❓ Hon Martin Aldridge asks about the timing and process of Section 13 requests made by local authorities to DFES during the February 2022 bushfires. DFES provides detailed information on each incident, acknowledging an administrative error in one case.
AnsweredQoN 1381Legislative Council
QuestionView source ↗
I refer to the Minister's answer to question without notice 371 in relation section 13 requests pursunt to the Bush Fires Act 1954 , and I ask, in relation to each incident contained within the Adverse fire weather event 3-6 February 2022 - After Action Review Report : (a) on what date and at what time was a section 13 request made by each local authority; (b) by whom was it made at the each respective local authority; (c) which Department of Fire and Emergency Services (DFES) officer received each of the respective requests; (d) on what data and at what time was each section 13 request received by DFES; (e) on what date and at what time was each section 13 request approved by DFES; (f) on what date and at what time did DFES take control of each incident pursuant to section 13; and (g) please table each section 13 request including any documents relating to the consideration and approval of each request?
AnswerView source ↗
Answered
9 May 2023
Responded by
Minister for Emergency Services
Response time
1 days
The Department of Fire and Emergency Services (DFES) advises:
The following is a breakdown of the above questions separated into each of the four incidents of the Adverse Fire Weather Event in February 2022. It should be noted that for all incidents, DFES was engaged with the relevant Shires throughout the preparation and escalation phase of the bushfires and in many instances embedded in the incident. This provided timely and ongoing discussions as to the local governments capability and capacity which informed the respective mutually supported requests for DFES to take control through a Section 13 appointment.
Bayview Rise Bushfire – 559811
(a) Approximately 14:15 hours on 4 February 2022.
(b) Chief Bush Fire Control Officer Shire of Denmark.
(c) District Officer Albany.
(d) Approximately 14:15 hours on 4 February 2022.
(e) Approximately 14:15 hours on 4 February 2022.
(f) Approximately 14:21 hours on 4 February 2022.
(g) Document tabled.
Bridgetown Bushfire – 559961
(a) Approximately 14:38 hours on 5 February 2022.
(b) Chief Bush Fire Control Officer Shire of Bridgetown Greenbushes.
(c) Superintendent Lower South West.
(d) Approximately 14:38 hours on 5 February 2022.
(e) Approximately 14:45 hours on 5 February 2022.
(f) Approximately 14:45 hours on 5 February 2022.
(g) Document tabled.
Shackleton Complex Bushfire – 560058
(a) Approximately 12:30 hours on 6 February 2022.
(b) Chief Bush Fire Control Officer Shires of Bruce Rock and Corrigin.
(c) Regional Duty Coordinator Goldfields Midlands and Superintendent Goldfield Midlands.
(d) Approximately 12:30 hours on 6 February 2022.
(e) Approximately 13:00 hours on 6 February 2022.
(f) Approximately 13:00 hours on 6 February 2022.
(g) Documents tabled.
Narrogin East Bushfire – 560035
(a) Approximately 13:00 hours on 6 February 2022.
(b) Chief Bush Fire Control Officer Shire of Narrogin.
(c) Superintendent (Acting) Upper Great Southern.
(d) Approximately 13:00 hours on 6 February 2022.
(e) Approximately 13:30 hours on 6 February 2022.
(f) Approximately 13:30 hours on 6 February 2022.
(g) Not applicable
DFES Comments:
Shackleton Complex Bushfire – 560058
(g) The initial Section 13 was updated at 14:00 to include Shires of Quairading and Kondinin after requests were made to handover to DFES. A typo was also corrected on the initial Section 13 under “Authorised Period” (documented as 7 February 2022 not 6 February 2022)
Both initial Section 13 and updated Section 13 documents, with additional local governments included, are attached.
Narrogin East Bushfire – 560035
(g) During the operational tempo of four Level 3 incidents, the initial request by the local government to handover control was acknowledged and actioned by DFES, however, due to an internal administrative error the Section 13 documentation authorising an officer to take control of the incident was not completed.
This administrative error does not necessarily invalidate decisions or directions given by officers at the time. In the event of a legal challenge, the nature of the particular decision or power being challenged and its purpose (which in the case of powers under the Bush Fires Act is to enable an appropriate response to a bush fire emergency) will be relevant to the outcome.
All staff on the ground and in the State Operations Centre continued with the operational activity with the understanding that DFES had taken control of the incident.
The following is a breakdown of the above questions separated into each of the four incidents of the Adverse Fire Weather Event in February 2022. It should be noted that for all incidents, DFES was engaged with the relevant Shires throughout the preparation and escalation phase of the bushfires and in many instances embedded in the incident. This provided timely and ongoing discussions as to the local governments capability and capacity which informed the respective mutually supported requests for DFES to take control through a Section 13 appointment.
Bayview Rise Bushfire – 559811
(a) Approximately 14:15 hours on 4 February 2022.
(b) Chief Bush Fire Control Officer Shire of Denmark.
(c) District Officer Albany.
(d) Approximately 14:15 hours on 4 February 2022.
(e) Approximately 14:15 hours on 4 February 2022.
(f) Approximately 14:21 hours on 4 February 2022.
(g) Document tabled.
Bridgetown Bushfire – 559961
(a) Approximately 14:38 hours on 5 February 2022.
(b) Chief Bush Fire Control Officer Shire of Bridgetown Greenbushes.
(c) Superintendent Lower South West.
(d) Approximately 14:38 hours on 5 February 2022.
(e) Approximately 14:45 hours on 5 February 2022.
(f) Approximately 14:45 hours on 5 February 2022.
(g) Document tabled.
Shackleton Complex Bushfire – 560058
(a) Approximately 12:30 hours on 6 February 2022.
(b) Chief Bush Fire Control Officer Shires of Bruce Rock and Corrigin.
(c) Regional Duty Coordinator Goldfields Midlands and Superintendent Goldfield Midlands.
(d) Approximately 12:30 hours on 6 February 2022.
(e) Approximately 13:00 hours on 6 February 2022.
(f) Approximately 13:00 hours on 6 February 2022.
(g) Documents tabled.
Narrogin East Bushfire – 560035
(a) Approximately 13:00 hours on 6 February 2022.
(b) Chief Bush Fire Control Officer Shire of Narrogin.
(c) Superintendent (Acting) Upper Great Southern.
(d) Approximately 13:00 hours on 6 February 2022.
(e) Approximately 13:30 hours on 6 February 2022.
(f) Approximately 13:30 hours on 6 February 2022.
(g) Not applicable
DFES Comments:
Shackleton Complex Bushfire – 560058
(g) The initial Section 13 was updated at 14:00 to include Shires of Quairading and Kondinin after requests were made to handover to DFES. A typo was also corrected on the initial Section 13 under “Authorised Period” (documented as 7 February 2022 not 6 February 2022)
Both initial Section 13 and updated Section 13 documents, with additional local governments included, are attached.
Narrogin East Bushfire – 560035
(g) During the operational tempo of four Level 3 incidents, the initial request by the local government to handover control was acknowledged and actioned by DFES, however, due to an internal administrative error the Section 13 documentation authorising an officer to take control of the incident was not completed.
This administrative error does not necessarily invalidate decisions or directions given by officers at the time. In the event of a legal challenge, the nature of the particular decision or power being challenged and its purpose (which in the case of powers under the Bush Fires Act is to enable an appropriate response to a bush fire emergency) will be relevant to the outcome.
All staff on the ground and in the State Operations Centre continued with the operational activity with the understanding that DFES had taken control of the incident.
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