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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Emergency Management Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Hazard management agencies may be prescribed 6
5. Delegation by hazard management agency 7
6. Combat agencies and support organisations may be
prescribed 7
7. Act binds the Crown 8
8. Relationship to other Acts 8
9. Limitation on Act -- industrial disputes and civil
disturbances 8
Part 2 -- State arrangements
Division 1 -- The State Emergency Coordinator
10. State Emergency Coordinator 9
11. Functions of the State Emergency Coordinator 9
12. Delegation by State Emergency Coordinator 10
Division 2 -- The State Emergency
Management Committee
13. State Emergency Management Committee 10
14. Functions of the SEMC 11
15. Powers of the SEMC 11
16. Designation of cyclone areas 12
17. State emergency management policies 12
18. State emergency management plans 13
19. Reviewing State emergency management policies
and State emergency management plans 13
20. Directions to, and duties of, public authorities 13
013--3 page i
Emergency Management Bill 2005
Contents
21. Sub-committees 14
22. SEMC may delegate 14
23. Minister may give directions 15
24. Facilities and services for SEMC 15
25. Annual report of SEMC 16
Division 3 -- The State Emergency
Coordination Group
26. State Emergency Coordination Group 16
27. Functions of the State Emergency Coordination
Group 17
Division 4 -- Emergency management districts
28. Establishment of emergency management districts 17
29. District emergency coordinator 18
30. Functions of district emergency coordinator 18
31. District emergency management committees 18
32. Functions of district emergency management
committees 19
33. Annual report of district emergency management
committees 19
Part 3 -- Local arrangements
Division 1 -- Local emergency authorities
34. Local governments may combine 20
35. Specified public authority may exercise functions
of local government 20
36. Functions of local government 21
37. Local emergency coordinators 22
38. Local emergency management committees 22
39. Functions of local emergency management
committees 23
40. Annual report of local emergency management
committee 23
Division 2 -- Emergency management
arrangements for local governments
41. Emergency management arrangements in local
government district 24
42. Reviewing and renewing local emergency
management arrangements 25
page ii
Emergency Management Bill 2005
Contents
43. Local emergency management arrangements to be
available for inspection 25
Division 3 -- Powers of local government
during cyclone
44. Meaning of "cyclone area" 25
45. Exercise of powers under this Division 26
46. Power of local government to destroy dangerous
vegetation or premises in cyclone area 26
47. Local government may require owner or occupier
of land to take action 26
48. Additional powers when direction given 27
49. Provisions are in addition to other powers 28
Part 4 -- Hazard management
Division 1 -- Emergency situation declaration
50. Hazard management agency may make emergency
situation declaration 29
51. Duration of emergency situation declaration 30
52. Extension of emergency situation declaration 30
53. Revocation of emergency situation declaration 31
54. Notice of declaration 31
Division 2 -- Hazard management officers
55. Authorisation of hazard management officers 32
Part 5 -- State of emergency
Division 1 -- State of emergency declaration
56. Minister may make state of emergency declaration 34
57. Duration of state of emergency declaration 34
58. Extension of state of emergency declaration 35
59. Revocation of state of emergency declaration 35
60. Notice of declaration 36
Division 2 -- Authorised officers
61. Authorised officers 36
62. Identification of authorised officers 37
Division 3 -- The State Disaster Council
63. State Disaster Council 38
64. Functions of the State Disaster Council 38
page iii
Emergency Management Bill 2005
Contents
Part 6 -- Emergency powers
Division 1 -- Powers during emergency
situation or state of emergency
65. Application of this Division 40
66. Obtaining identifying particulars 40
67. Powers concerning movement and evacuation 41
68. Use of vehicles 41
69. Powers of officer to control or use property 41
70. Powers of officers in relation to persons exposed to
hazardous substances 42
71. Powers of police to direct closure of places and
concerning movement and evacuation 42
72. Exchange of information 43
Division 2 -- Further powers during state of
emergency
73. Application of this Division 45
74. Power to direct public authorities during state of
emergency 45
75. General powers during a state of emergency 46
Division 3 -- General provisions
76. General provisions regarding powers 47
77. General provisions regarding directions 48
Part 7 -- Compensation and
insurance
Division 1 -- Compensation
78. Entitlement to compensation 49
79. Applying for compensation 49
80. Lapsing of application 50
81. Notice of decision 51
82. Funding of compensation 51
Division 2 -- Review
83. Review of compensation decision 51
Division 3 -- Policies of insurance
84. Extension of policy of insurance 51
page iv
Emergency Management Bill 2005
Contents
Part 8 -- Offences
85. Obstruction of a hazard management officer or
authorised officer 53
86. Failure to comply with direction 53
87. Failure to give help 53
88. Impersonation of hazard management officer or
authorised officer 53
89. False or misleading information 54
90. False compensation claim 54
Part 9 -- Employment protection
91. Meaning of terms used in this Part 55
92. Protection of employment rights 56
93. Victimisation because of emergency management
response 56
94. Civil penalty for breach of section 93 57
Part 10 -- Miscellaneous
95. Confidentiality of information 59
96. Expenses 59
97. Bodies corporate or employers, conduct on behalf
of 59
98. Body corporate's officers, liability of 61
99. Evidentiary matters 62
100. Protection from liability 63
101. Regulations as to compensation of volunteers 64
102. Regulations 66
103. Review of Act 66
104. Consequential amendment 66
Schedule 1 -- Consequential
amendment
1. Fire Brigades Act 1942 amended 67
34A. Powers concerning persons exposed to
hazardous material 67
Defined Terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Emergency Management Bill 2005
A Bill for
An Act to provide for prompt and coordinated organisation of
emergency management in the State, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Emergency Management Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Emergency Management Act 2005.
2. Commencement
5 (1) This Act comes into operation on a day to be fixed by
proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Interpretation
10 In this Act, unless the contrary intention appears --
"authorised officer" means --
(a) the State Emergency Coordinator; and
(b) a person authorised under section 61;
"combat agency" has the meaning given by section 6(1);
15 "district emergency management committee" means a
district emergency management committee established
under section 31(1);
"emergency" means the occurrence or imminent occurrence of
a hazard which is of such a nature or magnitude that it
20 requires a significant and coordinated response;
"emergency area" means the area to which an emergency
situation declaration or a state of emergency declaration
applies;
"emergency management" means the management of the
25 adverse effects of an emergency including --
(a) prevention -- the mitigation or prevention of the
probability of the occurrence of, and the potential
adverse effects of, an emergency;
page 2
Emergency Management Bill 2005
Preliminary Part 1
s. 3
(b) preparedness -- preparation for response to an
emergency;
(c) response -- the combating of the effects of an
emergency, provision of emergency assistance for
5 casualties, reduction of further damage, and help to
speed recovery; and
(d) recovery -- the support of emergency affected
communities in the reconstruction and restoration of
physical infrastructure, the environment and
10 community, psychosocial and economic wellbeing;
"emergency management agency" means a hazard
management agency, a combat agency or a support
organisation;
"emergency management district" means an emergency
15 management district established under section 28;
"emergency situation" means an emergency situation declared
under section 50;
"emergency situation declaration" means a declaration made
under section 50;
20 "hazard" means --
(a) a cyclone, earthquake, flood, storm, tsunami or other
natural event;
(b) a fire;
(c) a road, rail or air crash;
25 (d) a plague or an epidemic;
(e) a terrorist act as defined in The Criminal Code
section 100.1 set out in the Schedule to the Criminal
Code Act 1995 of the Commonwealth;
(f) any other event, situation or condition that is capable
30 of causing or resulting in --
(i) loss of life, prejudice to the safety, or harm to
the health, of persons or animals; or
page 3
Emergency Management Bill 2005
Part 1 Preliminary
s. 3
(ii) destruction of, or damage to, property or any
part of the environment,
and is prescribed by the regulations;
"hazard management agency" has the meaning given by
5 section 4;
"hazard management officer" means a person authorised
under section 55;
"hazardous substance" means --
(a) a chemical, biological or radiological substance; or
10 (b) any other substance,
that is capable of causing loss of life, injury to a person, or
damage to the health of a person or to the environment;
"local emergency coordinator" means a local emergency
coordinator appointed under section 37;
15 "local emergency management committee" means a
committee established under section 38;
"local government district" --
(a) has the meaning given to "district" by the Local
Government Act 1995; and
20 (b) in relation to a local government, means the district
established for the local government under the Local
Government Act 1995;
"occupier" has the meaning given to that term in the Local
Government Act 1995;
25 "owner" has the meaning given to that term in the Local
Government Act 1995;
"personal details", in relation to a person, means --
(a) the person's full name;
(b) the person's date of birth;
30 (c) the address of where the person is living; and
(d) the address of where the person usually lives;
page 4
Emergency Management Bill 2005
Preliminary Part 1
s. 3
"place" includes land, area of water or premises;
"premises" includes a building or structure, or part of a
building or structure, of any type;
"property" means real or personal property of any description;
5 "public authority" means --
(a) an agency as defined in the Public Sector
Management Act 1994;
(b) a body, corporate or unincorporate, that is established
or continued for a public purpose by the State,
10 regardless of the way it is established;
(c) a local government or regional local government;
(d) the Police Force of Western Australia;
(e) a member or officer of a body referred to in
paragraph (a), (b), (c) or (d); or
15 (f) a person or body prescribed (or of a class prescribed)
by the regulations as a public authority for the
purposes of this definition;
"recovery" has the meaning given in paragraph (d) of the
definition of "emergency management";
20 "SEMC" means the State Emergency Management Committee
established under section 13;
"State Disaster Council" means the State Disaster Council
established under section 63;
"State Emergency Coordination Group" means the State
25 Emergency Coordination Group established under
section 26;
"State Emergency Coordinator" means the person holding the
office referred to in section 10;
"State emergency management plan" means a plan prepared
30 under section 18;
"State emergency management policy" means a policy
prepared under section 17;
page 5
Emergency Management Bill 2005
Part 1 Preliminary
s. 4
"state of emergency" means a state of emergency declared
under section 56;
"state of emergency declaration" means a declaration made
under section 56;
5 "support organisation" has the meaning given by section 6(3);
"vehicle" means any thing capable of transporting people or
things by road, rail or water, including a hovercraft, and it
does not matter how the thing is moved or propelled.
4. Hazard management agencies may be prescribed
10 (1) A public authority, or other person, may be prescribed by the
regulations to be a hazard management agency for emergency
management, or an emergency management aspect prescribed
by the regulations, of a hazard prescribed by the regulations.
(2) The regulations may prescribe the whole of the State, or an area
15 of the State, as the area for which the public authority or person
is a hazard management agency.
(3) A hazard management agency prescribed under subsection (1) is
to be a public authority or other person who or which, because
of that agency's functions under any written law or specialised
20 knowledge, expertise and resources, is responsible for
emergency management, or the prescribed emergency
management aspect, in the area prescribed of the hazard for
which it is prescribed.
(4) If the hazard management agency is not an individual or a body
25 corporate, the regulations are to designate --
(a) one or more persons who are authorised to act in the
name of the hazard management agency for the purposes
of sections 50 and 53; and
(b) one or more persons who are authorised to act in the
30 name of the hazard management agency for the purposes
of authorising under section 55 persons to act as hazard
management officers.
page 6
Emergency Management Bill 2005
Preliminary Part 1
s. 5
(5) In sections 50, 53 and 55 a reference to a hazard management
agency is to be taken to include a reference to a person who is
designated to act in the name of a hazard management agency
under subsection (4) for the purposes of that section.
5 5. Delegation by hazard management agency
(1) A hazard management agency, with the approval of the State
Emergency Coordinator, may delegate to an officer or employee
of the agency any power or duty of the hazard management
agency under sections 50, 53 and 55, or any of those sections.
10 (2) The delegation is to be in writing.
(3) A delegate exercising or performing a power or duty that has
been delegated under this section is to be taken to do so in
accordance with the terms of the delegation unless the contrary
is shown.
15 (4) Nothing in this section limits the ability of a hazard
management agency to act through an officer or person
representing the agency.
6. Combat agencies and support organisations may be
prescribed
20 (1) A public authority, or other person, may be prescribed by the
regulations to be a combat agency for the purposes of this Act.
(2) A combat agency prescribed under subsection (1) is to be a
public authority or other person who or which, because of the
agency's functions under any written law or specialised
25 knowledge, expertise and resources, is responsible for
performing an emergency management activity prescribed by
the regulations in relation to that agency.
(3) A public authority, or other person, may be prescribed by the
regulations to be a support organisation for the purposes of
30 this Act.
page 7
Emergency Management Bill 2005
Part 1 Preliminary
s. 7
(4) A support organisation prescribed under subsection (3) is to be a
public authority or other person who or which, because of the
agency's functions under any written law or specialised
knowledge, expertise and resources, is responsible for providing
5 support functions prescribed by the regulations in relation to
that organisation.
7. Act binds the Crown
This Act binds the Crown in right of the State and, so far as the
legislative power of the State permits, the Crown in its other
10 capacities.
8. Relationship to other Acts
(1) Where the provisions of this Act are inconsistent with the
provisions of any other Act, or of any subsidiary legislation
made under any other Act, the provisions of this Act prevail.
15 (2) This Act is in addition to, and does not derogate from, the Fuel,
Energy and Power Resources Act 1972.
(3) Subject to subsection (1), all powers given by or under this Act
are in addition to, and not in derogation from, powers
exercisable apart from this Act.
20 9. Limitation on Act -- industrial disputes and civil
disturbances
This Act does not authorise the taking of measures directed
at --
(a) ending an industrial dispute; or
25 (b) controlling a riot or other civil disturbance.
page 8
Emergency Management Bill 2005
State arrangements Part 2
The State Emergency Coordinator Division 1
s. 10
Part 2 -- State arrangements
Division 1 -- The State Emergency Coordinator
10. State Emergency Coordinator
The Commissioner of Police is to hold the office of State
5 Emergency Coordinator.
11. Functions of the State Emergency Coordinator
(1) The State Emergency Coordinator is responsible for
coordinating the response to an emergency during a state of
emergency.
10 (2) In addition to his or her other functions under this Act and any
other written law, the State Emergency Coordinator is to --
(a) provide advice to the Minister in relation to
emergencies;
(b) provide advice to the State Disaster Council during a
15 state of emergency;
(c) provide such advice and assistance to hazard
management agencies as the State Emergency
Coordinator considers appropriate; and
(d) carry out other emergency management activities as
20 directed by the Minister.
(3) Where authorised to do so under a State emergency
management plan or State emergency management policy, or
authorised to do so by the SEMC or the State Disaster Council,
the State Emergency Coordinator may --
25 (a) liaise with the Australian Government and other
persons, in or outside the State; and
(b) enter into agreements and arrangements with those
persons,
to assist the State to manage emergencies.
page 9
Emergency Management Bill 2005
Part 2 State arrangements
Division 2 The State Emergency Management Committee
s. 12
12. Delegation by State Emergency Coordinator
(1) The State Emergency Coordinator may delegate to any person
any power or duty of the State Emergency Coordinator under
another provision of this Act.
5 (2) The delegation is to be in writing signed by the State
Emergency Coordinator.
(3) A delegate exercising or performing a power or duty that has
been delegated under this section is to be taken to do so in
accordance with the terms of the delegation unless the contrary
10 is shown.
(4) Nothing in this section limits the ability of the State Emergency
Coordinator to act through an officer or a person representing
the State Emergency Coordinator.
Division 2 -- The State Emergency Management Committee
15 13. State Emergency Management Committee
(1) The State Emergency Management Committee is established.
(2) The SEMC is to consist of --
(a) a chairman appointed by the Minister;
(b) a deputy chairman appointed by the Minister;
20 (c) an executive officer of the SEMC appointed by the
Minister;
(d) a person who is representative of local government,
appointed by the Minister; and
(e) such other members as are provided for, and appointed
25 in accordance with, the regulations.
(3) The Minister is to ensure that --
(a) the chairman has expertise or experience that, in the
Minister's opinion, is relevant to the functions of the
SEMC and the State Emergency Coordination Group;
30 and
page 10
Emergency Management Bill 2005
State arrangements Part 2
The State Emergency Management Committee Division 2
s. 14
(b) each other member has expertise or experience that, in
the Minister's opinion, is relevant to the functions of the
SEMC.
(4) The regulations may make provision as to the constitution and
5 procedures of the SEMC.
(5) Subject to the regulations the SEMC may determine its own
procedures.
14. Functions of the SEMC
The SEMC has the following functions --
10 (a) to advise the Minister on emergency management and
the preparedness of the State to combat emergencies;
(b) to provide direction, advice and support to public
authorities, industry, commerce and the community in
order to plan and prepare for an efficient emergency
15 management capability for the State;
(c) to provide a forum for whole of community coordination
to ensure the minimisation of the effects of emergencies;
(d) to provide a forum for the development of community
wide information systems to improve communications
20 during emergencies;
(e) to develop and coordinate risk management strategies to
assess community vulnerability to emergencies;
(f) to perform other functions given to the SEMC under
this Act;
25 (g) to perform any other function prescribed by the
regulations for the purposes of this section.
15. Powers of the SEMC
(1) The SEMC may do all things necessary or convenient to be
done for or in connection with the performance of its functions.
page 11
Emergency Management Bill 2005
Part 2 State arrangements
Division 2 The State Emergency Management Committee
s. 16
(2) Without limiting subsection (1) and any other powers conferred
on the SEMC by this Act, the SEMC may --
(a) produce and publish information on matters related to its
functions; and
5 (b) act in conjunction with another public authority or any
other person.
16. Designation of cyclone areas
(1) The SEMC may, on the advice of the agency prescribed as the
hazard management agency for cyclones in the relevant area,
10 designate an area of the State as a cyclone area.
(2) Before designating an area under subsection (1) the SEMC is to
notify each local government in whose district any part of the
area proposed to be designated is situated and allow a
reasonable time for submissions on the proposal.
15 (3) In designating an area under subsection (1) the SEMC is to have
regard to any submissions of a local government.
(4) Notice of the designation is to be published in the Gazette.
17. State emergency management policies
(1) The SEMC is to arrange for the preparation of State emergency
20 management policies.
(2) State emergency management policies are to include provision
for --
(a) a strategic framework for emergency management in the
State;
25 (b) the roles and responsibilities of emergency management
agencies; and
(c) other matters that are prescribed by the regulations.
(3) A State emergency management policy, and any amendment to
a State emergency management policy, has effect when it is
30 approved by the SEMC.
page 12
Emergency Management Bill 2005
State arrangements Part 2
The State Emergency Management Committee Division 2
s. 18
18. State emergency management plans
(1) The SEMC is to arrange for the preparation of State emergency
management plans as the SEMC considers necessary.
(2) A State emergency management plan is to be consistent with
5 State emergency management policies.
(3) A State emergency management plan, and any amendment to a
State emergency management plan, has effect when it is
approved by the SEMC.
19. Reviewing State emergency management policies and State
10 emergency management plans
(1) The SEMC may arrange for a State emergency management
policy or a State emergency management plan to be reviewed,
amended or replaced, whenever the SEMC considers it
appropriate.
15 (2) The SEMC may arrange for a State emergency management
plan to be tested whenever the SEMC considers it appropriate.
20. Directions to, and duties of, public authorities
(1) If a public authority is given a role and responsibilities under a
State emergency management policy, the SEMC may, in
20 writing, direct the public authority, in relation to that role and
those responsibilities, to --
(a) prepare, or assist in the preparation of, a State
emergency management plan;
(b) review, or assist in the review of, a State emergency
25 management plan;
(c) amend or replace, or assist in the amendment or
replacement of, a State emergency management plan; or
(d) test, or assist in the testing of, a State emergency
management plan.
page 13
Emergency Management Bill 2005
Part 2 State arrangements
Division 2 The State Emergency Management Committee
s. 21
(2) The SEMC may issue written guidelines to help public
authorities respond to a direction under subsection (1).
(3) A public authority is to comply with a direction under
subsection (1) within the time and in the manner specified in the
5 direction.
(4) A public authority that is given a role and responsibilities under
a State emergency management policy is to comply with the
State emergency management policy.
21. Sub-committees
10 (1) The SEMC may establish such sub-committees as it thinks fit to
advise the SEMC on any aspect of its functions or to assist with
any matters relevant to the performance of its functions.
(2) A sub-committee may, but need not, consist of or include
members of the SEMC.
15 (3) The SEMC may remove a person from membership of a
sub-committee and may reconstitute or discharge a
sub-committee.
(4) The SEMC may give directions to a sub-committee with respect
to the performance of its functions and its procedures and the
20 sub-committee is to comply with any such direction.
(5) Subject to the directions of the SEMC, a sub-committee may
determine its own procedures.
22. SEMC may delegate
(1) The SEMC may delegate to a member of the SEMC, a
25 sub-committee established under section 21 or a member of
such a sub-committee any power or duty of the SEMC under
another provision of this Act.
(2) The delegation is to be in writing signed by the chairman of the
SEMC.
page 14
Emergency Management Bill 2005
State arrangements Part 2
The State Emergency Management Committee Division 2
s. 23
(3) A delegate exercising or performing a power or duty that has
been delegated under this section is to be taken to do so in
accordance with the terms of the delegation unless the contrary
is shown.
5 (4) Nothing in this section limits the ability of the SEMC to act
through an agent.
23. Minister may give directions
(1) The Minister may give directions in writing to the SEMC with
respect to the performance of its functions, either generally or in
10 relation to a particular matter, and the SEMC is to give effect to
any such direction.
(2) The text of a direction given under subsection (1) is to be
included in the annual report submitted by the SEMC under
section 25.
15 24. Facilities and services for SEMC
(1) The Minister is to ensure that the SEMC is provided with the
facilities and services that, in the opinion of the Minister, are
reasonably necessary to enable it to perform its functions.
(2) Without limiting subsection (1), the Minister may arrange with
20 the relevant employing authority (as that term is defined in the
Public Sector Management Act 1994) for the SEMC to make
use, either full-time or part-time, of the services of any officer
or employee --
(a) in the Public Service;
25 (b) in a public authority; or
(c) otherwise in the service of the State.
(3) Without limiting subsection (1), the Minister may arrange
with --
(a) a department of the Public Service; or
30 (b) a public authority,
for the SEMC to make use of any facilities or services of the
department or public authority.
page 15
Emergency Management Bill 2005
Part 2 State arrangements
Division 3 The State Emergency Coordination Group
s. 25
(4) An arrangement under subsection (2) or (3) is to be made on
terms agreed by the parties.
25. Annual report of SEMC
(1) As soon as is practicable after the end of each financial year the
5 SEMC is to prepare and submit to the Minister an annual report
on activities undertaken by it during the financial year.
(2) The Minister is to cause the report to be laid before each House
of Parliament as soon as is practicable after it is prepared.
Division 3 -- The State Emergency Coordination Group
10 26. State Emergency Coordination Group
(1) If a state of emergency is declared, a State Emergency
Coordination Group is established.
(2) If an emergency occurs or is imminent, the State Emergency
Coordinator may, on the request of the relevant hazard
15 management agency, or on his or her own initiative and in
consultation with the relevant hazard management agency,
establish a State Emergency Coordination Group.
(3) The State Emergency Coordination Group is to consist of --
(a) the State Emergency Coordinator;
20 (b) the chairman of the SEMC;
(c) the executive officer of the SEMC appointed under
section 13(2)(c);
(d) a representative of the relevant hazard management
agency;
25 (e) a person who is representative of the local governments
in the emergency area, or in the area where the
emergency is occurring or is imminent, as the case
requires, nominated by the State Emergency
Coordinator; and
page 16
Emergency Management Bill 2005
State arrangements Part 2
Emergency management districts Division 4
s. 27
(f) such other members as are, in the opinion of the State
Emergency Coordinator, necessary.
(4) The State Emergency Coordinator is the chairman of the State
Emergency Coordination Group.
5 (5) The State Emergency Coordination Group may determine its
own procedures.
(6) The State Emergency Coordination Group ceases to be
established on a day determined by the State Emergency
Coordinator.
10 27. Functions of the State Emergency Coordination Group
The State Emergency Coordination Group has the following
functions --
(a) to ensure the provision of coordinated emergency
management by public authorities and other persons;
15 (b) to provide advice and direction to public authorities and
other persons to facilitate effective emergency
management;
(c) to liaise between emergency management agencies and
the Minister.
20 Division 4 -- Emergency management districts
28. Establishment of emergency management districts
(1) For the purposes of this Act the State is divided into such
emergency management districts as the Minister, on the advice
of the SEMC, may determine by order published in the Gazette.
25 (2) So far as is practicable emergency management districts are to
be established by reference to the boundaries of local
government districts.
(3) If an emergency management district is proposed to be
established other than by reference to the boundaries of a local
30 government district, the Minister is to notify each local
page 17
Emergency Management Bill 2005
Part 2 State arrangements
Division 4 Emergency management districts
s. 29
government in whose district any part of the area proposed to be
established is situated and allow a reasonable time for
submissions on the proposal.
(4) In making an order under subsection (1) the Minister is to have
5 regard to any submissions of the local governments.
29. District emergency coordinator
The State Emergency Coordinator is to appoint a district
emergency coordinator for each emergency management
district.
10 30. Functions of district emergency coordinator
The district emergency coordinator for an emergency
management district has the following functions --
(a) to provide advice and support to the district emergency
management committee for the district in the
15 development and maintenance of emergency
management arrangements for its district;
(b) to carry out other emergency management functions in
accordance with the directions of the State Emergency
Coordinator.
20 31. District emergency management committees
(1) A district emergency management committee is established for
each emergency management district.
(2) The SEMC may invite the chairmen of the local emergency
management committees within the emergency management
25 district to submit a panel of names to the SEMC for
consideration for appointment as chairman of the district
emergency management committee.
(3) The SEMC may appoint such person as it thinks fit to be
chairman of the district emergency management committee
30 irrespective of whether the name of that person is submitted
under subsection (2).
page 18
Emergency Management Bill 2005
State arrangements Part 2
Emergency management districts Division 4
s. 32
(4) The district emergency coordinator for the emergency
management district is to be a member of the district emergency
management committee, and may be appointed as chairman of
the committee.
5 (5) Subject to this section, the constitution and procedures of a
district emergency management committee, and the terms and
conditions of appointment of members, are to be determined by
the SEMC.
32. Functions of district emergency management committees
10 (1) It is a function of a district emergency management committee
to assist in the establishment and maintenance of effective
emergency management arrangements for the district for which
it is constituted.
(2) District emergency management committees have such other
15 functions as are prescribed by the regulations.
33. Annual report of district emergency management
committees
(1) Each district emergency management committee is to prepare
and submit to the SEMC an annual report on activities
20 undertaken by it during the financial year.
(2) The annual report --
(a) is to be prepared within the time, and in the manner,
directed in writing by the SEMC; and
(b) is to include the annual report prepared under section 40
25 of each local emergency management committee within
the district.
page 19
Emergency Management Bill 2005
Part 3 Local arrangements
Division 1 Local emergency authorities
s. 34
Part 3 -- Local arrangements
Division 1 -- Local emergency authorities
34. Local governments may combine
(1) Two or more local governments may, with the approval of the
5 SEMC, agree to unite for the purposes of emergency
management under this Part.
(2) If 2 or more local governments (the "combined local
government") unite as mentioned in subsection (1), the
provisions of this Part apply as if --
10 (a) a reference to a local government were a reference to the
combined local government;
(b) a reference to the local government's district were a
reference to the districts of the combined local
government; and
15 (c) a reference to the local government's offices were a
reference to the office of each local government that is
part of the combined local government.
35. Specified public authority may exercise functions of local
government
20 (1) The SEMC, by notice published in the Gazette, may
designate --
(a) a specified area of one or more local government
districts; or
(b) a specified area that is not part of a local government
25 district,
as an area in which a specified public authority is to perform
and exercise all of the functions of a local government under
this Part.
(2) Before designating an area under subsection (1) the SEMC is to
30 notify each local government in whose district any part of the
page 20
Emergency Management Bill 2005
Local arrangements Part 3
Local emergency authorities Division 1
s. 36
area proposed to be designated is situated of what is proposed to
be done and allow a reasonable time for submissions on the
proposal.
(3) In designating an area under subsection (1) the SEMC is to have
5 regard to any submissions of the local government.
(4) A local government is not to perform or exercise functions
under this Part in relation to an area within its district that is
designated under subsection (1)(a) unless the local government
is requested to do so by the public authority specified under
10 subsection (1) in relation to that area.
(5) If a notice is published under subsection (1), section 16(2) and
this Part apply as if --
(a) a reference to a local government were a reference to the
public authority specified in the notice; and
15 (b) a reference to a local government district, in relation to
the public authority specified in the notice, were a
reference to the area designated in the notice.
(6) In subsection (1) --
"specified" means specified in a notice published under that
20 subsection.
36. Functions of local government
It is a function of a local government --
(a) subject to this Act, to ensure that effective local
emergency management arrangements are prepared and
25 maintained for its district;
(b) to manage recovery following an emergency affecting
the community in its district; and
(c) to perform other functions given to the local government
under this Act.
page 21
Emergency Management Bill 2005
Part 3 Local arrangements
Division 1 Local emergency authorities
s. 37
37. Local emergency coordinators
(1) The State Emergency Coordinator is to appoint a local
emergency coordinator for each local government district.
(2) Before appointing a local emergency coordinator for a local
5 government district the State Emergency Coordinator is to
consult the relevant local government.
(3) In making an appointment the State Emergency Coordinator is
to have regard to any submissions of the local government.
(4) The local emergency coordinator for a local government district
10 has the following functions --
(a) to provide advice and support to the local emergency
management committee for the district in the
development and maintenance of emergency
management arrangements for the district;
15 (b) to assist hazard management agencies in the provision of
a coordinated response during an emergency in the
district;
(c) to carry out other emergency management activities in
accordance with the directions of the State Emergency
20 Coordinator.
38. Local emergency management committees
(1) A local government is to establish one or more local emergency
management committees for the local government's district.
(2) If more than one local emergency management committee is
25 established, the local government is to specify the area in
respect of which the committee is to exercise its functions.
(3) A local emergency management committee consists of --
(a) a chairman and other members appointed by the relevant
local government in accordance with subsection (4); and
page 22
Emergency Management Bill 2005
Local arrangements Part 3
Local emergency authorities Division 1
s. 39
(b) if the local emergency coordinator is not appointed as
chairman of the committee, the local emergency
coordinator for the local government district.
(4) Subject to this section, the constitution and procedures of a local
5 emergency management committee, and the terms and
conditions of appointment of members, are to be determined by
the SEMC.
39. Functions of local emergency management committees
The functions of a local emergency management committee are,
10 in relation to its district or the area for which it is established --
(a) to advise and assist the local government in ensuring
that local emergency management arrangements are
established for its district;
(b) to liaise with public authorities and other persons in the
15 development, review and testing of local emergency
management arrangements; and
(c) to carry out other emergency management activities as
directed by the SEMC or prescribed by the regulations.
40. Annual report of local emergency management committee
20 (1) After the end of each financial year each local emergency
management committee is to prepare and submit to the district
emergency management committee for the district an annual
report on activities undertaken by it during the financial year.
(2) The annual report is to be prepared within such reasonable time,
25 and in the manner, as is directed in writing by the SEMC.
page 23
Emergency Management Bill 2005
Part 3 Local arrangements
Division 2 Emergency management arrangements for local governments
s. 41
Division 2 -- Emergency management arrangements for
local governments
41. Emergency management arrangements in local government
district
5 (1) A local government is to ensure that arrangements ("local
emergency management arrangements") for emergency
management in the local government's district are prepared.
(2) The local emergency management arrangements are to set
out --
10 (a) the local government's policies for emergency
management;
(b) the roles and responsibilities of public authorities and
other persons involved in emergency management in the
local government district;
15 (c) provisions about the coordination of emergency
operations and activities relating to emergency
management performed by the persons mentioned in
paragraph (b);
(d) a description of emergencies that are likely to occur in
20 the local government district;
(e) strategies and priorities for emergency management in
the local government district;
(f) other matters about emergency management in the local
government district prescribed by the regulations; and
25 (g) other matters about emergency management in the local
government district the local government considers
appropriate.
(3) Local emergency management arrangements are to be consistent
with the State emergency management policies and State
30 emergency management plans.
page 24
Emergency Management Bill 2005
Local arrangements Part 3
Powers of local government during cyclone Division 3
s. 42
(4) Local emergency management arrangements are to include a
recovery plan and the nomination of a local recovery
coordinator.
(5) A local government is to deliver a copy of its local emergency
5 management arrangements, and any amendment to the
arrangements, to the SEMC as soon as is practicable after they
are prepared.
42. Reviewing and renewing local emergency management
arrangements
10 (1) A local government is to ensure that its local emergency
management arrangements are reviewed in accordance with the
procedures established by the SEMC.
(2) Local emergency management arrangements may be amended
or replaced whenever the local government considers it
15 appropriate.
43. Local emergency management arrangements to be available
for inspection
(1) A local government is to keep a copy of its local emergency
management arrangements at the offices of the local
20 government.
(2) The arrangements are to be available for inspection, free of
charge, by members of the public during office hours.
(3) The arrangements may be made available in written or
electronic form.
25 Division 3 -- Powers of local government during cyclone
44. Meaning of "cyclone area"
In this Division --
"cyclone area" means a cyclone area designated under
section 16.
page 25
Emergency Management Bill 2005
Part 3 Local arrangements
Division 3 Powers of local government during cyclone
s. 45
45. Exercise of powers under this Division
The powers given to a local government by this Division can
only be exercised on behalf of the local government by a person
expressly authorised by it to exercise those powers.
5 46. Power of local government to destroy dangerous vegetation
or premises in cyclone area
If a local government is of the opinion that any vegetation or
premises on land in a cyclone area in the district of the local
government may, as a result of the cyclonic activity --
10 (a) cause loss of life, prejudice to the safety, or harm to the
health, of persons or animals; or
(b) destroy or damage property or any part of the
environment,
the local government may remove or destroy the vegetation or
15 remove, dismantle or destroy the premises.
47. Local government may require owner or occupier of land to
take action
(1) If a local government is of the opinion that any vegetation or
premises on land in a cyclone area in the district of the local
20 government may, as a result of the cyclonic activity --
(a) cause loss of life, prejudice to the safety, or harm to the
health, of persons or animals; or
(b) destroy or damage property or any part of the
environment,
25 the local government may give a person who is the owner or the
occupier of the land a direction in writing requiring the person
to take measures specified in the direction to prevent or
minimise the loss, prejudice, harm, destruction or damage.
(2) A person who is given a direction under subsection (1) is not
30 prevented from complying with it because of the terms on
which the land is held.
page 26
Emergency Management Bill 2005
Local arrangements Part 3
Powers of local government during cyclone Division 3
s. 48
48. Additional powers when direction given
(1) This section applies when a direction is given under section 47.
(2) If the person who is given the direction (the "direction
recipient") fails to comply with it, the local government may do
5 anything that it considers necessary to achieve, so far as is
practicable, the purpose for which the direction was given.
(3) The local government may recover the cost of anything it does
under subsection (2) as a debt due from the person who failed to
comply with the notice.
10 (4) If a direction recipient --
(a) incurs expense in complying with the direction; or
(b) fails to comply with such a direction and, as a
consequence, is convicted and fined or has to pay to a
local government the cost it incurs in doing anything
15 under subsection (2),
the direction recipient may apply to a court for an order under
subsection (6).
(5) In subsection (4) --
"court" means a court that would have jurisdiction to hear an
20 action to recover a debt of the amount of the expense, fine
or cost sought to be recovered by the direction recipient.
(6) On an application under subsection (4) the court may order --
(a) if the direction recipient is the owner, the occupier; or
(b) if the direction recipient is the occupier, the owner,
25 to pay to the direction recipient so much of that expense, fine or
cost as the court considers fair and reasonable in the
circumstances.
(7) In determining what is fair and reasonable the court is to have
regard to --
30 (a) the type of land involved;
page 27
Emergency Management Bill 2005
Part 3 Local arrangements
Division 3 Powers of local government during cyclone
s. 49
(b) the terms on which the occupier is occupying the land;
and
(c) any other matter the court considers to be relevant.
49. Provisions are in addition to other powers
5 This Division is in addition to, and does not derogate from, the
powers of a local government under the Local Government
Act 1995 Part 3 Division 3.
page 28
Emergency Management Bill 2005
Hazard management Part 4
Emergency situation declaration Division 1
s. 50
Part 4 -- Hazard management
Division 1 -- Emergency situation declaration
50. Hazard management agency may make emergency situation
declaration
5 (1) A hazard management agency may, in writing, declare that an
emergency situation exists in an area of the State in respect of a
hazard of which it is the hazard management agency for
emergency management.
(2) The hazard management agency must not make the declaration
10 unless it is satisfied that --
(a) an emergency has occurred, is occurring or is imminent
in that area of the State; and
(b) there is a need to exercise powers under Part 6 to
prevent or minimise --
15 (i) loss of life, prejudice to the safety, or harm to the
health, of persons or animals;
(ii) destruction of, or damage to, property; or
(iii) destruction of, or damage to, any part of the
environment.
20 (3) An emergency situation declaration is to include --
(a) the time when, and date on which, the declaration is
made; and
(b) the area of the State to which it applies.
(4) Before making a declaration under this section the hazard
25 management agency is to take reasonable steps to undertake
consultation in accordance with State emergency management
policies.
(5) The hazard management agency must notify the State
Emergency Coordinator, and each district emergency
30 coordinator and local emergency coordinator for a local
page 29
Emergency Management Bill 2005
Part 4 Hazard management
Division 1 Emergency situation declaration
s. 51
government district to which the emergency situation
declaration applies, as soon as practicable after the declaration
is made.
(6) A failure to consult under subsection (4) or notify under
5 subsection (5) does not affect the validity of the declaration.
(7) The making of an emergency situation declaration does not
prevent the making of further emergency situation declarations
in relation to the same or a different emergency.
51. Duration of emergency situation declaration
10 An emergency situation declaration --
(a) has effect on and from the time it is made, or such later
time as is specified in the declaration; and
(b) if it is not extended by the State Emergency Coordinator
under section 52, or sooner revoked under section 53,
15 remains in force for 3 days after the time it first has
effect.
52. Extension of emergency situation declaration
(1) The State Emergency Coordinator may, in writing, by
declaration extend, or from time to time further extend, the
20 duration of an emergency situation declaration.
(2) The declaration may limit the powers that may be exercised
during the period by which the duration is extended.
(3) A declaration extending, or further extending, the duration of an
emergency situation declaration --
25 (a) is to include the time when, and date on which, the
declaration is made;
(b) is to state the period by which the duration of the
emergency situation declaration is extended; and
(c) remains in force until the end of the period stated under
30 paragraph (b) unless the emergency situation declaration
is sooner revoked under section 53.
page 30
Emergency Management Bill 2005
Hazard management Part 4
Emergency situation declaration Division 1
s. 53
(4) The period by which the duration of an emergency situation
declaration is extended --
(a) unless paragraph (b) applies, must not exceed 7 days; or
(b) if the only powers that may be exercised during the
5 period are any or all of the powers under section 69 in
relation to a place or the powers under section 72, may
be for such period as the State Emergency Coordinator
considers necessary.
(5) A declaration extending the duration of an emergency situation
10 declaration has effect on and from the time it is made.
53. Revocation of emergency situation declaration
(1) As soon as a hazard management agency is satisfied that it is no
longer necessary for the powers under Part 6 to be exercised in
relation to an emergency situation it has declared to exist, the
15 hazard management agency is to revoke the emergency situation
declaration.
(2) The revocation is to be made by declaration in writing and is to
include the time when, and date on which, it is made.
(3) The revocation declaration has effect on and from the time it is
20 made, or such later time as is specified in the revocation
declaration.
(4) Despite any other written law, the revocation of an emergency
situation declaration does not affect --
(a) any penalty or punishment incurred, imposed, or liable
25 to be incurred or imposed, before the revocation; or
(b) any investigation or legal proceedings in respect of such
a penalty or punishment.
54. Notice of declaration
(1) Notice of a declaration made under section 50, 52 or 53 is to
30 be --
(a) published for general information as soon as is
practicable after the declaration is made in any manner
page 31
Emergency Management Bill 2005
Part 4 Hazard management
Division 2 Hazard management officers
s. 55
that the hazard management agency or State Emergency
Coordinator, as the case requires, considers to be
appropriate having regard to the circumstances and what
is practicable; and
5 (b) published in the Gazette as soon as is practicable after
the declaration is made.
(2) A failure to publish notice of the declaration does not affect the
validity of the declaration.
Division 2 -- Hazard management officers
10 55. Authorisation of hazard management officers
(1) A hazard management agency may authorise officers or
employees of the hazard management agency, or other persons,
to act as hazard management officers during an emergency
situation declared by that hazard management agency.
15 (2) An authorisation under subsection (1) is to specify --
(a) whether it applies to any emergency situation declared
by the hazard management agency or whether it is
limited to a particular emergency situation declared by
the hazard management agency;
20 (b) the particular, or the particular class of, employee,
officer or person to whom it applies; and
(c) the terms and conditions on which it is given.
(3) An authorisation under subsection (1) may be given orally or in
writing but if given orally is to be put in writing as soon as is
25 practicable.
(4) A failure to put an authorisation in writing under subsection (3)
does not invalidate the authorisation or anything done under the
authorisation.
(5) A hazard management officer may exercise a power under
30 Part 6 only subject to the terms and conditions on which the
person is authorised under this section.
page 32
Emergency Management Bill 2005
Hazard management Part 4
Hazard management officers Division 2
s. 55
(6) A hazard management officer is to comply with the directions
of the relevant hazard management agency when exercising a
power under Part 6.
page 33
Emergency Management Bill 2005
Part 5 State of emergency
Division 1 State of emergency declaration
s. 56
Part 5 -- State of emergency
Division 1 -- State of emergency declaration
56. Minister may make state of emergency declaration
(1) The Minister may, in writing, declare that a state of emergency
5 exists in the whole or in any area or areas of the State.
(2) The Minister must not make a declaration under this section
unless the Minister --
(a) has considered the advice of the State Emergency
Coordinator;
10 (b) is satisfied that an emergency has occurred, is occurring
or is imminent; and
(c) is satisfied that extraordinary measures are required to
prevent or minimise --
(i) loss of life, prejudice to the safety, or harm to the
15 health, of persons or animals;
(ii) destruction of, or damage to, property; or
(iii) destruction of, or damage to, any part of the
environment.
(3) A declaration under this section is to include --
20 (a) the time when, and date on which, the declaration is
made; and
(b) the area of the State to which it applies.
(4) The making of a state of emergency declaration does not
prevent the making of further state of emergency declarations in
25 relation to the same or a different emergency.
57. Duration of state of emergency declaration
A state of emergency declaration --
(a) has effect on and from the time it is made, or such later
time as is specified in the declaration; and
page 34
Emergency Management Bill 2005
State of emergency Part 5
State of emergency declaration Division 1
s. 58
(b) if it is not extended by the Minister under section 58, or
sooner revoked under section 59, remains in force for
3 days after the time it first has effect.
58. Extension of state of emergency declaration
5 (1) The Minister may by declaration in writing extend, or from time
to time further extend, the duration of a declaration made under
section 56.
(2) The declaration may limit the powers that may be exercised
during the period by which the duration is extended.
10 (3) A declaration extending, or further extending, the duration of a
state of emergency declaration --
(a) is to state the period by which the duration of the state of
emergency declaration is extended; and
(b) remains in force until the end of the period stated under
15 paragraph (a) unless the state of emergency declaration
is sooner revoked under section 59.
(4) The period by which the duration of a state of emergency
declaration is extended --
(a) unless paragraph (b) applies, must not exceed 14 days;
20 or
(b) if the only powers that may be exercised during the
period are any or all of the powers under section 69 in
relation to a place or the powers under section 72, may
be for such period as the Minister considers necessary.
25 (5) A declaration extending the duration of a state of emergency
declaration has effect on and from the time it is made.
59. Revocation of state of emergency declaration
(1) The Minister may revoke a state of emergency declaration at
any time.
30 (2) The revocation is to be made by declaration in writing and is to
include the time when, and date on which, it is made.
page 35
Emergency Management Bill 2005
Part 5 State of emergency
Division 2 Authorised officers
s. 60
(3) The revocation declaration has effect on and from the time it is
made, or such later time as is specified in the revocation
declaration.
(4) Despite any other written law, the revocation of a state of
5 emergency declaration does not affect --
(a) any penalty or punishment incurred, imposed, or liable
to be incurred or imposed, before the revocation; or
(b) any investigation or legal proceedings in respect of such
a penalty or punishment.
10 60. Notice of declaration
(1) A declaration made under section 56, 58 or 59 is to be --
(a) published for general information as soon as is
practicable after the declaration is made in any manner
that the Minister considers to be appropriate having
15 regard to the circumstances and what is practicable; and
(b) published in the Gazette as soon as is practicable after
the declaration is made.
(2) A failure to publish notice of the declaration does not affect the
validity of the declaration.
20 Division 2 -- Authorised officers
61. Authorised officers
(1) The State Emergency Coordinator may authorise persons to act
as authorised officers during a state of emergency.
(2) An authorisation under subsection (1) is to specify --
25 (a) whether it applies to any state of emergency or is limited
to a particular state of emergency;
(b) the particular, or a particular class of, person to whom it
applies; and
(c) the terms and conditions on which it is given.
page 36
Emergency Management Bill 2005
State of emergency Part 5
Authorised officers Division 2
s. 62
(3) An authorisation under subsection (1) may be given orally or in
writing but if given orally is to be put in writing as soon as is
practicable.
(4) A failure to put an authorisation in writing under subsection (3)
5 does not invalidate the authorisation or anything done under the
authorisation.
(5) An authorised officer may exercise a power under Part 6 only
subject to the terms and conditions on which the person is
authorised under this section.
10 (6) An authorised officer is to comply with directions of the State
Emergency Coordinator when exercising a power under Part 6.
62. Identification of authorised officers
(1) The State Emergency Coordinator may issue an identification
card to an authorised officer --
15 (a) containing the individual's name and a photograph or
digital image of the person; and
(b) stating that the person is an authorised officer for the
purposes of this Act.
(2) An authorised officer should --
20 (a) carry his or her identification card while performing
functions under this Act; and
(b) if it is practicable to do so, produce it before exercising a
power of an authorised officer under this Act.
(3) An authorised officer who has been issued with an identification
25 card and who ceases to be an authorised officer is to return the
identification card to the State Emergency Coordinator or a
person nominated by the State Emergency Coordinator as soon
as is practicable.
(4) A person who contravenes subsection (3) without reasonable
30 excuse, the onus of proving which is on the person, commits an
offence.
Penalty: a fine of $1 000.
page 37
Emergency Management Bill 2005
Part 5 State of emergency
Division 3 The State Disaster Council
s. 63
Division 3 -- The State Disaster Council
63. State Disaster Council
(1) If a state of emergency is declared, a State Disaster Council is
established.
5 (2) The Premier is to be the chairman of the State Disaster Council.
(3) The Minister is to be the deputy chairman of the State Disaster
Council.
(4) If the chairman is not present at any meeting of the State
Disaster Council the deputy chairman is to act as chairman and
10 while so acting has the functions of chairman.
(5) The State Disaster Council is to include --
(a) the State Emergency Coordinator; and
(b) such other members as are appointed by the chairman.
(6) The chairman may give directions as to the procedure of the
15 State Disaster Council.
(7) Subject to this section and the directions of the chairman the
State Disaster Council may determine its own procedures.
(8) The State Disaster Council ceases to be established on a day
determined by its chairman.
20 64. Functions of the State Disaster Council
The functions of the State Disaster Council are --
(a) to liaise with the State Government and the State
Emergency Coordination Group in relation to the state
of emergency;
25 (b) to provide prompt and accurate advice to the
Government and the State Emergency Coordination
Group in relation to the state of emergency;
page 38
Emergency Management Bill 2005
State of emergency Part 5
The State Disaster Council Division 3
s. 64
(c) to provide support for the Government and the State
Emergency Coordination Group in relation to the state
of emergency;
(d) to liaise with the Australian Government as required;
5 and
(e) to perform any other functions as directed by the
Premier.
page 39
Emergency Management Bill 2005
Part 6 Emergency powers
Division 1 Powers during emergency situation or state of emergency
s. 65
Part 6 -- Emergency powers
Division 1 -- Powers during emergency situation or
state of emergency
65. Application of this Division
5 Subject to any limitation in a declaration under section 52 or 58,
this Division applies if an emergency situation declaration or
state of emergency declaration is in force.
66. Obtaining identifying particulars
(1) The office of hazard management officer is prescribed for the
10 purposes of the Criminal Investigation (Identifying People)
Act 2002 and any holder of that office may exercise the powers
in Part 3 of that Act in relation to an offence or suspected
offence under this Act during an emergency situation.
(2) The office of authorised officer is prescribed for the purposes of
15 the Criminal Investigation (Identifying People) Act 2002 and
any holder of that office may exercise the powers in Part 3 of
that Act in relation to an offence or suspected offence under this
Act during a state of emergency.
(3) Without limiting subsections (1) and (2), a hazard management
20 officer or authorised officer may, where reasonably required for
the purposes of emergency management during an emergency
situation or state of emergency, request a person to give the
officer any or all of the person's personal details.
(4) If an officer reasonably suspects that a personal detail given by
25 a person in response to a request under subsection (3) is false,
the officer may request the person to produce evidence of the
correctness of the detail.
page 40
Emergency Management Bill 2005
Emergency powers Part 6
Powers during emergency situation or state of emergency Division 1
s. 67
67. Powers concerning movement and evacuation
For the purpose of emergency management during an
emergency situation or state of emergency, a hazard
management officer or authorised officer may do all or any of
5 the following --
(a) direct or, by direction, prohibit, the movement of
persons, animals and vehicles within, into, out of or
around an emergency area or any part of the emergency
area;
10 (b) direct the evacuation and removal of persons or animals
from the emergency area or any part of the emergency
area;
(c) close any road, access route or area of water in or
leading to the emergency area.
15 68. Use of vehicles
For the purposes of emergency management during an
emergency situation or state of emergency, a hazard
management officer or authorised officer may use a vehicle in
any place and in any circumstance despite any provision of the
20 Road Traffic Act 1974 that requires a permit for the use of that
vehicle or for the use of that vehicle in that place or in that
circumstance.
69. Powers of officer to control or use property
(1) For the purposes of emergency management during an
25 emergency situation or state of emergency, a hazard
management officer or authorised officer may take control of or
make use of any place, vehicle or other thing.
(2) The place, vehicle or other thing may be in, or outside, the
emergency area.
page 41
Emergency Management Bill 2005
Part 6 Emergency powers
Division 1 Powers during emergency situation or state of emergency
s. 70
70. Powers of officers in relation to persons exposed to
hazardous substances
(1) During an emergency situation or state of emergency, for a
purpose mentioned in subsection (2), a hazard management
5 officer or authorised officer may direct any person who has
been exposed to a hazardous substance to do all or any of the
following --
(a) to remain in an area specified by the officer for such
period as is specified by the officer;
10 (b) to remain quarantined from other persons for such
period, and in such reasonable manner, as is specified by
the officer;
(c) to submit to decontamination procedures within such
reasonable period, and in such reasonable manner, as is
15 specified by the officer.
(2) A direction may be given under subsection (1) for the purpose
of --
(a) ensuring that the hazardous substance is contained; or
(b) ensuring that the person to whom the direction is given
20 does not pose a serious risk to the life or health of others
or to the environment because of the hazardous
substance involved.
(3) The period specified under subsection (1)(a) or (b) must not be
more than 24 hours unless the State Emergency Coordinator has
25 given authorisation for a longer period to be specified in relation
to the person exposed to the hazardous substance.
71. Powers of police to direct closure of places and concerning
movement and evacuation
(1) For the purpose of emergency management during an
30 emergency situation or state of emergency, the most senior
police officer present in the emergency area may direct the
owner, occupier or the person apparently in charge of any place
of business, worship or entertainment in the emergency area to
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Emergency Management Bill 2005
Emergency powers Part 6
Powers during emergency situation or state of emergency Division 1
s. 72
close that place to the public for the period specified in the
direction.
(2) Subject to subsection (3), during an emergency situation or state
of emergency the most senior police officer present in the
5 emergency area may exercise any of the powers of a hazard
management officer under section 67 or an authorised officer
under section 75(1)(i), as the case requires.
(3) A police officer is not to exercise a power under subsection (2)
in a manner that is contrary to or in conflict with --
10 (a) a direction given to the police officer by the hazard
management agency that made the emergency situation
declaration or by the State Emergency Coordinator, as
the case requires; or
(b) the exercise of a power by a hazard management officer
15 under section 67 or an authorised officer under
section 75(1)(i), as the case requires.
(4) When exercising powers under this section a police officer has
all the immunities of a hazard management officer or authorised
officer.
20 72. Exchange of information
(1) In this section --
"relevant information" means --
(a) the personal details of a person;
(b) information about the whereabouts of a person;
25 (c) information about the state of health of a person;
(d) information of a kind prescribed by the regulations;
"welfare services" means the provision of the following for
persons affected by an emergency --
(a) accommodation;
30 (b) catering;
(c) clothing and personal requisites;
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Emergency Management Bill 2005
Part 6 Emergency powers
Division 1 Powers during emergency situation or state of emergency
s. 72
(d) registration and inquiry services for the purpose of
enabling individuals to be traced, families to be
reunited and inquiries answered;
(e) financial assistance.
5 (2) During an emergency situation or state of emergency, for the
purposes of emergency management --
(a) a hazard management officer or an authorised officer
may disclose relevant information --
(i) to an emergency management agency; and
10 (ii) if the regulations so provide, to a person or entity
engaged by an emergency management agency
to provide welfare services, in accordance with
those regulations;
and
15 (b) if the regulations so provide, an agency, person or entity
to whom relevant information is disclosed under
paragraph (a) may further disclose the information in
accordance with those regulations.
(3) During an emergency situation or state of emergency, for the
20 purposes of emergency management, a hazard management
officer or an authorised officer may request an emergency
management agency that holds relevant information to disclose
the information to the hazard management officer or authorised
officer.
25 (4) An emergency management agency may comply with a request
under subsection (3) despite any law of this State relating to
secrecy or confidentiality.
(5) If information is disclosed, in good faith, under subsection (2)
or in compliance with a request under subsection (3) --
30 (a) no civil or criminal liability is incurred in respect of the
disclosure;
(b) the disclosure is not to be regarded as a breach of any
duty of confidentiality or secrecy imposed by law; and
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Emergency Management Bill 2005
Emergency powers Part 6
Further powers during state of emergency Division 2
s. 73
(c) the disclosure is not to be regarded as a breach of
professional ethics or standards or as unprofessional
conduct.
(6) The SEMC must establish procedures for the disclosure of
5 information under subsection (2)(a)(i).
(7) The regulations may include provisions about --
(a) the circumstances in which information may be
disclosed under this section;
(b) the agencies, persons and entities to whom information
10 may be disclosed under this section;
(c) the conditions subject to which information may be
disclosed under this section;
(d) the receipt and storage of information disclosed under
this section; and
15 (e) the restriction of access to such information.
Division 2 -- Further powers during state of emergency
73. Application of this Division
Subject to any limitation in a declaration under section 58, this
Division applies if a state of emergency declaration is in force.
20 74. Power to direct public authorities during state of emergency
(1) During a state of emergency the State Emergency Coordinator is
responsible for coordinating such activities of public authorities
as the State Emergency Coordinator considers necessary or
desirable for responding to the emergency.
25 (2) For that purpose the State Emergency Coordinator may --
(a) direct any public authority to do or refrain from doing
any act, or to perform or refrain from performing any
function; and
(b) appoint an officer of a public authority to have overall
30 control of particular activities carried out by public
page 45
Emergency Management Bill 2005
Part 6 Emergency powers
Division 2 Further powers during state of emergency
s. 75
authorities in response to the emergency where a
number of public authorities are involved.
(3) If a direction is given to a public authority under
subsection (2)(a) --
5 (a) the public authority is to comply with the direction
within the time and in the manner, if any, specified in
the direction; and
(b) the direction prevails to the extent of any inconsistency
with any written law or other law.
10 75. General powers during a state of emergency
(1) During a state of emergency, for the purpose of emergency
management, an authorised officer may --
(a) enter or, if necessary, break into and enter, a place or
vehicle in the emergency area;
15 (b) search any place or vehicle and anything found in or on
the place or vehicle;
(c) take into a place in the emergency area the equipment,
persons or materials the authorised officer reasonably
requires for exercising a power under this Division;
20 (d) contain an animal or substance in the emergency area;
(e) remove or destroy an animal, vegetation or substance in
the emergency area;
(f) remove, dismantle, demolish or destroy a vehicle, or any
premises, in the emergency area;
25 (g) disconnect or shut off any electricity, gas, water or fuel
supply, or any drainage facility, or any other service, in
the emergency area;
(h) take and use fuel, gas, electricity or water in the
emergency area;
30 (i) direct the owner or occupier or the person apparently in
charge of any place of business, worship or
page 46
Emergency Management Bill 2005
Emergency powers Part 6
General provisions Division 3
s. 76
entertainment in the emergency area to close that place
to the public for the period specified in the direction;
(j) turn off, disconnect or shut down any motor or
equipment in the emergency area;
5 (k) open a container or other thing, or dismantle equipment,
in the emergency area;
(l) excavate land or form tunnels in the emergency area;
(m) build earthworks or temporary structures, or erect
barriers, in the emergency area;
10 (n) remove to such place as the authorised officer thinks
proper any person who obstructs or threatens to obstruct
emergency management activities; and
(o) require a person to give the authorised officer reasonable
help to exercise the authorised officer's powers under
15 this Division.
(2) An authorised officer may enter a place or vehicle in the
emergency area without a warrant or the consent of the occupier
of the place or the owner of the vehicle.
Division 3 -- General provisions
20 76. General provisions regarding powers
(1) In this section --
"officer" means a hazard management officer, authorised
officer or police officer.
(2) If a person does not comply with a direction under this Part, an
25 officer may do all such things as are reasonably necessary to
ensure compliance with the direction, using such force as is
reasonable in the circumstances.
(3) An officer may exercise a power under this Part with the help,
and using the force, that is reasonable in the circumstances.
page 47
Emergency Management Bill 2005
Part 6 Emergency powers
Division 3 General provisions
s. 77
(4) The powers of an officer under this Part are in addition to, and
not in derogation from, the powers the person may have under
another written law or other law.
77. General provisions regarding directions
5 (1) A direction may be given under this Part orally or in writing.
(2) A direction given orally is to be confirmed in writing within
2 working days after it is given, unless within that period it is
complied with or cancelled.
(3) Failure to comply with subsection (2) does not invalidate the
10 direction.
page 48
Emergency Management Bill 2005
Compensation and insurance Part 7
Compensation Division 1
s. 78
Part 7 -- Compensation and insurance
Division 1 -- Compensation
78. Entitlement to compensation
(1) Subject to this Division, a person who suffers loss or damage
5 because of the exercise, or purported exercise, of a power under
section 46, 47, 48, 69 or 75(1)(f) is entitled to be paid just and
reasonable compensation for the loss or damage.
(2) Compensation is not payable to the person for loss or damage to
the extent that --
10 (a) an amount for the loss or damage is recovered or
recoverable by the person under a policy of insurance;
or
(b) the conduct of the person contributed to the loss or
damage.
15 (3) Compensation is not payable to the person for loss or damage if
the loss or damage would have happened in any event
irrespective of the exercise, or purported exercise, of the power.
79. Applying for compensation
(1) A person who suffers loss or damage because of the exercise, or
20 purported exercise, of a power under section 46, 47, 48, 69
or 75(1)(f) may apply to the Minister for compensation for the
loss or damage.
(2) The application is to be made in writing within 90 days after the
person suffers the loss or damage.
25 (3) The application is to --
(a) state details of the person's loss or damage;
(b) state the amount of compensation claimed and the
grounds for the amount claimed; and
page 49
Emergency Management Bill 2005
Part 7 Compensation and insurance
Division 1 Compensation
s. 80
(c) be accompanied by such further information as is
prescribed by the regulations.
(4) The applicant is to provide any other relevant information
required by notice given under section 80 to decide the
5 application.
(5) Despite subsection (2), the Minister may accept a person's
application for compensation made more than 90 days after the
person suffers the loss or damage if the Minister is satisfied that
it would be reasonable in all the circumstances to accept the
10 application.
80. Lapsing of application
(1) If an application for compensation is made under this Division,
the Minister may direct the applicant to provide information to
decide the application by giving the applicant a notice stating --
15 (a) the required information;
(b) the time by which the information is to be given to the
Minister; and
(c) that, if the information is not given to the Minister by
the stated time, the application will lapse.
20 (2) The stated time is to be reasonable and, in any case, at least
21 days after the notice is given.
(3) The Minister may give the applicant a further notice extending
or further extending the time if the Minister is satisfied that it
would be reasonable in all the circumstances to give the
25 extension.
(4) A notice may be given under subsection (3) even if the time to
which it relates has lapsed.
(5) If the applicant does not comply with the requirement within the
stated time or any extension, the application lapses.
30 (6) In this section --
"information" includes a record relating to information.
page 50
Emergency Management Bill 2005
Compensation and insurance Part 7
Review Division 2
s. 81
81. Notice of decision
As soon as is practicable after deciding the application the
Minister is to give the applicant a written notice stating --
(a) the decision and the reasons for it;
5 (b) if the Minister decides to pay compensation --
(i) details of the amount and how the amount was
assessed; and
(ii) if the amount is less than the amount claimed --
that the applicant may apply for a review of the
10 decision, and how the applicant may apply for
the review;
(c) if the Minister decides not to pay compensation -- that
the applicant may apply for a review of the decision, and
how the applicant may apply for the review.
15 82. Funding of compensation
The Consolidated Fund is charged with the payment of any
compensation payable under this Part and any expenses incurred
in the administration of this Part, and is appropriated
accordingly.
20 Division 2 -- Review
83. Review of compensation decision
An applicant who is dissatisfied with a decision of the Minister
to refuse to pay compensation or about the amount of
compensation may apply to the State Administrative Tribunal
25 for a review of the decision.
Division 3 -- Policies of insurance
84. Extension of policy of insurance
(1) This section applies to a policy of insurance for damage to
property if --
30 (a) damage is caused to the property because of the exercise
of a power, or performance of a function, under this Act
page 51
Emergency Management Bill 2005
Part 7 Compensation and insurance
Division 3 Policies of insurance
s. 84
by a person, in good faith, in relation to an emergency;
and
(b) the power is exercised, or the function is performed, for
the purpose of protecting --
5 (i) the property from damage; or
(ii) a person or an animal from death or injury.
(2) For the purposes of the policy of insurance, the damage is, by
the operation of this section, to be taken to be damage caused by
the happening of an event for which the policy provides
10 insurance cover.
(3) A term of a policy of insurance that purports to vary or exclude
the operation of subsection (2) is void.
page 52
Emergency Management Bill 2005
Offences Part 8
s. 85
Part 8 -- Offences
85. Obstruction of a hazard management officer or authorised
officer
A person must not obstruct or hinder a hazard management
5 officer or an authorised officer in the exercise of a power under
this Act.
Penalty: a fine of $50 000.
86. Failure to comply with direction
(1) A person given a direction under section 47, 67, 70, 71 or 75
10 must comply with the direction.
Penalty:
(a) a fine of $50 000;
(b) for each separate and further offence committed by
the person under the Interpretation Act 1984
15 section 71, a fine of $5 000.
(2) A person must comply with a direction referred to in
subsection (1) despite the provisions of any other written law,
and the person does not commit an offence by reason of that
compliance.
20 87. Failure to give help
A person required to give reasonable help under
section 75(1)(o) must comply with the requirement.
Penalty: a fine of $50 000.
88. Impersonation of hazard management officer or authorised
25 officer
A person must not falsely represent, by words or conduct, that
the person is a hazard management officer or an authorised
officer.
Penalty: a fine of $50 000.
page 53
Emergency Management Bill 2005
Part 8 Offences
s. 89
89. False or misleading information
A person must not give information that the person knows to be
false or misleading in a material particular to a hazard
management officer or an authorised officer exercising a power
5 under this Act or to a person helping a hazard management
officer or an authorised officer to exercise a power under
this Act.
Penalty: a fine of $50 000.
90. False compensation claim
10 A person must not, in or in relation to a claim for compensation
under Part 7, make a statement that the person knows to be false
or misleading in a material particular to, or otherwise mislead,
the Minister or any other person.
Penalty: a fine of $50 000.
page 54
Emergency Management Bill 2005
Employment protection Part 9
s. 91
Part 9 -- Employment protection
91. Meaning of terms used in this Part
(1) In this Part --
"employee" has the meaning given to that term in the Industrial
5 Relations Act 1979;
"employer" has the meaning given to that term in the Industrial
Relations Act 1979.
(2) For the purposes of this Part --
(a) an employee carries out an emergency management
10 response if --
(i) the employee undertakes an activity that involves
responding to an emergency;
(ii) the employee carries out the activity on a
voluntary basis;
15 (iii) the employee is a member of, or has a
member-like association with, an emergency
management agency; and
(iv) the employee was requested by or on behalf of
the emergency management agency to carry out
20 the activity or no such request was made, but it
would be reasonable to expect that, if the
circumstances had permitted the making of such
a request, it is likely that such a request would
have been made;
25 and
(b) an employee does not carry out an emergency
management response if the activity involves prevention
of, preparedness for, or recovery from, an emergency.
(3) For the purposes of subsection (2)(a)(ii) an employee carries out
30 an activity on a voluntary basis even if the employee directly or
indirectly takes or agrees to take --
(a) an honorarium;
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Emergency Management Bill 2005
Part 9 Employment protection
s. 92
(b) a gratuity; or
(c) a similar payment,
wholly or partly for carrying out the activity.
92. Protection of employment rights
5 (1) For the purpose of calculating the entitlement of an employee to
long service leave, sick leave, recreational leave or other
benefits to which the employee is entitled, the continuity of
service of the employee is to be taken not to have been broken
only by the employee's absence from the employment because
10 the employee was carrying out an emergency management
response.
(2) An employee who is absent from the employee's employment
because the employee is carrying out an emergency
management response is entitled to be paid by the person's
15 employer remuneration for the period of the employee's
absence calculated at the employee's ordinary rate of
remuneration, determined in accordance with the regulations, on
the time that the employee would ordinarily have worked had
the employee worked his or her scheduled work time.
20 93. Victimisation because of emergency management response
(1) An employer must not victimise an employee of the employer
for the reason that, or reasons that include the reason that, the
employee was temporarily absent from employment because the
employee was carrying out an emergency management
25 response.
(2) It is a defence for the employer to show that --
(a) the absence was not reasonable having regard to all the
circumstances; or
(b) that the victimisation did not occur for the reason, or for
30 reasons that include the reason, referred to in
subsection (1).
page 56
Emergency Management Bill 2005
Employment protection Part 9
s. 94
(3) An employer victimises an employee if the employer --
(a) dismisses the employee from employment with the
employer;
(b) alters the employee's position in his or her employment
5 with the employer, to the employee's disadvantage;
(c) refuses to promote or transfer the employee;
(d) does not provide the entitlements referred to in
section 92; or
(e) otherwise injures the employee in his or her employment
10 with the employer.
94. Civil penalty for breach of section 93
(1) In this section --
"association" has the meaning given to that term in the
Industrial Relations Act 1979;
15 "court" means the Magistrates Court;
"organisation" has the meaning given to that term in the
Industrial Relations Act 1979.
(2) The following persons may apply to the court for an order under
this section in respect of a contravention of section 93(1) --
20 (a) the person directly affected by the contravention;
(b) an organisation or an association of which that person is
a member.
(3) If the court is satisfied that the employer has contravened
section 93(1), the court may order the employer --
25 (a) to reinstate the person if he or she was dismissed from
employment;
(b) subject to subsection (6), to pay to the person
compensation for any loss or injury suffered as a result
of the contravention; or
page 57
Emergency Management Bill 2005
Part 9 Employment protection
s. 94
(c) to pay to the Treasurer an amount not exceeding
$50 000,
or do any one or more of those things.
(4) The standard of proof to be applied in determining whether
5 there has been a contravention of section 93(1) is the standard
observed in civil proceedings.
(5) A person is not entitled to compensation both under this section
and otherwise for the same dismissal, loss or injury.
(6) The court does not have jurisdiction under subsection (3)(b) to
10 order that there be paid --
(a) to an employee who has been dismissed, any amount
exceeding 6 months' remuneration of the employee; and
(b) in any other case, any amount exceeding $5 000 or such
other amount as is prescribed by the regulations.
15 (7) For the purposes of subsection (6)(a) the court may calculate the
amount on the basis of an average rate of remuneration received
during any relevant period of employment.
(8) A person must comply with an order made against him or her
under this section.
20 Penalty:
(a) a fine of $50 000;
(b) for each separate and further offence committed by
the person under the Interpretation Act 1984
section 71, a fine of $5 000.
page 58
Emergency Management Bill 2005
Miscellaneous Part 10
s. 95
Part 10 -- Miscellaneous
95. Confidentiality of information
A person who has been engaged in the performance of functions
under this Act must not, directly or indirectly, record, disclose
5 or make use of information obtained in the course of duty,
except --
(a) for the purpose of, or in connection with, performing
functions under this Act;
(b) as required or allowed under this Act or another written
10 law;
(c) with the written consent of the Minister or person to
whom the information relates; or
(d) in prescribed circumstances.
Penalty: a fine of $12 000 and imprisonment for one year.
15 96. Expenses
(1) The Minister may approve the payment to an emergency
management agency of expenses that are --
(a) incurred by the emergency management agency in
implementing emergency management during an
20 emergency situation or a state of emergency in
accordance with this Act; and
(b) not otherwise payable out of moneys provided by
Parliament for that purpose.
(2) The Consolidated Fund is charged with the payment of any
25 expenses that are approved under subsection (1) and is
appropriated accordingly.
97. Bodies corporate or employers, conduct on behalf of
(1) In this section --
"engaging in conduct" includes failing or refusing to engage in
30 conduct;
page 59
Emergency Management Bill 2005
Part 10 Miscellaneous
s. 97
"state of mind" of a person includes --
(a) the knowledge, intention, opinion, belief or purpose
of the person; and
(b) the person's reasons for the intention, opinion, belief
5 or purpose.
(2) This section applies to and in relation to proceedings for an
offence against this Act.
(3) If it is necessary to establish the state of mind of a body
corporate in relation to particular conduct, it is sufficient to
10 show --
(a) that the conduct was engaged in by a director, employee
or agent of the body corporate within the scope of his or
her actual or apparent authority; and
(b) that the director, employee or agent had the relevant
15 state of mind.
(4) Conduct engaged in on behalf of a body corporate by a director,
employee or agent of the body corporate within the scope of his
or her actual or apparent authority is to be taken to have been
engaged in also by the body corporate, unless the body
20 corporate establishes that it took reasonable precautions and
exercised due diligence to avoid the conduct.
(5) If it is necessary to establish the state of mind of a person other
than a body corporate in relation to particular conduct, it is
sufficient to show --
25 (a) that the conduct was engaged in by an employee or
agent of the person within the scope of his or her actual
or apparent authority; and
(b) that the employee or agent had the relevant state of
mind.
30 (6) Conduct engaged in on behalf of a person other than a body
corporate (the "employer") by an employee or agent of the
person within the scope of his or her actual or apparent authority
is to be taken to have been engaged in also by the employer,
page 60
Emergency Management Bill 2005
Miscellaneous Part 10
s. 98
unless the employer establishes that the employer took
reasonable precautions and exercised due diligence to avoid the
conduct.
98. Body corporate's officers, liability of
5 (1) In this section --
"officer", in relation to a body corporate, has the meaning given
to that term in the Corporations Act 2001 of the
Commonwealth but does not include an employee of the
body unless the employee was concerned in the
10 management of the body.
(2) If a body corporate is charged with an offence under this Act,
every person who was an officer of the body at the time of the
alleged offence may also be charged with the offence.
(3) If a body corporate and an officer are charged as permitted
15 under subsection (2) and the body corporate is convicted of the
offence, the officer is to be taken to have also committed the
offence, subject to subsection (6).
(4) If a body corporate commits an offence under this Act, then,
although the body is not charged with the offence, every person
20 who was an officer of the body at the time the offence was
committed may be charged with the offence.
(5) If an officer is charged as permitted by subsection (4) and it is
proved that the body corporate committed the offence, the
officer is to be taken to have also committed the offence, subject
25 to subsection (6).
(6) If under this section an officer is charged with an offence it is a
defence to prove --
(a) that the offence was committed without the officer's
consent or connivance; and
30 (b) that the officer took all the measures to prevent the
commission of the offence that he or she could
page 61
Emergency Management Bill 2005
Part 10 Miscellaneous
s. 99
reasonably be expected to have taken having regard to
the officer's functions and to all the circumstances.
99. Evidentiary matters
(1) In proceedings for an offence against this Act, an allegation in
5 the prosecution notice of any of the following matters is, in the
absence of evidence to the contrary, to be taken to be proved --
(a) that at a specified time an emergency situation
declaration or a state of emergency declaration was in
force;
10 (b) that at a specified time a specified area was, or was part
of, an emergency area;
(c) that at a specified time a person was a hazard
management officer, an authorised officer or a police
officer authorised to act under section 71;
15 (d) that at a specified time a specified person was given a
notice or direction under this Act;
(e) that at a specified time a specified requirement was
made of a specified person.
(2) Unless the contrary is proved, it is to be presumed that a
20 document purporting to have been signed by the Minister, the
State Emergency Coordinator, the chairman of the SEMC, a
hazard management officer or an authorised officer was signed
by a person who at the time was the Minister, the State
Emergency Coordinator, the chairman of the SEMC, a hazard
25 management officer or an authorised officer.
(3) Unless the contrary is proved, it is to be presumed that a
document purporting to have been signed by a delegate of the
Minister, the State Emergency Coordinator or the SEMC was
signed by a person who at the time was such a delegate and was
30 authorised to sign it.
(4) This section is in addition to and does not affect the operation of
the Evidence Act 1906.
page 62
Emergency Management Bill 2005
Miscellaneous Part 10
s. 100
100. Protection from liability
(1) An action in tort does not lie against the State, a Minister, the
State Emergency Coordinator, a local government or an official
for anything done, in good faith, under this Act.
5 (2) This section does not stop a person further limiting the person's
liability for an act or omission by relying on a provision of the
Civil Liability Act 2002.
(3) Subsection (1) does not affect any right to recover damages in
respect of the death of or bodily injury to any person directly
10 caused by, or by the driving of, a motor vehicle if, at the time of
the death or bodily injury --
(a) the vehicle was owned or was being driven by a person
who, but for subsection (1), would incur liability in
respect of the death or injury; and
15 (b) there was in force in respect of the vehicle a contract of
insurance in accordance with the Motor Vehicle (Third
Party Insurance) Act 1943 section 4 or the
corresponding legislation of a State or Territory
prescribed for the purposes of section 3(4) of that Act.
20 (4) The protection given by this section applies even though the
thing done in the performance or purported performance of a
function under this Act may have been capable of being done
whether or not this Act had been enacted.
(5) In this section a reference to the doing of anything includes a
25 reference to the omission to do anything.
(6) In this section --
"motor vehicle" has the meaning given to that term in the
Motor Vehicle (Third Party Insurance) Act 1943
section 3(1);
30 "official" means --
(a) a member of the State Disaster Council, the State
Emergency Management Committee, the State
page 63
Emergency Management Bill 2005
Part 10 Miscellaneous
s. 101
Emergency Coordination Group, a district emergency
management committee or local emergency
management committee;
(b) an authorised officer;
5 (c) a district emergency coordinator;
(d) a local emergency coordinator;
(e) an emergency management agency;
(f) a hazard management officer;
(g) a person acting under the direction or on the
10 requirement of an authorised officer, a hazard
management officer, or a police officer, under
this Act.
101. Regulations as to compensation of volunteers
(1) In this section --
15 "prescribed emergency activity" means an activity prescribed
by the regulations that relates to emergency management;
"volunteer" means a person who --
(a) carries out a prescribed emergency activity; and
(b) carries out the activity --
20 (i) on a voluntary basis; or
(ii) in accordance with a direction given under
this Act or any other written law.
(2) For the purposes of this section a person carries out an activity
on a voluntary basis even if the person directly or indirectly
25 takes or agrees to take --
(a) an honorarium;
(b) a gratuity; or
(c) a similar payment,
wholly or partly for carrying out the activity.
page 64
Emergency Management Bill 2005
Miscellaneous Part 10
s. 101
(3) The Governor may make regulations concerning compensation
and insurance of volunteers carrying out prescribed emergency
activities.
(4) Regulations made under this section may require an emergency
5 management agency to take out and keep current in accordance
with the regulations a policy of insurance that insures volunteers
for compensation for injury caused to them while they are
engaged in carrying out prescribed emergency activities.
(5) Without limiting subsections (3) and (4), regulations made
10 under this section may --
(a) provide for the compensation that is payable for injury
caused to a volunteer and the circumstances in which the
compensation is payable;
(b) prescribe the terms and conditions on and subject to
15 which insurance is to be provided, including the
amounts of insurance cover to be taken out and kept
current;
(c) prescribe classes or categories of volunteers to which
specified provisions or obligations under the regulations
20 apply or do not apply;
(d) prescribe classes or categories of emergency
management agencies to which specified provisions or
obligations under the regulations apply or do not apply;
(e) provide for circumstances in which emergency
25 management agencies are exempt from the regulations;
and
(f) prescribe a penalty of not more than $50 000 for an
offence against the regulations, with or without a
penalty for each separate and further offence committed
30 under the Interpretation Act 1984 section 71 of not more
than $5 000.
page 65
Emergency Management Bill 2005
Part 10 Miscellaneous
s. 102
102. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
5 purposes of this Act.
(2) Without limiting subsection (1), the regulations may limit the
circumstances, and regulate the manner, in which the powers
conferred by this Act may be exercised.
103. Review of Act
10 (1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiry of 5 years from the commencement of this Act.
(2) In the course of that review the Minister is to consider and have
regard to --
15 (a) whether there is a need for the Act to continue; and
(b) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of the Act.
(3) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, is to cause it
20 to be laid before each House of Parliament.
104. Consequential amendment
Schedule 1 has effect.
page 66
Emergency Management Bill 2005
Consequential amendment Schedule 1
cl. 1
Schedule 1 -- Consequential amendment
[s. 104]
1. Fire Brigades Act 1942 amended
(1) The amendment in this clause is to the Fire Brigades Act 1942*.
5 [* Reprint 6 as at 7 March 2003.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 171 and Gazette
28 June 2005 p. 2918-19.]
(2) After section 34 the following section is inserted in Part VII --
10 "
34A. Powers concerning persons exposed to hazardous
material
(1) Without limiting section 34, for a purpose mentioned in
subsection (2), in a hazardous material incident an
15 authorised officer may direct a person who has been
exposed to hazardous material to do all or any of the
following --
(a) to remain in an area specified by the authorised
officer for such period as is specified by the
20 authorised officer;
(b) to remain quarantined from other persons for
such period, and in such reasonable manner, as
is specified by the authorised officer;
(c) to submit to decontamination procedures within
25 such reasonable period, and in such reasonable
manner, as is specified by the authorised
officer.
(2) A direction may be given under subsection (1) for the
purpose of --
30 (a) ensuring that the hazardous material is
contained; or
page 67
Emergency Management Bill 2005
Schedule 1 Consequential amendment
cl. 1
(b) ensuring that the person to whom the direction
is given does not pose a serious risk to the life
or health of others because of the hazardous
material involved.
5 (3) The Director or, in his absence, the officer or any
member of the brigade who for the time being is in
charge must not specify a period of more than 3 hours
under subsection (1)(a) or (b) unless the chief
executive officer of the Authority has given written
10 authorisation for a longer period to be specified in
relation to the person exposed to the hazardous
material.
(4) If a person does not comply with a direction under this
section, an authorised officer may do all such things as
15 are reasonably necessary to ensure compliance with the
direction, using such force as is reasonable in the
circumstances.
(5) An authorised officer may exercise a power under this
section with the help, and using the force, that is
20 reasonable in the circumstances.
(6) An authorised officer may revoke a direction given
under this section at any time.
(7) A person shall not obstruct or hinder an authorised
officer in the exercise of a power under this section.
25 Penalty: a fine of $50 000.
(8) A person given a direction under this section shall
comply with the direction.
Penalty: a fine of $50 000.
(9) The regulations may limit the circumstances, and
30 regulate the manner, in which the powers conferred by
this section may be exercised.
page 68
Emergency Management Bill 2005
Consequential amendment Schedule 1
cl. 1
(10) In this section --
"authorised officer", in relation to a hazardous
material incident, means --
(a) the Director or, in his absence, the officer or
5 any member of the brigade who for the time
being is in charge; and
(b) the chief executive officer of the Authority.
".
page 69
Emergency Management Bill 2005
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
association .................................................................................................94(1)
authorised officer .....................................................................3, Sch. 1, cl. 1(2)
combat agency ................................................................................................. 3
combined local government ........................................................................34(2)
court ............................................................................................... 48(5), 94(1)
cyclone area ................................................................................................... 44
direction recipient.......................................................................................48(2)
district emergency management committee ....................................................... 3
emergency........................................................................................................ 3
emergency area ................................................................................................ 3
emergency management ................................................................................... 3
emergency management agency........................................................................ 3
emergency management district........................................................................ 3
emergency situation.......................................................................................... 3
emergency situation declaration........................................................................ 3
employee....................................................................................................91(1)
employer ......................................................................................... 91(1), 97(6)
engaging in conduct....................................................................................97(1)
hazard .............................................................................................................. 3
hazard management agency .............................................................................. 3
hazard management officer............................................................................... 3
hazardous substance ......................................................................................... 3
information ................................................................................................80(6)
local emergency coordinator............................................................................. 3
local emergency management arrangements................................................41(1)
local emergency management committee .......................................................... 3
local government district .................................................................................. 3
motor vehicle ...........................................................................................100(6)
occupier ........................................................................................................... 3
officer ............................................................................................. 76(1), 98(1)
official .....................................................................................................100(6)
organisation................................................................................................94(1)
owner............................................................................................................... 3
personal details................................................................................................. 3
place ................................................................................................................ 3
premises........................................................................................................... 3
prescribed emergency activity...................................................................101(1)
property ........................................................................................................... 3
public authority ................................................................................................ 3
page 70
Emergency Management Bill 2005
Defined Terms
recovery........................................................................................................... 3
relevant information ...................................................................................72(1)
SEMC.............................................................................................................. 3
specified.....................................................................................................35(6)
State Disaster Council ...................................................................................... 3
State Emergency Coordination Group............................................................... 3
State Emergency Coordinator ........................................................................... 3
State emergency management plan ................................................................... 3
State emergency management policy ................................................................ 3
state of emergency............................................................................................ 3
state of emergency declaration.......................................................................... 3
state of mind ..............................................................................................97(1)
support organisation ......................................................................................... 3
vehicle ............................................................................................................. 3
volunteer ..................................................................................................101(1)
welfare services..........................................................................................72(1)
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