New South Wales Consolidated Acts New South Wales Consolidated Acts(cf former s 17D)
(1) Where, but for this section, a person would not be entitled to compensation under section 12 by reason only of the fact that the article destroyed, damaged or lost was not on the fire fighter at the time of the destruction, damage or loss, the fire fighter shall be entitled to that compensation if, at that time, the article was:(a) at or near the scene of the bush fire being fought by, or the associated operation or work being carried out by, that person (whether or not the article was in or on a vehicle), or(b) in or on a vehicle in the course of a relevant journey,and the Authority is of the opinion that it was necessary or reasonable for the article to be where it was at the time of the destruction, damage or loss.
(2) If the Authority is satisfied that:(a) a vehicle or other thing has been destroyed or damaged,(b) in respect of that destruction or damage, a certain amount would, but for the operation of section 13 (4), have been payable as compensation under section 12,(c) that destruction or damage resulted from the act or omission of a fire fighter but was not wilfully or maliciously caused by the fire fighter,(d) at the time of the destruction or damage the fire fighter was engaged in fighting a bush fire or in associated operations or work or was in the course of a relevant journey,(e) the fire fighter is liable for, or was liable for and has paid, damages for that destruction or damage, and(f) the fire fighter is not entitled to indemnity or adequate indemnity in respect of that liability under any policy of insurance or from any other source,compensation is payable under this Part in respect of that liability or, if the fire fighter has paid damages, to reimburse the fire fighter, such amount not exceeding that referred to in paragraph (b) as the Authority may, having regard to all the circumstances of the case, consider reasonable.
(3) Any compensation payable under subsection (2) is payable:(a) to the fire fighter concerned, or(b) if the Authority in its discretion so orders, to the person to whom the damages concerned are payable (the payment being to that extent a discharge of the liability to pay those damages).
(4) For the purposes of subsection (2), a fire fighter shall be deemed to have become liable for any damages if the fire fighter has received a demand for those damages and the Authority considers it to be reasonable and prudent for the fire fighter to have paid, or that there be paid, an amount in full or part satisfaction of that demand.