GN 10.2 Volunteers

Published: 11 June 2024

Last edited: 11 June 2024

- GN 10.2 Volunteers

Application: This guidance only applies to volunteer bush fire fighters, emergency service workers and rescue association workers

Overview

Persons who meet the definition of fire fighter, official fire fighter, emergency service worker, rescue association worker and surf lifesaver under the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 (BFERS Act) may have an entitlement to compensation for injury, death or damage to personal property and effects.

Eligibility, entitlements and arrangements are unique to the special compensation scheme for bush fire fighters, emergency service workers and rescue association workers.

Section 32 of the BFERS Act details the application of the Principal Act (the Workers Compensation Act 1987 – 1987 Act) and the Workplace Injury Management and Workers Compensation Act 1998 (1998 Act) to bush fire fighters, emergency service workers and rescue association workers. Importantly:

a reference to a worker in the Principal Act or 1998 Act is taken to be a reference to a fire fighter or an emergency service worker or a rescue association worker as the case requires
a reference to the employer of a worker in the Principal Act or 1998 Act is taken to be a reference to the NSW Self Insurance Corporation (SICorp)
a reference in the Principal Act or 1998 Act to the Authority’s Fund is taken to be a reference to the Bush Fire Fighters Compensation Fund or the Emergency and Rescue Workers Compensation Fund (the Funds).

The Self Insurance Corporation

SICorp (known as Insurance for NSW) manages several Government funds and statutory insurance schemes, including the statutory scheme under the BFERS ActSICorp takes on the role as employer for notification purposes
SICorp has the role of the decision maker for claims made against the Funds.

Workers and Volunteers

Workers and volunteers referred under the BFERS Act are hereafter referred to as 'volunteers'.

Firefighters – includes both official fire fighters and volunteer firefighters. An official fire fighter is the captain, deputy captain or any member of a rural fire brigade or the group captain or deputy group captain of any rural fire brigade, and also may be any person who without remuneration or reward, voluntarily and without obligation engages in fighting a bush fire with consent/under authority and supervision of the captain, group captain, deputy captain, deputy group captain on a rural fire brigade or in conjunction with any civil authority, or who is deemed to be a fire fighter in the opinion of SICorp.

State Emergency Service volunteers – are duly appointed under the State Emergency Service Act 1989, or as prescribed by the Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2023 (the Regulation), or who is deemed to be a volunteer in the opinion of the SICorp (includes State Emergency Service and Marine Rescue Service).

Rescue Association workers – are an executive member of the New South Wales Volunteer Rescue Association (unless excluded by the Regulation), surf life savers, duly registered or accepted members of a rescue squad or other organisation affiliated with the New South Wales Volunteer Rescue Association, or a deemed rescue association worker in the opinion of SICorp (includes Volunteer Rescue Association and affiliates and Surf Life Savers).

Surf life savers - elected or appointed officer, or advisor, of the Surf Life Saving Association of Australia, elected member of the management committee or executive of a branch (branch as specified in the Regulation) a member of club affiliated with a branch, or a deemed surf life saver in the opinion of SICorp.

Eligibility

If a volunteer sustains injury whilst undertaking an activity outlined below, that injury may attract compensation. These activities are described as "associated operations or work" for firefighters and "authorised activities" for emergency and rescue workers.

The following injuries may be covered under this scheme.

For fire fighters:

Injuries sustained in the course of fighting a bush fire or on a journey in relation to a bush fire.

In addition, “official fire fighters” may be covered for:

Injuries sustained while carrying out an “associated operation or work” * or on a journey in relation to an “associated operation or work”.

Eligible firefighters diagnosed with selected specified primary cancers as outlined in Schedule 4 to the 1987 Act, and who meet the corresponding minimum qualifying periods of service, will automatically be presumed to have developed the cancer because of their firefighting work.

For Emergency Service Workers and Rescue Association Workers:

Injuries sustained in the course of carrying out authorised activities^ or on a journey in relation to an authorised activity.

An injury includes a disease which is contracted, aggravated or exacerbated or which deteriorates in the course of the above if undertaking the activity was a contributing factor.

Journeys

Volunteers may be covered if they were injured on a journey between their place of abode or place of employment, or place from which the volunteer was called, and:

a bush fire (fire fighter)
the place where any associated operation or work was or is to be carried out (official fire fighter) or
place of carrying out an authorised activity (emergency service worker and rescue association worker).

The journey must be made exclusively and genuinely for the purpose of engaging in:

fighting a bush fire (fire fighter)
carrying out of the associated operation or work (official fire fighter) or
carrying out an authorised activity (emergency service worker and rescue association worker).

The presumptions relating to certain employment in relation to COVID-19 as described in section 19B of the 1987 Act does not apply to volunteers.

Relevant activities for volunteers - include fighting a bush fire or an associated operation or work (for fire fighters or official fire fighters), or an authorised activity (for emergency service or rescue association workers) or in the course of a relevant journey.

A volunteer injured in the course of carrying out an associated operation or work will be covered by the legislation. An associated operation or work is defined as a bush fire preventive operation, preparatory work, work of a prescribed kind (which may, but need not, be related to bush firefighting, bush fire preventive operations or preparatory work), or work which, in the opinion of SICorp having regard to all the circumstances and the advice of the Minister administering the State Emergency Service Act 1989, should be deemed to be an associated operation or work.

Bush fire preventive operation includes the burning, ploughing or clearing of firebreaks, or any other operation including (but without being limited to) the inspection of fire breaks or other works and the survey of areas for the purpose of detecting fires or ascertaining the need for precautions against outbreak of fire, carried out by a rural fire brigade for the purpose of preventing the outbreak of bush fires or of restricting the spread of bush fires should they occur.

Preparatory work is the training or instruction in the fighting of bush fires, or in the carrying out of bush fire preventive operations, or the examination, preparation, maintenance, adjustment or repair of any vehicle, equipment used by a rural fire brigade for the fighting of bush fires or for the carrying out of bush fire preventive operations, and includes the giving or receiving of such training or instruction or the carrying out of or assisting to carry out such examination, preparation, maintenance, adjustment or repair.

Fund raising activities for a rural fire brigade by an official fire fighter that is authorised by a fire control officer that is carried out voluntarily and without remuneration or reward.

Fire fighters or those deemed to be a fire fighter by SICorp are covered outside the State in respect of injury sustained and /or loss/damage/destruction of property within the Commonwealth and its Territories.

Emergency service workers—authorised activities

Activities duly authorised under the State Emergency Service Act 1989 or the State Emergency and Rescue Management Act 1989 (or the regulations under those Acts) and are carried out without remuneration or reward, voluntarily and without obligation. These include:

relief assistance and other operations in relation to any emergency as defined in section 4 of the State Emergency and Rescue Management Act 1989,
activities carried out under section 8 of the State Emergency Service Act 1989,
training and preparatory activities genuinely related to those operations or activities,
fund-raising.

Emergency service workers are covered outside of New South Wales in respect of injury sustained within the Commonwealth and its Territories:

while carrying out operations as members of SES units pursuant to arrangements under section 23 (Arrangements for inter-State co-operation in emergencies) of the State Emergency Service Act 1989, or
while carrying out operations as members of accredited rescue units under arrangements made under section 58 (Arrangements for inter-State co-operation in rescue) of the State Emergency and Rescue Management Act 1989.

Rescue Association workers - authorised activities

The following are authorised activities in relation to rescue association workers if they are carried out without remuneration or reward, voluntarily and without obligation:

Meetings and other activities genuinely related to the business of that Association (in relation to executive members of the New South Wales Volunteer Rescue Association)
Surf lifesaving operations, training and preparatory activities genuinely related to those operations and fund-raising, being activities duly authorised under arrangements approved by Surf Life Saving New South Wales (for surf life savers)
Assistance at accidents, ski patrol operations and other safety patrol operations, search and rescue operations, recovery of bodies, training and preparatory activities genuinely related to those operations and fund-raising, being activities duly authorised under arrangements approved by the New South Wales Volunteer Rescue Association, (for registered or accepted members of a rescue squad or other organisation affiliated with the NSW Volunteer Rescue Association
Any activity which, in the opinion of the Authority, is or is similar to an activity referred to in point (i) and (ii).

Making a claim

Notice of injury is given to and claims are made on SiCorp, Claims are made in the manner prescribed by SiCorp.

A claim should be made within 6 months, but failure is not a bar to claiming (where failure is due to ignorance, mistake, absence, or other reasonable cause).

SICorp may make payments on a provisional basis, without admitting liability, if it is satisfied that it is likely that the person is an eligible volunteer, and the person has received a relevant injury. Provisional weekly payments can be made by SICorp for:

a period of up to 12 weeks of weekly payments
up to $10,000 for medical expenses.

A claim for compensation that is for a weekly payment of compensation shall be dealt with within 31 days after the volunteer makes the claim and supplies SICorp with the documentation it required to decide the claim (ss 16 and 30 of the BFERS Act).

A volunteer dissatisfied with a decision of SICorp may apply to the District Court of New South Wales for a determination of the claim and SICorp must give effect to the determination of the Court.

At a hearing before the District Court, SICorp or its representative may appear before the District Court and exercise the same powers, rights and authorities as an employer may exercise in respect of a claim between a worker and employer under the 1987 Act or the 1998 Act (ss16(6) and 30(6) of the BFERs Act).

Compensation payable

Weekly payments

Where a volunteer is engaged in paid employment at the time of their volunteer related injury and total or partial incapacity for work results from the injury—weekly payments are calculated in accordance with the legislation as in force prior to the Workers Compensation Legislation Amendment Act 2012 (2012 Amendments). See Insurer guidance GN 5.6 Weekly payments for exempt workers.

If the current weekly wage rate of the volunteer is less than their average weekly earnings, then the average weekly earnings should apply.

The maximum weekly payment as prescribed by section 35 of the 1987 Act does not apply for volunteers.

If a volunteer has unreasonably rejected suitable employment, the reduction in their weekly earnings is the difference between the current weekly wage rate for their pre-injury employment, and the current weekly wage rate for some suitable employment from time to time after the injury. (There is no cap restriction to $1000 in accordance with s40 (2A) of the 1987 Act in force prior to June 2012).

If a volunteer was not working under a contract of service at the time they received the injury, their “average weekly earnings” or “current weekly wage rate” shall be such amount as SICorp considers is fair and reasonable in the circumstances.

Retiring age provisions and discontinuation of weekly payments for partial incapacity after 2 years under section 52 and section 52A of the 1987 Act do not apply to volunteers.

Medical or related treatment

Where medical or related treatment is necessary as a result of the injury—the benefits prescribed by Division 3 of Part 3 of the 1987 Act in force prior to the 2012 amendments are available to volunteers, In summary, volunteers are entitled to compensation for the cost of reasonably necessary medical or hospital treatment, rehabilitation services and domestic assistance. Insurer guidance GN 6.1 Determining liability for medical and related treatment applies to volunteers, with the exceptions outlined for exempt workers also applying to volunteers.

Permanent impairment

Permanent impairment entitlements for volunteers are outlined in Division 4 of Part 3 of the 1987 Act in force prior to the 2012 amendments, including compensation for any pain and suffering resulting from the injury. Volunteers are entitled to lump sum compensation if they have an injury that results in permanent impairment. The amount of compensation payable depends on the degree of permanent impairment (assessed from one per cent up to 100 percent whole person impairment as specified in the Workers compensation benefits guide (Benefits guide)). These amounts are not subject to indexation.

A volunteer is entitled to make more than one claim for permanent impairment compensation in respect of the permanent impairment that results from the same injury. The degree of permanent impairment determines whether the volunteer can access a commutation and/or domestic assistance (if they are assessed with 15% or more whole person impairment). The degree of permanent impairment does not impact ongoing weekly or medical or related treatment entitlements for volunteers,

Death

Where death results from the injury—the compensation payments prescribed in the 1987 Act, sections 25(1)(a) and (b) and (1A), 26 and 28 apply to volunteers. Generally, the information provided in Insurer guidance GN 5.12 Death claims is also relevant for volunteers. To be entitled to receive the funds management costs for managing lump sums for dependent children in accordance with s25 (1A) of the 1987 Act, the lump sum must be invested with the NSW Trustee and Guardian.

Damage to personal property

Volunteers may be covered for the destruction or loss of or damage to clothing, personal effects crutches, artificial members, eyes or teeth, spectacles, or other artificial aids if the destruction, loss or damage occurred while fighting a bush fire, undertaking an associated operation or work (for fire fighters), carrying out an authorised activity (for emergency service or rescue association workers) or in the course of a relevant journey.

The provisions of Division 5 of Part 3 of the 1987 Act in relation to maximum rates of compensation for property damage sustained on any one occasion also apply to volunteers.

Damage to vehicles etc

Volunteers may be covered for the destruction, loss of or damage to any vehicle, equipment or thing used in connection with undertaking an associated operation or work (firefighter) or while carrying out an authorised activity (emergency and rescue workers) or in the course of a relevant journey

Any vehicle used for the conveyance of a volunteer on a relevant journey in relation to a relevant activity and owned by or in the possession or custody of the volunteer.

SICorp will determine the reasonable amount payable to indemnify the owner for the destruction, damage, or loss.

Return to work

Chapter 3 of the 1998 Act relating to workplace injury management does not apply to volunteers. Volunteers are entitled to return to work assistance if they are not able to return to work with their pre-injury employer. If the volunteer accepts an offer of employment with a new employer, they may receive up to $1000 to assist them to return to work with a new employer.

The Regulation may limit the classes of work assistance which attracts compensation and circumstances in which compensation is payable.

Education and training

A maximum of $8000 is payable to a volunteer for education or training expenses to assist a volunteer return to work provided the volunteer:

receives an injury which has resulted in a degree of permanent impairment of more than 20%, and
has received or was entitled to receive weekly payments for an aggregate period of more than 78 weeks,

The Regulation may limit the classes of education or training and the circumstances for which compensation is payable.

Exclusions

The following provisions do not apply to volunteers:

Workplace injury management in accordance with Chapter 3 of the 1998 Act
Work capacity in accordance with Subdivision 3, Division 2 of Part 3 of the 1987 Act
Vocational re-education etc provided by Authority in accordance with Section 53 of the 1998 Act

Funding

Bush Fire Fighters Compensation Fund

Administered by SICorp
The amounts required to be transferred to the Fund (as assessed by SICorp)
Such amounts as are appropriated by Parliament for the purposes of the Fund, and
The investment earnings accruing from the investment of the Fund.
Emergency Service Levy- (applied to a range of retail insurance policies and constituting 73.7% of total funding), local government council contributions (typically raised through the collection of land rates and constituting 11.7% of total funding), and consolidated revenue appropriations (constituting 14.6% of total funding)

Emergency and Rescue Workers Compensation Fund

Administered by SICorp
Special Deposits Account in the Treasury kept jointly with the Bush Fire Fighters Compensation Fund

In summary from the workers compensation acts, the following applies to volunteers.

The 1987 Act:

(a) Conduct of a worker – compensation is payable for death or serious and permanent disablement of a worker notwithstanding certain matters, except if caused by an intentional self-inflicted injury (s14 of the 1987 Act)

(b) Compensation payable on death - dealing with the death of worker leaving dependants, funeral expenses, expenses of transporting body, the apportionment of payments between dependants, the review of apportionment among dependants, payment in respect of dependent children and payment where no there are dependents (Division 1 of Part 3, of the 1987 Act)

(c) Weekly compensation by way of income support – dealing with weekly compensation during total or partial incapacity for work, the definition of first 26 weeks of incapacity, weekly payment during total incapacity—first 26 weeks, weekly payment during total incapacity—after first 26 weeks, partially incapacitated workers not suitably employed (special initial payments while seeking employment), determination of whether a worker is seeking suitable employment, incapacity treated as total—“odd-lot” rule, weekly payments during partial incapacity (general), assessment of incapacitated worker’s ability to earn, incapacity for period less than 1 week, current weekly wage rate, computation of average weekly earnings, suitable employment, incapacitated workers reaching 21 years of age—special provision, reduction of weekly payments to qualify for other benefits, reduction of weekly payments to prevent dual benefits, incapacity deemed to exist in certain cases, compensation payable despite existing incapacity, weekly compensation payable despite holiday pay etc, weekly compensation and sick leave, weekly payments—residence outside the Commonwealth, notice required before termination or reduction of payment of weekly compensation, review of weekly payments, award of compensation may be for fixed period, award of compensation may be subject to supply of medical certificates etc, worker to notify return to work etc with other employer, and refund of weekly payments paid after return to work etc

Note: The maximum weekly payment prescribed by section 35 of the Principal Act does not apply

(Division 2 of Part 3 of the 1987 Act in force prior to June 2012, except sections 52, 52A and 52B).

(d) Compensation for medical, hospital and rehabilitation expenses etc – dealing with compensation for domestic assistance, workers not being liable for medical, hospital and rehabilitation charges above applicable rates, rates applicable for medical or related treatment, hospital treatment, ambulance service, workplace rehabilitation services, car travel associated with treatment and the cost of interpreter services. (Division 3 of Part 3, of the 1987 Act)

(e) Compensation for non-economic loss – dealing with the determination of degree of permanent impairment, special provisions for psychological and psychiatric injury, entitlement to compensation for permanent impairment, agreements for compensation, no proceedings to enter up award on agreement for compensation, compensation for pain and suffering, special provisions for HIV/AIDS, deductions for previous injuries and pre-existing conditions, no compensation for less than 6% hearing loss, employer’s responsibility to pay for hearing loss tests and reimbursement for costs of medical certificate and examination

(Division 4 of Part 3, of the 1987 Act in force prior to June 2012)

(f) Indexation of certain amounts – dealing with adjustment of amounts of benefits according to award rate of pay index, rounding off and publication of adjusted amounts

(Division 6 of Part 3, of the 1987 Act in force prior to June 2012)

(g) Payment of benefits – dealing with the manner of payment of compensation, payments to NSW Trustee for benefit of beneficiary, payment of benefits to beneficiaries, the NSW Trustee’s powers of investment and unclaimed money

(Division 7 of Part 3, of the 1987 Act)

(h) Commutation of compensation – dealing with compensation that may be commuted, medical expenses compensation not to be commuted for catastrophic injuries, preconditions to commutation, commutation by agreement, commutation when worker legally incapacitated, registration of commutation agreements, payment, other commutation agreements invalid, and commutation payment taken to be payment of compensation.

(Division 9 of Part 3, of the 1987 Act in force prior to June 2012)

(i) Common law - dealing with common law and other liability preserved and recovery against both employer and stranger

(Sections 151 and 151Z, of the 1987 Act)

(j) Schedule 6 Savings, transitional and other provisions

The 1998 Act:

Division 7 of Part 2 of Chapter 4 of the 1998 Act

(a) Medical examinations and disputes – dealing with certain provisions of Division only applying to existing claims, medical examination of workers at direction of employer, medical examination of worker at direction of Commission, assessment of medical disputes by approved medical specialists, referral of medical disputes to referee or panel on application of worker or employer, reference of medical disputes by Principal Conciliator, referral of matters to medical referee or panel for report, reimbursement of worker for loss of wages and expenses associated with medical examination, copies of certain medical reports to be supplied to worker, admissibility of medical reports, admissibility and evidentiary value of certificates and reports of medical referees and panels, the power to correct mistakes in medical reports or certificates, and the rules of Court and regulations with respect to medical evidence.

(b) No contracting out

Section 234 of the 1998 Act

Section 235 of the 1998 Act

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