The Department of Fire and Emergency Services (DFES) administers the following Acts on behalf of the Minister for Emergency Services:
The Acts are supported by their Regulations which help govern the Legislation.
The Emergency Management Act 2005 is administered by the State Emergency Management Committee.
For more information on the legislation, visit the Western Australia Legislation website.
DFES is coordinating a review of the Fire Brigades Act 1942, the Bush Fires Act 1954 and the Fire and Emergency Services Act of 1998.
State Cabinet has approved the consolidation of the three Acts. As a result, the existing Acts will be repealed and replaced with one comprehensive piece of legislation.
The first phase of the legislation change involves developing the Emergency Services Consultation Exposure Draft Bill (known as the EDB).
The proposed legislation aims to lay a strong and integrated foundation for effective emergency services management in the future. It will also improve community safety and provide better support for emergency services workers.
To determine the scope of the new legislation, DFES conducted extensive consultation with State agencies, local government, volunteers and industry during a legislation review that resulted in over 5,000 comments submitted. These submissions assisted in developing drafting instructions, which Cabinet subsequently approved.
The drafting instructions have been provided to Parliamentary Counsel’s Office (PCO) to draft the EDB. During this phase of the project, there is extensive communication between DFES and PCO.
Once the EDB is released, an extensive public consultation period will be undertaken. Feedback from the consultation period will be considered and used to inform any necessary changes to the proposed legislation before submission to Parliament. Once submitted to Parliament, the Bill will be debated for Parliamentary approval (Royal Assent) to publish the Act.
The development of new legislation is a lengthy and complex process guided by governmental and Parliamentary processes.
It may take several years to develop the new emergency services Act and the supporting regulations. This timeframe will allow for a thorough consultation process to be undertaken.
The CES Act team have been undertaking presentations upon request to provide stakeholder groups an update of the project status and we would like to acknowledge the valuable feedback.
Find out about upcoming information sessions on the attend one of our information sessions at legislation@dfes.wa.gov.au.
NB While the Exposure Draft Bill is being drafted, DFES is bound by the confidentiality principles of the Cabinet and is unable to share detailed information about the contents of the legislation or its progress. We appreciate your understanding during this period.
The declaration of an emergency situation is made in response to exceptional circumstances that pose a threat to public safety. An emergency situation declaration facilitates a high-level coordinated response during extreme situations. It allows for the mobilisation of resources and the deployment of personnel and equipment to respond to the emergency.
Once an emergency situation has been declared, responders can take actions to protect lives and property. This may include evacuating people from the area, providing medical aid, or clearing debris. Declaring an emergency situation is a serious step, but it is often necessary in order to save lives and property during an emergency.
An emergency situation declaration may:
Emergency situation declarations will be made available within three business days of being made.
Emergency services volunteer employers play a vital role in keeping Western Australians safe. Without their support, many incidents and emergencies would not receive the support and response required.
It is encouraged that employees are released during business hours to respond to an incident. However, employers have the final say on whether an employee may leave work, even during an emergency situation declaration.
An emergency situation declaration is prescribed under the Emergency Management Act 2005 and the Fair Work Act 2009. This means specific criteria must be followed by employers who release employee/s to help. This includes the legislative requirement to pay your employee/s their base salary or wage for the days they are deployed under a declaration.
If you release an employee, this should be done under a prior arrangement, so the employee knows the conditions under which they are leaving. This can be a combination of paid leave, unpaid leave and flexi-time.