ANYONE WANTING TO
DEFEND THEIR HOME FROM A BUSHFIRE THREAT
NEEDS TO KNOW THIS:
THE LAW SPECIFICALLY
ALLOWS YOU TO STAY.
Neither police nor
fire officers have a legal right to order anyone to leave a threatened or
burning premises - if they have any monetary interest in it. As well as home owners this of course
includes renters who own anything within the property. Such persons
cannot legally be forced to evacuate.
The Emergency Services Legislation 2012 and The Country Fire Authority Act
that give police & fire officers power to order
‘withdrawal’ from ‘land,
building or premises that is burning or threatened by fire’
expressly excludes
‘any person having any pecuniary interest therein or in any goods or valuables
whatsoever thereon.’
Kinglake, Black Saturday, 2009. Photo (c) Katherine Seppings
If you are ordered to leave but wish to stay,
the section of
the law to quote is
‘The Country Fire Authority Act, 18 Amendment of section 31 (4)’.
Here is the detail of that legislation:
Emergency Services Legislation Amendment Act 2012,
No. 5 of 2012, Part 2—Amendment of
Country Fire Authority Act 1958,
18 Amendment of section 31—Police to assist Chief Officer.
18 Amendment of section 31—Police to assist Chief Officer.
(3) Any member of the police force
may, of his own motion or on the direction of … any officer in charge of a
brigade—
(b) if a person is… in or on any land,
building or premises that is burning or threatened by fire—
(i) order the person to withdraw
and …to immediately leave any area affected by the fire by the safest and
shortest route; and
(ii) in the event that the person
fails or refuses to withdraw—remove the person.
(4) nothing in this section or
section 30 shall authorize the removal from any land building
