Fire and Emergency Services Authority of Western Australia Act 1998 (WA)

Western Australia Fire and Emergency Services Act 1998 Western Australia Fire and Emergency Services Act 1998 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Term used: owner 1 3B. Act binds Crown 1 Part 2 — Administration Division 1 — The Minister 4. Term used: FES Ministerial Body 1 5. FES Ministerial Body, nature of etc. 1 6. FES Ministerial Body, purpose and effect of acts of etc. 1 7. FES Ministerial Body, execution of documents by 1 8. Minister's powers to acquire etc. property 1 9. Minister's power to borrow money 1 Division 2 — The FES Commissioner 11. Functions 1 12. Powers 1 13. Department, use of operational names by 1 Division 3 — Delegation 15. Delegation by Minister and FES Commissioner 1 16. Subdelegation 1 Part 3A — State Emergency Service 18A. FES Commissioner's functions under this Part 1 18B. FES Commissioner's powers for this Part 1 18C. SES Units, approval of etc. by FES Commissioner 1 18D. SES Unit to keep register of its members etc. 1 18E. SES Unit, functions of 1 Part 3B — Volunteer Marine Rescue Services 18F. FES Commissioner's functions under this Part 1 18G. FES Commissioner's powers for this Part 1 18H. VMRS Groups, approval of etc. by FES Commissioner 1 18I. VMRS Group to keep register of its members etc. 1 18J. VMRS Group, functions of 1 Part 3 — FES Units 18K. FES Commissioner's functions under this Part 1 18L. FES Commissioner's powers for this Part 1 18M. FES Units, approval of etc. by FES Commissioner 1 18N. FES Unit to keep register of its members etc. 1 18O. FES Unit, functions of 1 Part 4A — Bush fire prone areas 18P. FES Commissioner may designate bush fire prone areas 1 Part 4 — Staff 19. Terms used 1 20. Classes of staff 1 21. Operational staff and wages staff, engagement and remuneration etc. of 1 22. Operational staff, transfer of to another class 1 Part 5 — Advisory committees 23. Terms used 1 24. Advisory committees, establishing etc. 1 25. Volunteer advisory committees, establishing etc. 1 Part 6A — Emergency services levy Division 1 — Annual estimates of expenditure 36A. Annual estimate, local government to submit and FES Commissioner to pay etc. 1 Division 2 — Emergency services levy and ESL category areas 36B. Annual levy on land in ESL category area 1 36C. Leviable land, FES to compile records of annually 1 36D. Exemptions from levy, regulations as to 1 36E. Exemptions in other enactments do not apply 1 36F. ESL category areas, declaration of etc. 1 Division 3 — Determination and assessment of levy 36G. Minister to determine levy each year; method to be used 1 36H. Levy to be determined by reference to gross rental value etc. 1 36I. Minimum and maximum levy, Minister may determine 1 36J. Assessment of levy and assessment notices, local government's duties as to 1 36K. FES Commissioner to ensure local governments have information 1 36L. Levy on land owned by State etc., local governments and other persons, assessment of 1 36M. When levy is due and payable 1 36N. Levy on land owned by State etc., notice of etc. 1 Division 4 — Payment of emergency services levy 36O. Levy is a charge on land 1 36P. Who is liable to pay levy; payment of levy 1 36Q. Levy to be paid by one payment; Minister may approve instalments etc. 1 36R. Discounts, concessions etc., granting 1 36S. Unpaid levy, interest on 1 36T. Levy, apportioning etc. 1 36UA. Levy etc. paid to FES Commissioner, how to be dealt with 1 Division 5 — Local governments 36U. Levy etc. paid to local government, how to be dealt with 1 36V. Local government to pay levy etc. to FES Commissioner 1 36W. Local governments to be paid certain fees 1 36X. Amounts unpaid under s. 36V, interest on 1 36Y. Ministerial guidelines for this Part, issue of etc. 1 Division 6 — Recovery of unpaid levy 36Z. Unpaid levy etc., recovering etc. 1 36ZA. Question of title to land not to affect jurisdiction 1 Division 7 — Sale of land if levy is unpaid 36ZB. Term used: levy 1 36ZC. Land for which levy unpaid for 3 years, sale of 1 36ZD. Land for which levy unpaid, caveats on etc. 1 Division 8 — Objections and review 36ZE. Purpose for which land used, objecting to determination of 1 36ZF. Application to SAT for review 1 36ZH. Objection does not affect liability to pay levy 1 Division 9 — ESL agreements 36ZI. Terms used 1 36ZJ. ESL agreement, nature of etc. 1 36ZK. Part 6A modified for ESL agreement (Sch. 1A) 1 Division 10 — Fees and charges 36ZL. Emergency services, fees and charges payable for 1 Part 6B — Compensation for injury, loss or damage Division 1 — Preliminary 36ZM. Terms used 1 36ZN. When firefighter disease taken to be injury caused while engaged in volunteer activities 1 36ZO. Application of provisions of WCIM Act under this Part 1 36ZP. Appropriate changes to WCIM Act 1 Division 2 — Insured compensation 36ZQ. Duty to insure 1 36ZR. Amount of insured compensation 1 36ZS. Terms of insurance 1 Division 3 — Uninsured compensation 36ZT. Uninsured compensation for specified diseases 1 36ZU. Additional compensation for specified injuries 1 36ZV. Source of compensation under this Division 1 Division 4 — General 36ZW. Payment of compensation 1 36ZX. Firefighter disease disputes 1 Part 7 — Miscellaneous 37. Protection from personal and vicarious liability 1 38. Department's operating accounts, application of 1 38A. Offences in relation to SES, VMRS and FES operations 1 38B. Unauthorised use etc. of operational names etc., offence 1 38C. Impersonating member of staff etc., offence 1 39. Disclosure etc. of information obtained in course of duty restricted 1 40. Regulations 1 41. Review of Act 1 Part 8 — Savings and transitional provisions relating to the Fire and Emergency Services Legislation Amendment Act 2012 Division 1 — Interpretation 42. Terms used 1 Division 2 — Transfer of Authority's assets, liabilities, etc. 43. Authority (FESA) abolished 1 44. Transfer of assets etc., Minister may order 1 45. Transfer order under s. 44, effect of 1 46. Fire and Emergency Services Authority Account 1 47. Reserve funds 1 48. Authority to complete necessary transactions 1 49. Registration of documents 1 50. Exemption from State tax 1 51. Error in transfer order, correcting 1 Division 3 — Chief executive officer and certain other persons 52. CEO of Authority (FESA) becomes FES Commissioner 1 53. Bush fire liaison officers and Chief Bush Fire Control Officers continue in office 1 54. Fire and Emergency Services Superannuation Board, certain members of continue 1 Division 4 — Consultative committees 55. Committees cease 1 56. Records of committees, transfer of 1 Division 5 — Continuing effect of things done 57. Completion of things commenced 1 58. Continuing effect of things done 1 59. Agreements and instruments generally 1 Division 6 — Other transitional provisions 60. Continuing duty of confidentiality 1 61. Investments 1 62. Transitional regulations 1 63. Saving 1 Schedule 1A — Modification of operation of Part 6A Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Fire and Emergency Services Act 1998 An Act to provide for functions relating to the provision and management of emergency services, and for related purposes. [Long title amended: No. 22 of 2012 s. 4.]