Terms used
36ZM Terms used
In this Part —
appropriate changes, to the WCIM Act, has the meaning given in section 36ZP;
benchmark weekly earnings, in relation to a volunteer who receives compensation for an injury, means —
the estimate of the average weekly total earnings of full‑time adult employees in Western Australia most recently published by the Australian Bureau of Statistics before the date of injury; or
if the Australian Bureau of Statistics ceases to publish the estimate of the amount referred to in paragraph (a), the amount fixed by, or determined in accordance with, the regulations;
BFA volunteer means —
a bush fire control officer appointed under the Bush Fires Act 1954 section 38; or
a registered member of a bush fire brigade established under the Bush Fires Act 1954 section 41;
date of injury has the meaning given in section 36ZN(4);
firefighter disease has the meaning given in the WCIM Act section 11(1);
injury has the meaning given in the WCIM Act section 6;
injury policy means an insurance policy effected for the purposes of section 36ZQ(2);
medical practitioner has the meaning given in the WCIM Act section 5;
Part 6B commencement day means the day on which Firefighters and Emergency Volunteers Legislation Amendment (Compensation) Act 2016 section 7 comes into operation;
registered volunteer means —
a BFA volunteer; or
a registered member of a FES Unit; or
an officer or member of a volunteer fire brigade as defined in the Fire Brigades Act 1942 section 4(1) whose election or appointment has been approved by the FES Commissioner under section 30 of that Act; or
a registered member of an SES Unit; or
a registered member of a VMRS Group;
responsible agency means —
in relation to a BFA volunteer, the local government which —
appoints the volunteer to be a bush fire control officer; or
maintains the bush fire brigade of which the volunteer is a registered member,
as the case may be; and
in relation to any other registered volunteer, the FES Commissioner; and
in relation to an unregistered volunteer —
if the unregistered volunteer engages in volunteer activities under the direction of a BFA volunteer, the local government which is the responsible agency for that BFA volunteer; and
in any other case, the FES Commissioner;
unregistered volunteer means a person who is not a registered volunteer, but who engages in volunteer activities under the direction of a registered volunteer or a member of operational staff;
vehicle includes a rail vehicle, a vessel, an aircraft and any other thing used as a means of transport;
volunteer means a registered volunteer or an unregistered volunteer;
volunteer activities means —
in relation to a BFA volunteer or an unregistered volunteer working under the direction of a BFA volunteer, normal brigade activities as defined in the Bush Fires Act 1954 section 35A; and
in relation to any other registered volunteer or an unregistered volunteer working under the direction of such a volunteer, activities carried out by the volunteer unit of which the registered volunteer is an officer or member for the purposes for which that unit was formed; and
in relation to an unregistered volunteer working under the direction of a member of operational staff, FES activities engaged in at the direction of that member;
volunteer unit means —
a bush fire brigade established under the Bush Fires Act 1954 section 41; or
a FES Unit; or
a volunteer fire brigade within the meaning given in the Fire Brigades Act 1942 section 4(1); or
an SES Unit; or
a VMRS Group;
WCIM Act means the Workers Compensation and Injury Management Act 2023.
[Section 36ZM inserted: No. 28 of 2016 s. 7; amended: No. 21 of 2023 s. 630 and 638.]
This provision refers to the regulations (the regulations
). Made under this Act:
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