and (j) Will the Minister ensure that DFES provides clarification to LGAs about the chain of responsibility and liability when a fire moves from landowner to LGA Brigades to DFES?
AnswerView source ↗
Answered
16 February 2022
Responded by
Minister representing the Minister for Emergency Services
Response time
6 days
(a) As part of normal fire season preparation and risk management, many Bush Fire Brigades and Local Governments (LG) conduct pre-season refresher training on subjects such as being able to activate crew protection equipment in the event of a burn over and basic firefighting skills. All members of Brigades are encouraged to maintain their skills by actively participating in training activities and planned burns.
(b) Local Government Bush Fire Brigade viability is based on the average number and frequency of incidents the Brigade attends, the Brigade’s capability, and the number of fire appliances in the Brigade which reflects local and regional bushfire risk profiling. DFES regional staff review the annual risk profile with Local Governments to ensure response capability is appropriate.
(c) The Bush Fires Act 1954 Division 2 Section 41 outlines that Local Governments, in accordance with its local laws, can establish, maintain, or cancel the registration of a Bush Fire Brigade. It does not stipulate how many Bush Fire Brigades are required as this is a matter of risk management determination for the Local Government. DFES regional staff assist Local Government in this matter as required.
(d) DFES is currently funded to provide 34 CESMs who provide direct support to 52 Western Australian local governments. 27 are employed by local governments, which are subsidised by DFES depending upon the respective local government’s financial capacity. The remaining 7 are employed by DFES. DFES also provides support to local governments through a network of regional offices, staffed, by Superintendents, District Officers and Area Officers who provide guidance and support on emergency management matters.
(e) DFES has proven and comprehensive Standard Operating Procedures, training materials and conducts training which is available for all Local Government volunteers free of charge. In addition, the State Government has funded an education and awareness campaign. In January 2022, Officers from Department of Mines, Industry Regulation and Safety (DMIRS) conducted information sessions in metropolitan and regional locations, which were live-streamed and recorded. Information on the sessions will be available from the DMIRS website and through its’ subscriber mail newsletters. The Local Government should seek advice from WALGA regarding compliance to the Act.
(f) The Local Government should seek advice from WALGA regarding the legal interpretation of the Act.
I am advised that the relevant Local Government is not responsible for the management of vehicles which are owned by farmers and are not part of a Volunteer Bush Fire Brigade. This is the case currently as it will be under the new Act.
A farmer providing initial response has a duty of care to their workers and must take “reasonably practicable” steps to ensure the safety of the workers which would include the provision of safety training, the provision of safety equipment and clothing, awareness of local environmental conditions, and where appropriate, supervision. This duty of care already exists under the Occupational Safety and Health Act 1984.
Should a Local Government be involved in the management of fire being attended by farmer response units, the same duty of care to take “reasonably practicable” steps apply to the Local Government which would be deemed to be the “Person Conducting the Business Undertaking” for the Bushfire Brigades under their authority.
(g) The legislation has been specifically designed to preclude persons conducting a business or undertaking from being able to indemnify themselves in relation to a judgement against for a failure to comply with the law. The question should be referred to the Minister for Industrial Relations.
(h) Local Governments are provided with ongoing funding through the Local Government Grants Scheme Operating Grants to fund volunteer training and protective equipment/clothing requirements. Annual expenditure on safety equipment and clothing incurred by Local Governments for their volunteers has steadily risen since the introduction of the Emergency Services Levy and is currently around $1.5m per annum reflecting a regular and ongoing commitment by Local Governments to providing their volunteers with appropriate personal protection. The new Act is not changing safety equipment or clothing requirements for volunteers and no additional funding is required. DFES has proven and comprehensive Standard Operating Procedures and training materials available for all Local Government volunteers use free of charge. DFES routinely reviews the adequacy of these materials after major events and is already funded for maintenance of these assets.
(i) The FES Commissioner is the Hazard Management Agency for fire. The Controlling Agencies include DFES, DBCA, and Local Governments. Local Governments are the controlling agency in Local Government districts outside of gazetted fire districts and DBCA land.
(j) The Bush Fires Act 1954 Section 13 outlines the ability of Local Governments to request transfer control of all operations in relation to a fire; Section 28 outlines the requirements of an occupier of land to extinguish bush fire occurring on own land, and Section 44 outlines the powers and authorities of officers of Bush Fire Brigades for the purpose of controlling and extinguishing a bush fire.
(b) Local Government Bush Fire Brigade viability is based on the average number and frequency of incidents the Brigade attends, the Brigade’s capability, and the number of fire appliances in the Brigade which reflects local and regional bushfire risk profiling. DFES regional staff review the annual risk profile with Local Governments to ensure response capability is appropriate.
(c) The Bush Fires Act 1954 Division 2 Section 41 outlines that Local Governments, in accordance with its local laws, can establish, maintain, or cancel the registration of a Bush Fire Brigade. It does not stipulate how many Bush Fire Brigades are required as this is a matter of risk management determination for the Local Government. DFES regional staff assist Local Government in this matter as required.
(d) DFES is currently funded to provide 34 CESMs who provide direct support to 52 Western Australian local governments. 27 are employed by local governments, which are subsidised by DFES depending upon the respective local government’s financial capacity. The remaining 7 are employed by DFES. DFES also provides support to local governments through a network of regional offices, staffed, by Superintendents, District Officers and Area Officers who provide guidance and support on emergency management matters.
(e) DFES has proven and comprehensive Standard Operating Procedures, training materials and conducts training which is available for all Local Government volunteers free of charge. In addition, the State Government has funded an education and awareness campaign. In January 2022, Officers from Department of Mines, Industry Regulation and Safety (DMIRS) conducted information sessions in metropolitan and regional locations, which were live-streamed and recorded. Information on the sessions will be available from the DMIRS website and through its’ subscriber mail newsletters. The Local Government should seek advice from WALGA regarding compliance to the Act.
(f) The Local Government should seek advice from WALGA regarding the legal interpretation of the Act.
I am advised that the relevant Local Government is not responsible for the management of vehicles which are owned by farmers and are not part of a Volunteer Bush Fire Brigade. This is the case currently as it will be under the new Act.
A farmer providing initial response has a duty of care to their workers and must take “reasonably practicable” steps to ensure the safety of the workers which would include the provision of safety training, the provision of safety equipment and clothing, awareness of local environmental conditions, and where appropriate, supervision. This duty of care already exists under the Occupational Safety and Health Act 1984.
Should a Local Government be involved in the management of fire being attended by farmer response units, the same duty of care to take “reasonably practicable” steps apply to the Local Government which would be deemed to be the “Person Conducting the Business Undertaking” for the Bushfire Brigades under their authority.
(g) The legislation has been specifically designed to preclude persons conducting a business or undertaking from being able to indemnify themselves in relation to a judgement against for a failure to comply with the law. The question should be referred to the Minister for Industrial Relations.
(h) Local Governments are provided with ongoing funding through the Local Government Grants Scheme Operating Grants to fund volunteer training and protective equipment/clothing requirements. Annual expenditure on safety equipment and clothing incurred by Local Governments for their volunteers has steadily risen since the introduction of the Emergency Services Levy and is currently around $1.5m per annum reflecting a regular and ongoing commitment by Local Governments to providing their volunteers with appropriate personal protection. The new Act is not changing safety equipment or clothing requirements for volunteers and no additional funding is required. DFES has proven and comprehensive Standard Operating Procedures and training materials available for all Local Government volunteers use free of charge. DFES routinely reviews the adequacy of these materials after major events and is already funded for maintenance of these assets.
(i) The FES Commissioner is the Hazard Management Agency for fire. The Controlling Agencies include DFES, DBCA, and Local Governments. Local Governments are the controlling agency in Local Government districts outside of gazetted fire districts and DBCA land.
(j) The Bush Fires Act 1954 Section 13 outlines the ability of Local Governments to request transfer control of all operations in relation to a fire; Section 28 outlines the requirements of an occupier of land to extinguish bush fire occurring on own land, and Section 44 outlines the powers and authorities of officers of Bush Fire Brigades for the purpose of controlling and extinguishing a bush fire.
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