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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Emergency Management Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. "Hazard management agency" may be prescribed 5
5. Combat agencies and support organisations 6
6. Act binds the Crown 6
7. Relationship to other Acts 6
8. Limitation on Act -- industrial disputes and civil
disturbances 7
Part 2 -- State arrangements
Division 1 -- The State Emergency Coordinator
9. State Emergency Coordinator 8
10. Functions of the State Emergency Coordinator 8
11. Delegation by State Emergency Coordinator 8
Division 2 -- The State Emergency Management
Committee
12. State Emergency Management Committee 9
13. Functions of the SEMC 9
14. Powers of the SEMC 10
15. Designation of cyclone areas 10
16. State emergency management policies 10
17. State emergency management plans 11
18. Reviewing State emergency management policies and
State emergency management plans 11
19. Directions to public authorities 11
20. Sub-committees 12
21. SEMC may delegate 12
349--1 page i
Emergency Management Bill 2004
Contents
22. Annual report of SEMC 13
Division 3 -- The State Emergency Coordination
Group
23. State Emergency Coordination Group 13
24. Functions of the State Emergency Coordination Group 14
Division 4 -- Emergency Management Districts
25. Establishment of emergency management districts 14
26. District emergency coordinator 15
27. Functions of district emergency coordinator 15
28. District emergency management committees 15
29. Functions of district emergency management
committees 16
30. Annual report of district emergency management
committees 16
Part 3 -- Local arrangements
Division 1 -- Local emergency authorities
31. Local governments may combine 17
32. Specified public authority may exercise functions of
local government 17
33. Functions of local government 18
34. Local emergency coordinators 18
35. Local emergency management committees 19
36. Functions of local emergency management
committees 19
37. Annual report of local emergency management
committee 20
Division 2 -- Emergency management
arrangements for local governments
38. Emergency management arrangements in local
government district 20
39. Reviewing and renewing local emergency
management arrangements 21
40. Local emergency management arrangements to be
available for inspection 21
Division 3 -- Powers of local government during
cyclone
41. Meaning of "cyclone area" 22
page ii
Emergency Management Bill 2004
Contents
42. Power of local government to destroy dangerous
vegetation or premises in cyclone area 22
43. Local government may require owner or occupier of
land to take action 22
Part 4 -- Hazard management
Division 1 -- Emergency situation declaration
44. Hazard management agency may make emergency
situation declaration 24
45. Duration of emergency situation declaration 25
46. Extension of emergency situation declaration 25
47. Revocation of emergency situation declaration 25
48. Notice of declaration 26
Division 2 -- Hazard management officers
Subdivision 1 -- Authorisation
49. Authorisation of hazard management officers 26
Subdivision 2 -- General powers
50. Application of this Division 27
51. Obtaining identifying particulars 28
52. Hazard management officer may establish controlled
access area 28
53. Powers of hazard management officer concerning
movement and evacuation 28
54. Use of vehicles 29
Subdivision 3 -- Powers during emergency
situation
55. Application of this Division 29
56. Powers of hazard management officer to control or
use property 29
57. Powers of hazard management officers in relation to
persons exposed to hazardous substances 30
58. Powers of police to direct closure of places and
concerning movement and evacuation 30
Subdivision 4 -- General provisions
59. General provisions regarding powers 31
60. General provisions regarding directions 32
page iii
Emergency Management Bill 2004
Contents
Part 5 -- State of emergency
Division 1 -- State of emergency declaration
61. Minister may make state of emergency declaration 33
62. Duration of state of emergency declaration 33
63. Extension of state of emergency declaration 34
64. Revocation of state of emergency declaration 34
65. Notice of declaration 35
Division 2 -- Authorised officers
Subdivision 1 -- Authorisation and identification
66. Authorised officers 35
67. Identification of authorised officers 36
Division 3 -- Powers during state of emergency
68. Application of this Division 36
69. Power to direct public authorities during state of
emergency 37
70. Obtaining identifying particulars 37
71. Powers of authorised officer to control or use property 37
72. Use of vehicles 38
73. Powers of authorised officer concerning movement
and evacuation 38
74. Powers of authorised officers in relation to persons
exposed to hazardous substances 38
75. General powers during a state of emergency 39
76. General provisions regarding powers 40
77. General provisions regarding directions 41
Division 4 -- The State Disaster Council
78. State Disaster Council 41
79. Functions of the State Disaster Council 42
Part 6 -- Compensation and insurance
Division 1 -- Compensation
80. Entitlement to compensation 43
81. Applying for compensation 43
82. Lapsing of application 44
83. Notice of decision 45
84. Funding of compensation 45
Division 2 -- Review
85. Review of compensation decision 45
page iv
Emergency Management Bill 2004
Contents
Division 3 -- Policies of insurance
86. Extension of policy of insurance 45
Part 7 -- Offences
87. Obstruction of a hazard management officer or
authorised officer 47
88. Failure to comply with direction 47
89. Failure to give help 47
90. Impersonation of hazard management officer or
authorised officer 47
91. False or misleading information 48
92. False compensation claim 48
93. Victimisation because of emergency management
activity 48
Part 8 -- Miscellaneous
94. Expenses 51
95. Bodies corporate or employers, conduct on behalf of 51
96. Body corporate's officers, liability of 52
97. Evidentiary matters 53
98. Protection from liability 54
99. Regulations as to compensation of volunteers 56
100. Regulations 57
101. Review of Act 57
102. Consequential amendment 58
Schedule 1 -- Consequential
amendment
1. Fire Brigades Act 1942 amended 59
page v
Western Australia
LEGISLATIVE ASSEMBLY
Emergency Management Bill 2004
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 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Emergency Management Act 2004.
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 66;
"combat agency" has the meaning given by section 5(1);
15 "district emergency management committee" means a
district emergency management committee established
under section 28(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 managing the adverse
25 effects of an emergency, including --
(a) mitigating or preventing the potential adverse effects
of an emergency;
(b) preparing for and responding to the emergency; and
(c) managing recovery;
page 2
Emergency Management Bill 2004
Preliminary Part 1
s. 3
"emergency management agency" means a hazard
management agency, a combat agency or a support
organisation;
"emergency management district" means an emergency
5 management district established under section 25;
"emergency situation" means an emergency situation declared
under section 44;
"emergency situation declaration" means a declaration made
under section 44;
10 "hazard" means --
(a) a cyclone, earthquake, flood, storm or other natural
event;
(b) a fire;
(c) a road or air crash;
15 (d) a plague or an epidemic;
(e) any other event, situation or condition that is capable
of --
(i) causing loss or harm to the safety or health of
persons or animals; or
20 (ii) destroying or damaging property or any part
of the environment,
and is prescribed by the regulations;
"hazard management agency" has the meaning given by
section 4;
25 "hazard management officer" means a person authorised
under section 49;
"hazardous substance" means --
(a) a chemical, biological or radiological substance; or
(b) any other substance,
30 that could cause loss of life, injury to a person or damage to
the health of a person or to the environment;
page 3
Emergency Management Bill 2004
Part 1 Preliminary
s. 3
"local emergency management committee" means a
committee established under section 35;
"local government district" means a district under the Local
Government Act 1995;
5 "occupier" has the same meaning as in the Local Government
Act 1995;
"owner" has the same meaning as in the Local Government
Act 1995;
"place" includes land, area of water or premises;
10 "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;
"public authority" means --
(a) an agency within the meaning of the Public Sector
15 Management Act 1994;
(b) a body, corporate or unincorporate, that is established
or continued for a public purpose by the State,
regardless of the way it is established;
(c) a member or officer of a body referred to in
20 paragraph (a) or (b);
(d) a person in the service of the State upon whom a
function is conferred under a written law; and
(e) a person or body prescribed (or of a class prescribed)
by the regulations as a public authority for the
25 purposes of this Act;
"recovery" means activities which support emergency affected
communities in the reconstruction of physical infrastructure
and the restoration of emotional, social, economic and
physical wellbeing;
30 "SEMC" means the State Emergency Management Committee
established under section 12;
"State Disaster Council" means the State Disaster Council
established under section 78;
page 4
Emergency Management Bill 2004
Preliminary Part 1
s. 4
"State Emergency Coordinator" means the person holding the
office referred to in section 9;
"State emergency management plan" means a plan prepared
under section 17;
5 "State emergency management policy" means a policy
prepared under section 16;
"state of emergency" means a state of emergency declared
under section 61;
"state of emergency declaration" means a declaration made
10 under section 61;
"support organisation" has the meaning given by section 5(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.
15 4. "Hazard management agency" may be prescribed
(1) A public authority, or other person, may be prescribed by the
regulations to be a hazard management agency for a hazard
prescribed by the regulations.
(2) A hazard management agency prescribed under subsection (1) is
20 to be a public authority or other person who or which, because
of that agency's functions under any written law or specialised
knowledge, expertise and resources, is responsible for
emergency management in relation to the hazard for which it is
prescribed.
25 (3) If the hazard management agency is not an individual or a body
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 44, 46 and 47; and
30 (b) one or more persons who are authorised to act in the
name of the hazard management agency for the purposes
of authorising under section 49 persons to act as hazard
management officers.
page 5
Emergency Management Bill 2004
Part 1 Preliminary
s. 5
(4) In sections 44, 46, 47 and 49 a reference to a "hazard
management agency" is taken to include a reference to a person
who is designated to act in the name of a hazard management
agency under subsection (3) for the purposes of that section.
5 5. Combat agencies and support organisations
(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
10 agency's functions under any written law or specialised
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
15 regulations to be a support organisation for the purposes of this
Act.
(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
20 knowledge, expertise and resources, is responsible for providing
support functions prescribed by the regulations in relation to
that organisation.
6. Act binds the Crown
This Act binds the Crown in right of the State and, so far as the
25 legislative power of the State permits, the Crown in its other
capacities.
7. 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
30 made under any other Act, the provisions of this Act prevail.
page 6
Emergency Management Bill 2004
Preliminary Part 1
s. 8
(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
5 exercisable apart from this Act.
8. Limitation on Act -- industrial disputes and civil
disturbances
This Act does not authorise the taking of measures directed
at --
10 (a) ending an industrial dispute; or
(b) controlling a riot or other civil disturbance.
page 7
Emergency Management Bill 2004
Part 2 State arrangements
Division 1 The State Emergency Coordinator
s. 9
Part 2 -- State arrangements
Division 1 -- The State Emergency Coordinator
9. State Emergency Coordinator
The Commissioner of Police is to hold the office of State
5 Emergency Coordinator.
10. 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 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) The State Emergency Coordinator may enter into agreements
and arrangements with persons, in or outside the State, to assist
the State to manage emergencies.
11. Delegation by State Emergency Coordinator
25 (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.
(2) The delegation is to be in writing signed by the State
Emergency Coordinator.
page 8
Emergency Management Bill 2004
State arrangements Part 2
The State Emergency Management Committee Division 2
s. 12
(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 State Emergency
Coordinator to act through an officer or a person representing
the State Emergency Coordinator.
Division 2 -- The State Emergency Management Committee
12. State Emergency Management Committee
10 (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;
(c) an executive officer of the SEMC appointed by the
15 Minister; and
(d) such other members as are provided for, and appointed
in accordance with, the regulations.
(3) The regulations may make provision as to the constitution and
procedure of the SEMC.
20 (4) Subject to the regulations the SEMC may determine its own
procedures.
13. Functions of the SEMC
The SEMC has the following functions --
(a) to advise the Minister on emergency management and
25 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
management capability for the State;
page 9
Emergency Management Bill 2004
Part 2 State arrangements
Division 2 The State Emergency Management Committee
s. 14
(c) to provide a forum for 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
5 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;
10 (g) to perform any other function prescribed by the
regulations for the purposes of this section.
14. 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.
15 (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
(b) act in conjunction with another public authority or any
20 other person.
15. Designation of cyclone areas
The SEMC, on the advice of the relevant hazard management
agency, may, by notice published in the Gazette, designate an
area of the State as a cyclone area.
25 16. State emergency management policies
(1) The SEMC is to arrange for the preparation of State emergency
management policies.
(2) State emergency management policies are to include provision
for --
30 (a) a strategic framework for emergency management in the
State;
page 10
Emergency Management Bill 2004
State arrangements Part 2
The State Emergency Management Committee Division 2
s. 17
(b) the roles and responsibilities of agencies involved in
emergency management for the State; and
(c) other matters that are prescribed by the regulations.
(3) A State emergency management policy, and any amendment to
5 a State emergency management policy, has effect when it is
approved by the SEMC.
17. State emergency management plans
(1) The SEMC is to arrange for the preparation of State emergency
management plans as the SEMC considers necessary.
10 (2) A State emergency management plan is to be consistent with
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.
15 18. Reviewing State emergency management policies and State
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
20 appropriate.
(2) The SEMC may arrange for a State emergency management
plan to be tested whenever the SEMC considers it appropriate.
19. Directions to public authorities
(1) The SEMC may, in writing, direct a public authority to --
25 (a) prepare, or assist in the preparation of, a State
emergency management plan;
(b) review, or assist in the review of, a State emergency
management plan;
(c) amend or replace, or assist in the amendment or
30 replacement of, a State emergency management plan; or
page 11
Emergency Management Bill 2004
Part 2 State arrangements
Division 2 The State Emergency Management Committee
s. 20
(d) test, or assist in the testing of, a State emergency
management plan.
(2) The SEMC may issue written guidelines to help public
authorities respond to a direction under subsection (1).
5 (3) A public authority is to comply with a direction under
subsection (1) within the time and in the manner specified in the
direction.
20. Sub-committees
(1) The SEMC may establish such sub-committees as it thinks fit to
10 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.
(3) The SEMC may remove a person from membership of a
15 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
sub-committee is to comply with any such direction.
20 (5) Subject to the directions of the SEMC, a sub-committee may
determine its own procedures.
21. SEMC may delegate
(1) The SEMC may delegate to a member of the SEMC, a
sub-committee established under section 20 or a member of
25 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 12
Emergency Management Bill 2004
State arrangements Part 2
The State Emergency Coordination Group Division 3
s. 22
(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.
22. Annual report of SEMC
(1) As soon as is practicable after the end of each financial year the
SEMC is to prepare and submit to the Minister an annual report
10 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
23. State Emergency Coordination Group
15 (1) If a state of emergency is declared, a State Emergency
Coordination Group is established.
(2) If a hazard occurs or the occurrence of a hazard is imminent, the
State Emergency Coordinator may, on the request of the
relevant hazard management agency, or on his or her own
20 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;
25 (b) the chairman of the SEMC;
(c) the executive officer of the SEMC appointed under
section 12(2)(c);
(d) a representative of the relevant hazard management
agency; and
page 13
Emergency Management Bill 2004
Part 2 State arrangements
Division 4 Emergency Management Districts
s. 24
(e) 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 24. 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; and
(c) to liaise between emergency management agencies and
the Minister.
20 Division 4 -- Emergency Management Districts
25. Establishment of emergency management districts
(1) For the purposes of this Act the State is divided into such
emergency management districts as the Minister may determine
by order published in the Gazette.
25 (2) In making an order under subsection (1) the Minister is to have
regard to the advice of the SEMC.
(3) So far as is practicable emergency management districts are to
be established by reference to the boundaries of local
government districts.
page 14
Emergency Management Bill 2004
State arrangements Part 2
Emergency Management Districts Division 4
s. 26
26. District emergency coordinator
The State Emergency Coordinator is to appoint a district
emergency coordinator for each emergency management
district.
5 27. 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
10 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.
15 28. 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
20 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
25 irrespective of whether the name of that person is submitted
under subsection (2).
(4) 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
30 the SEMC.
page 15
Emergency Management Bill 2004
Part 2 State arrangements
Division 4 Emergency Management Districts
s. 29
29. Functions of district emergency management committees
(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
5 it is constituted.
(2) District emergency management committees have such other
functions as are prescribed by the regulations.
30. Annual report of district emergency management
committees
10 (1) Each district emergency management committee is to prepare
and submit to the SEMC an annual report on activities
undertaken by it during the financial year.
(2) The annual report --
(a) is to be prepared within the time, and in the manner,
15 directed in writing by the SEMC; and
(b) is to include the annual report prepared under section 37
of each local emergency management committee within
the district.
page 16
Emergency Management Bill 2004
Local arrangements Part 3
Local emergency authorities Division 1
s. 31
Part 3 -- Local arrangements
Division 1 -- Local emergency authorities
31. 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.
32. 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 a local government district; or
(b) a specified area that is not part of a local government
district,
25 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) A local government is not to perform or exercise functions
under this Part in relation to an area designated under
30 subsection (1).
page 17
Emergency Management Bill 2004
Part 3 Local arrangements
Division 1 Local emergency authorities
s. 33
(3) If a notice is published under subsection (1), this Part applies as
if --
(a) a reference to a local government were a reference to the
public authority specified in the notice; and
5 (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.
(4) In subsection (1) --
"specified" means specified in the notice referred to in that
10 subsection.
33. 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
15 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.
20 34. Local emergency coordinators
(1) The State Emergency Coordinator is to appoint a local
emergency coordinator for a local government district.
(2) The local emergency coordinator for a local government district
has the following functions --
25 (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;
(b) to assist hazard management agencies in the provision of
30 a coordinated response during an emergency in the
district;
page 18
Emergency Management Bill 2004
Local arrangements Part 3
Local emergency authorities Division 1
s. 35
(c) to carry out other emergency management activities in
accordance with the directions of the State Emergency
Coordinator.
35. Local emergency management committees
5 (1) A local government is to establish a local emergency
management committee for the local government's district.
(2) A local emergency management committee consists of --
(a) a chairman appointed by the chairman of the SEMC on
the nomination of the relevant local government; and
10 (b) other members appointed by the relevant local
government.
(3) A nomination for the purposes of subsection (2)(a) is to be made
to the chairman of the SEMC in writing.
(4) The nomination is to be made within such reasonable time after
15 the receipt by the local government of a notice from the
chairman of the SEMC stating that the nomination is required as
is specified in the notice.
(5) If the nomination is not made under subsection (3) within the
time specified under subsection (4), the chairman of the SEMC
20 may nominate a person he or she thinks fit to be chairman of the
local emergency management committee.
(6) Subject to this section, the constitution and procedures of a local
emergency management committee, and the terms and
conditions of appointment of members, are to be determined by
25 the SEMC.
36. Functions of local emergency management committees
The functions of a local emergency management committee
are --
(a) to help the local government for its district to ensure that
30 local emergency management arrangements are
established for its district;
page 19
Emergency Management Bill 2004
Part 3 Local arrangements
Division 2 Emergency management arrangements for local governments
s. 37
(b) to liaise with public authorities and other persons in the
development, review and testing of local emergency
management arrangements; and
(c) to carry out other emergency management activities as
5 directed by the SEMC or prescribed by the regulations.
37. Annual report of local emergency management committee
(1) As soon as is practicable 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
10 district an annual report on activities undertaken by it during the
financial year.
(2) The annual report is to be prepared within the time, and in the
manner, directed in writing by the SEMC.
Division 2 -- Emergency management arrangements for
15 local governments
38. Emergency management arrangements in local government
district
(1) A local government is to ensure that arrangements ("local
emergency management arrangements") for emergency
20 management in the local government's district are prepared.
(2) The local emergency management arrangements are to set
out --
(a) the local government's policies for emergency
management;
25 (b) the roles and responsibilities of public authorities and
other persons involved in emergency management in the
local government district;
(c) provisions about the coordination of emergency
operations and activities relating to emergency
30 management performed by the persons mentioned in
paragraph (b);
page 20
Emergency Management Bill 2004
Local arrangements Part 3
Emergency management arrangements for local governments Division 2
s. 39
(d) a description of emergencies that are likely to occur in
the local government district;
(e) strategies and priorities for emergency management in
the local government district; and
5 (f) 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
10 emergency management plans.
(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
15 management arrangements, and any amendment to the
arrangements, to the SEMC as soon as is practicable after they
are prepared.
39. Reviewing and renewing local emergency management
arrangements
20 (1) A local government is to ensure that its local emergency
management arrangements are reviewed at least once a year.
(2) Local emergency management arrangements may be amended
or replaced whenever the local government considers it
appropriate.
25 40. 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
government.
page 21
Emergency Management Bill 2004
Part 3 Local arrangements
Division 3 Powers of local government during cyclone
s. 41
(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.
5 Division 3 -- Powers of local government during cyclone
41. Meaning of "cyclone area"
In this Division --
"cyclone area" means a cyclone area designated under
section 15.
10 42. Power of local government to destroy dangerous vegetation
or premises in cyclone area
If --
(a) a cyclone is occurring or is imminent; and
(b) a local government is of the opinion that any vegetation
15 or premises on land in a cyclone area in the district of
the local government may, as a result of the cyclonic
activity --
(i) cause loss or harm to the safety or health of
persons or animals; or
20 (ii) destroy or damage property or any part of the
environment,
the local government may remove or destroy the vegetation or
remove, dismantle or destroy the premises.
43. Local government may require owner or occupier of land to
25 take action
(1) If --
(a) a cyclone is occurring or is imminent; and
(b) a local government is of the opinion that any vegetation
or premises on land in a cyclone area in the district of
page 22
Emergency Management Bill 2004
Local arrangements Part 3
Powers of local government during cyclone Division 3
s. 43
the local government may, as a result of the cyclonic
activity --
(i) cause loss or harm to the safety or health of
persons or animals; or
5 (ii) destroy or damage property or any part of the
environment,
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
10 minimise the loss, harm, destruction or damage.
(2) This section is in addition to, and does not derogate from, the
powers of a local government under the Local Government
Act 1995.
page 23
Emergency Management Bill 2004
Part 4 Hazard management
Division 1 Emergency situation declaration
s. 44
Part 4 -- Hazard management
Division 1 -- Emergency situation declaration
44. Hazard management agency may make emergency situation
declaration
5 (1) A hazard management agency may, in writing and with the
approval of the State Emergency Coordinator, declare that an
emergency situation exists in a part of the State in respect of a
hazard for which it is a hazard management agency.
(2) The State Emergency Coordinator may approve the declaration
10 of an emergency situation if satisfied that --
(a) an emergency has occurred, is occurring or is imminent
in that part of the State; and
(b) there is a need to exercise powers under Division 2
Subdivision 3 to prevent or minimise --
15 (i) loss of life, illness or injury;
(ii) property loss or damage; or
(iii) damage to the environment.
(3) A declaration under this section is to include --
(a) the time and date on which the declaration is made; and
20 (b) the area of the State to which it applies.
(4) Before making a declaration under this section the hazard
management agency is to take reasonable steps to undertake
consultation in accordance with State emergency management
policies.
25 (5) A failure to consult under subsection (4) does not affect the
validity of the declaration.
(6) 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.
page 24
Emergency Management Bill 2004
Hazard management Part 4
Emergency situation declaration Division 1
s. 45
45. Duration of emergency situation declaration
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
5 (b) if it is not extended by the hazard management agency
under section 46, or sooner revoked under section 47,
remains in force for 3 days after it first has effect.
46. Extension of emergency situation declaration
(1) A hazard management agency may, in writing and with the
10 approval of the State Emergency Coordinator, by declaration
extend, or from time to time further extend, the duration of an
emergency situation declaration.
(2) A declaration extending, or further extending, the duration of an
emergency situation declaration --
15 (a) is to include the time and date on which the declaration
is made;
(b) is to state the period, of not more than 7 days, by which
the duration of the emergency situation declaration is
extended; and
20 (c) remains in force until the end of the period stated under
paragraph (b) unless the emergency situation declaration
is sooner revoked under section 47.
(3) A declaration extending the duration of an emergency situation
declaration has effect on and from the time it is made.
25 47. 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 Division 2 Subdivision 3
to be exercised in relation to an emergency situation it has
declared to exist, the hazard management agency is to revoke
30 the emergency situation declaration.
page 25
Emergency Management Bill 2004
Part 4 Hazard management
Division 2 Hazard management officers
s. 48
(2) The revocation is to be made by declaration in writing and is to
include the time and date on which it is made.
(3) The revocation declaration has effect on and from the time it is
made, or such later time as is specified in the revocation
5 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
to be incurred or imposed, before the revocation; or
10 (b) any investigation or legal proceedings in respect of such
a penalty or punishment.
48. Notice of declaration
Notice of a declaration made under section 44, 46 or 47 is to
be --
15 (a) published for general information as soon as is
practicable after the declaration is made in any manner
that the hazard management agency consider to be
appropriate having regard to the circumstances and what
is practicable; and
20 (b) published in the Gazette as soon as is practicable after
the declaration is made.
Division 2 -- Hazard management officers
Subdivision 1 -- Authorisation
49. Authorisation of hazard management officers
25 (1) A hazard management agency may authorise officers or
employees of the hazard management agency, or other persons,
to act as hazard management officers --
(a) in response to an emergency arising from a hazard for
which the hazard management agency is prescribed; or
page 26
Emergency Management Bill 2004
Hazard management Part 4
Hazard management officers Division 2
s. 50
(b) during an emergency situation declared by that hazard
management agency,
or in both of those cases.
(2) An authorisation under subsection (1) is to specify --
5 (a) whether it applies to any emergency arising from a
hazard for which the hazard management agency is
prescribed or to any emergency situation declared by the
hazard management agency or whether it is limited to a
particular emergency or to a particular emergency
10 situation declared by the hazard management agency;
(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
15 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)
does not invalidate the authorisation or anything done under the
authorisation.
20 (5) A hazard management officer may exercise a power under this
Part only subject to the terms and conditions on which the
person is authorised under this section.
(6) A hazard management officer is to comply with the directions
of the relevant hazard management agency when exercising a
25 power under this Part.
Subdivision 2 -- General powers
50. Application of this Division
This Division applies during an emergency or if an emergency
situation declaration is in force.
page 27
Emergency Management Bill 2004
Part 4 Hazard management
Division 2 Hazard management officers
s. 51
51. Obtaining identifying particulars
The office of hazard management officer is prescribed for the
purposes of the Criminal Investigation (Identifying People)
Act 2002 and any holder of that office may exercise the powers
5 in Part 3 of that Act during an emergency or an emergency
situation.
52. Hazard management officer may establish controlled access
area
(1) If a hazard management officer reasonably believes that access
10 to an area needs to be controlled for the purposes of dealing
with an emergency or emergency situation or ensuring that
people or property will not be endangered during an emergency
or emergency situation, the hazard management officer may
establish a controlled access area.
15 (2) The hazard management officer must take reasonable measures
to notify people of the existence and boundaries of the
controlled access area and when the controlled access area
ceases to be established.
(3) The area of a controlled access site must not be greater than is
20 reasonably necessary for the purposes for which it is
established.
(4) The boundaries of a controlled access area may be altered at any
time.
(5) A controlled access area ceases to be established when a hazard
25 management officer determines that the purposes for which it
was established have ceased to exist.
53. Powers of hazard management officer concerning
movement and evacuation
(1) During an emergency or emergency situation, for the purpose of
30 emergency management, a hazard management officer may do
all or any of the following --
(a) direct or, by direction, prohibit, the movement of
persons, animals and vehicles within, into, out of or
page 28
Emergency Management Bill 2004
Hazard management Part 4
Hazard management officers Division 2
s. 54
around a controlled access area or any part of the
controlled access area or emergency area;
(b) direct the evacuation and removal of persons or animals
from the controlled access area or any part of the
5 controlled access area or emergency area;
(c) close any road, access route or area of water in or
leading to the controlled access area or emergency area.
(2) In this section --
"controlled access area" means an area established under
10 section 52.
54. Use of vehicles
During an emergency or emergency situation, for the purpose of
emergency management, a hazard management officer may use
a vehicle in any place and in any circumstance despite any
15 provision of the 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.
Subdivision 3 -- Powers during emergency situation
55. Application of this Division
20 This Division applies if an emergency situation declaration is in
force.
56. Powers of hazard management officer to control or use
property
(1) During an emergency situation, for the purpose of emergency
25 management, a hazard management 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 29
Emergency Management Bill 2004
Part 4 Hazard management
Division 2 Hazard management officers
s. 57
57. Powers of hazard management officers in relation to
persons exposed to hazardous substances
(1) During an emergency situation, for a purpose mentioned in
subsection (2), a hazard management officer may direct any
5 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 hazard management
officer for such period as is specified by the hazard
management officer;
10 (b) to remain quarantined from other persons for such
period, and in such reasonable manner, as is specified by
the hazard management officer;
(c) to submit to decontamination procedures within such
reasonable period, and in such reasonable manner, as is
15 specified by the hazard management 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.
58. Powers of police to direct closure of places and concerning
movement and evacuation
(1) During an emergency situation, for the purpose of emergency
30 management, 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
page 30
Emergency Management Bill 2004
Hazard management Part 4
Hazard management officers Division 2
s. 59
entertainment in the emergency area to close that place to the
public for the period specified in the direction.
(2) Subject to subsection (3), during an emergency situation the
most senior police officer present in the emergency area may
5 exercise any of the powers of a hazard management officer
under section 53.
(3) A police officer is not to exercise a power under subsection (2)
in a manner that is contrary to or in conflict with --
(a) a direction given to the police officer by the hazard
10 management agency that made the emergency situation
declaration; or
(b) the exercise of a power by a hazard management officer
under section 53.
(4) When exercising powers under this section a police officer has
15 all the immunities of a hazard management officer.
Subdivision 4 -- General provisions
59. General provisions regarding powers
(1) If the person does not comply with a direction under this Part, a
hazard management officer or police officer may do all such
20 things as are reasonably necessary to ensure compliance with
the direction, using such force as is reasonable in the
circumstances.
(2) A hazard management officer or police officer may exercise a
power under this section with the help, and using the force, that
25 is reasonable in the circumstances.
(3) The powers of a hazard management officer or police 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.
page 31
Emergency Management Bill 2004
Part 4 Hazard management
Division 2 Hazard management officers
s. 60
60. General provisions regarding directions
(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
5 complied with or cancelled.
(3) Failure to comply with subsection (2) does not invalidate the
direction.
page 32
Emergency Management Bill 2004
State of emergency Part 5
State of emergency declaration Division 1
s. 61
Part 5 -- State of emergency
Division 1 -- State of emergency declaration
61. 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 part or parts of the State.
(2) A declaration may be made under this section if the Minister --
(a) has considered the advice of the State Emergency
Coordinator;
(b) is satisfied that an emergency has occurred, is occurring
10 or is imminent; and
(c) is satisfied that extraordinary measures are required to
prevent or minimise --
(i) illness, injury or loss of life;
(ii) property loss or damage; or
15 (iii) damage to the environment.
(3) A declaration under this section is to include --
(a) the time 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
20 prevent the making of further state of emergency declarations in
relation to the same or a different emergency.
62. 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
25 time as is specified in the declaration; and
(b) if it is not extended by the Minister under section 63, or
sooner revoked under section 64, remains in force for
3 days after it first has effect.
page 33
Emergency Management Bill 2004
Part 5 State of emergency
Division 1 State of emergency declaration
s. 63
63. Extension of state of emergency declaration
(1) The Minister may by declaration in writing extend, or from time
to time further extend, the duration of a declaration made under
section 61.
5 (2) A declaration extending, or further extending, the duration of a
state of emergency declaration --
(a) is to state the period, of not more than 14 days, by which
the duration of the state of emergency declaration is
extended; and
10 (b) remains in force until the end of the period stated under
paragraph (a) unless the state of emergency declaration
is sooner revoked under section 64.
(3) A declaration extending the duration of a state of emergency
declaration has effect on and from the time it is made.
15 64. Revocation of state of emergency declaration
(1) The Minister may revoke a state of emergency declaration at
any time.
(2) The revocation is to be made by declaration in writing and is to
include the time and date on which it is made.
20 (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
emergency declaration does not affect --
25 (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.
page 34
Emergency Management Bill 2004
State of emergency Part 5
Authorised officers Division 2
s. 65
65. Notice of declaration
A declaration made under section 61, 63 or 64 is to be --
(a) published for general information as soon as is
practicable after the declaration is made in any manner
5 that the Minister considers to be appropriate having
regard to the circumstances and what is practicable; and
(b) published in the Gazette as soon as is practicable after
the declaration is made.
Division 2 -- Authorised officers
10 Subdivision 1 -- Authorisation and identification
66. 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 --
15 (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.
20 (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)
does not invalidate the authorisation or anything done under the
25 authorisation.
(5) An authorised officer may exercise a power under this Part only
subject to the terms and conditions on which the person is
authorised under this section.
page 35
Emergency Management Bill 2004
Part 5 State of emergency
Division 3 Powers during state of emergency
s. 67
(6) An authorised officer is to comply with directions of the State
Emergency Coordinator when exercising a power under this
Part.
67. Identification of authorised officers
5 (1) The State Emergency Coordinator may issue an identification
card to an authorised officer --
(a) containing the individual's name and a photograph of
the person; and
(b) stating that the person is an authorised officer for the
10 purposes of this Act.
(2) An authorised officer should --
(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
15 power of an authorised officer under this Act.
(3) An authorised officer who has been issued with an identification
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
20 as is practicable.
(4) A person who contravenes subsection (3) without reasonable
excuse, the onus of proving which is on the person, commits an
offence.
Penalty: $1 000.
25 Division 3 -- Powers during state of emergency
68. Application of this Division
This Division applies if a state of emergency declaration is in
force.
page 36
Emergency Management Bill 2004
State of emergency Part 5
Powers during state of emergency Division 3
s. 69
69. 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
5 desirable for responding to the emergency.
(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 exercise or refrain from
performing or exercising any function; and
10 (b) appoint an officer of a public authority to have overall
control of particular activities carried out by public
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 this section --
15 (a) the public authority is to comply with the direction; and
(b) the direction prevails to the extent of any inconsistency
with any enactment or other law.
70. Obtaining identifying particulars
The office of authorised officer is prescribed for the purposes of
20 the Criminal Investigation (Identifying People) Act 2002 and
any holder of that office may exercise the powers in Part 3 of
that Act during a state of emergency.
71. Powers of authorised officer to control or use property
(1) During a state of emergency, for the purpose of emergency
25 management, an 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 37
Emergency Management Bill 2004
Part 5 State of emergency
Division 3 Powers during state of emergency
s. 72
72. Use of vehicles
During a state of emergency, for the purpose of emergency
management, an authorised officer may use a vehicle in any
place and in any circumstance despite any provision of the Road
5 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.
73. Powers of authorised officer concerning movement and
evacuation
10 During a state of emergency, for the purpose of emergency
management, an authorised officer may do all or any of the
following --
(a) direct or prohibit the movement of persons, animals and
vehicles within, into, out of or around the emergency
15 area or any part of the emergency area;
(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
20 leading to the emergency area.
74. Powers of authorised officers in relation to persons exposed
to hazardous substances
(1) During a state of emergency, for a purpose mentioned in
subsection (2), an authorised officer may direct any person who
25 has been exposed to a hazardous substance 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 authorised officer;
(b) to remain quarantined from other persons for such
30 period, and in such reasonable manner, as is specified by
the authorised officer;
page 38
Emergency Management Bill 2004
State of emergency Part 5
Powers during state of emergency Division 3
s. 75
(c) to submit to decontamination procedures within 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
5 of --
(a) ensuring that the hazardous material is contained; or
(b) ensuring that the person to whom the direction is given
does not pose a serious risk to the life or health of others
or to the environment because of the hazardous material
10 involved.
(3) The period specified under subsection (1)(a) or (b) must not be
more than 24 hours unless the State Emergency Coordinator has
given authorisation for a longer period to be specified in relation
to the person exposed to the hazardous substance.
15 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;
20 (b) 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;
(c) contain an animal or substance in the emergency area;
(d) remove or destroy an animal, vegetation or substance in
25 the emergency area;
(e) remove, dismantle, demolish or destroy a vehicle, or any
premises, in the emergency area;
(f) disconnect or shut off any electricity, gas, water or fuel
supply, or any drainage facility, or any other service, in
30 the emergency area;
(g) take and use fuel, gas, electricity or water in the
emergency area;
page 39
Emergency Management Bill 2004
Part 5 State of emergency
Division 3 Powers during state of emergency
s. 76
(h) direct the owner or occupier or the person apparently in
charge of any place of business, worship or
entertainment in the emergency area to close that place
to the public for the period specified in the direction;
5 (i) turn off, disconnect or shut down any motor or
equipment in the emergency area;
(j) open a container or other thing, or dismantle equipment
in the emergency area;
(k) excavate land or form tunnels in the emergency area;
10 (l) build earthworks or temporary structures, or erect
barriers in the emergency area;
(m) remove to such place as the authorised officer thinks
proper any person who obstructs or threatens to obstruct
emergency management activities;
15 (n) require a person to give the authorised officer reasonable
help to exercise the authorised officer's powers under
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
20 of the place or the owner of the vehicle.
76. General provisions regarding powers
(1) If a person does not comply with a direction under this Division,
an authorised officer may do all such things as are reasonably
necessary to ensure compliance with the direction, using such
25 force as is reasonable in the circumstances.
(2) An authorised officer may exercise a power under this section
with the help, and using the force, that is reasonable in the
circumstances.
(3) The powers of an authorised officer under this Division are in
30 addition to, and not in derogation from, the powers the person
may have under another enactment or other law.
page 40
Emergency Management Bill 2004
State of emergency Part 5
The State Disaster Council Division 4
s. 77
77. General provisions regarding directions
(1) A direction may be given under this Division orally or in
writing.
(2) A direction given orally is to be confirmed in writing within
5 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
direction.
Division 4 -- The State Disaster Council
10 78. State Disaster Council
(1) If a state of emergency is declared, a State Disaster Council is
established.
(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
15 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
while so acting has the functions of chairman.
(5) The State Disaster Council is to include --
20 (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
State Disaster Council.
(7) Subject to this section and the directions of the chairman the
25 State Disaster Council may determine its own procedures.
(8) The State Disaster Council ceases to be established on a day
determined by its chairman.
page 41
Emergency Management Bill 2004
Part 5 State of emergency
Division 4 The State Disaster Council
s. 79
79. Functions of the State Disaster Council
The functions of the State Disaster Council are --
(a) to liaise with the Government and the State Emergency
Coordination Group in relation to the state of
5 emergency;
(b) to provide prompt and accurate advice to the
Government and the State Emergency Coordination
Group in relation to the state of emergency;
(c) to provide support for the Government and the State
10 Emergency Coordination Group in relation to the state
of emergency; and
(d) to perform any other functions as directed by the
Premier.
page 42
Emergency Management Bill 2004
Compensation and insurance Part 6
Compensation Division 1
s. 80
Part 6 -- Compensation and insurance
Division 1 -- Compensation
80. 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 56 or 71, 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.
81. Applying for compensation
(1) A person who suffers loss or damage because of the exercise, or
20 purported exercise, of a power under section 56 or 71 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.
(3) The application is to --
25 (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
(c) be accompanied by such further information as is
prescribed by the regulations.
page 43
Emergency Management Bill 2004
Part 6 Compensation and insurance
Division 1 Compensation
s. 82
(4) The applicant is to provide any other relevant information
required by notice given under section 82 to decide the
application.
(5) Despite subsection (2), the Minister may accept a person's
5 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
application.
82. Lapsing of application
10 (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 --
(a) the required information;
(b) the time by which the information is to be given to the
15 Minister; and
(c) that, if the information is not given to the Minister by
the stated time, the application will lapse.
(2) The stated time is to be reasonable and, in any case, at least
21 days after the notice is given.
20 (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
extension.
(4) A notice may be given under subsection (3) even if the time to
25 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.
(6) In this section --
"information" includes a record relating to information.
page 44
Emergency Management Bill 2004
Compensation and insurance Part 6
Review Division 2
s. 83
83. 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 review of the
10 decision, and how the applicant may apply for
review;
(c) if the Minister decides not to pay compensation -- that
the applicant may apply for review of the decision, and
how the applicant may apply for review.
15 84. Funding of compensation
The Consolidated Fund is charged with the payment of any
compensation the Minister decides to pay under this Part and
any expenses incurred in the administration of this Part, and is
appropriated accordingly.
20 Division 2 -- Review
85. 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
86. Extension of policy of insurance
(1) This section applies to a policy of insurance for damage to
property if --
page 45
Emergency Management Bill 2004
Part 6 Compensation and insurance
Division 3 Policies of insurance
s. 86
(a) damage is caused to the property because of the exercise
of a power, or performance of a function, under this Act
by a person, in good faith, in relation to an emergency;
and
5 (b) the exercise of the power, or performance of the
function, happens for the purpose of protecting --
(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
10 the operation of this section, taken to be damage caused by the
happening of an event for which the policy provides insurance
cover.
(3) A term of a policy of insurance that purports to vary or exclude
the operation of subsection (2) is void.
page 46
Emergency Management Bill 2004
Offences Part 7
s. 87
Part 7 -- Offences
87. 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) for an individual, $50 000;
(b) for a body corporate, $500 000.
10 88. Failure to comply with direction
(1) A person given a direction under section 43, 53, 57 or 58 or
Part 5 Division 3 must comply with the direction.
Penalty:
(a) for an individual, $50 000;
15 (b) for a body corporate, $500 000.
(2) A person must comply with a direction referred to in
subsection (1) despite the provisions of any other Act, or of any
subsidiary legislation made under any other Act, and the person
does not commit an offence by reason of that compliance.
20 89. Failure to give help
A person required to give reasonable help under
section 75(1)(n) must comply with the requirement.
Penalty:
(a) for an individual, $50 000;
25 (b) for a body corporate, $500 000.
90. Impersonation of hazard management officer or authorised
officer
A person must not pretend to be a hazard management officer or
an authorised officer.
30 Penalty: $50 000.
page 47
Emergency Management Bill 2004
Part 7 Offences
s. 91
91. 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) for an individual, $50 000;
10 (b) for a body corporate, $500 000.
92. False compensation claim
A person must not, in or in relation to a claim for compensation
under Part 6, make a statement that the person knows to be false
or misleading in a material particular to, or otherwise mislead,
15 the Minister or any other person.
Penalty:
(a) for an individual, $50 000;
(b) for a body corporate, $500 000.
93. Victimisation because of emergency management activity
20 (1) An employer must not victimise an employee of the employer
for being temporarily absent from employment because of the
carrying out of emergency management activity.
Penalty:
(a) for an individual, $50 000;
25 (b) for a body corporate, $500 000.
(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
30 referred to in subsection (1).
page 48
Emergency Management Bill 2004
Offences Part 7
s. 93
(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 prejudice; or
(c) otherwise disadvantages the employee in his or her
employment with the employer.
(4) For the purposes of this section, an employee carries out an
emergency management activity if --
10 (a) the employee carries out an activity that involves
dealing with an emergency;
(b) the employee carries out the activity on a voluntary
basis;
(c) the employee is a member of, or has a member-like
15 association with, an emergency management agency;
and
(d) the employee was requested by or on behalf of the
emergency management agency to carry out the activity
or no such request was made, but it would be reasonable
20 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.
(5) For the purposes of subsection (4)(b) an employee carries out an
activity on a voluntary basis even if the employee directly or
25 indirectly takes or agrees to take --
(a) an honorarium;
(b) a gratuity; or
(c) a similar payment,
wholly or partly for carrying out the activity.
30 (6) A court that convicts an employer of an offence under this
section may make any order that The Western Australian
page 49
Emergency Management Bill 2004
Part 7 Offences
s. 93
Industrial Relations Commission could make under section 23A
of the Industrial Relations Act 1979.
(7) If proceedings are commenced in a court under subsection (1),
the victim cannot subsequently lodge a claim under the
5 Industrial Relations Act 1979 because of the act and,
conversely, if the victim lodges a claim under that Act because
of the act, proceedings cannot subsequently be commenced
under subsection (1) because of the act.
(8) In this section --
10 "employee" has the same meaning as in the Industrial Relations
Act 1979;
"employer" has the same meaning as in the Industrial Relations
Act 1979.
page 50
Emergency Management Bill 2004
Miscellaneous Part 8
s. 94
Part 8 -- Miscellaneous
94. Expenses
(1) The Minister may approve the payment to an emergency
management agency of expenses that are --
5 (a) incurred by the emergency management agency in
implementing emergency management during an
emergency situation or a state of emergency in
accordance with this Act; and
(b) not otherwise payable out of moneys provided by
10 Parliament for that purpose.
(2) The Consolidated Fund is charged with the payment of any
expenses that are approved under subsection (1) and is
appropriated accordingly.
95. Bodies corporate or employers, conduct on behalf of
15 (1) In this section --
"engaging in conduct" includes failing or refusing to engage in
conduct;
"state of mind" of a person includes --
(a) the knowledge, intention, opinion, belief or purpose
20 of the person; and
(b) the person's reasons for the intention, opinion, belief
or purpose.
(2) This section applies to and in relation to proceedings for an
offence against this Act;
25 (3) If it is necessary to establish the state of mind of a body
corporate in relation to particular conduct, it is sufficient to
show --
(a) that the conduct was engaged in by a director, employee
or agent of the body corporate within the scope of his or
30 her actual or apparent authority; and
page 51
Emergency Management Bill 2004
Part 8 Miscellaneous
s. 96
(b) that the director, employee or agent had the relevant
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
5 or her actual or apparent authority is taken to have been engaged
in also by the body corporate, unless the body 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
10 than a body corporate in relation to particular conduct, it is
sufficient to show --
(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
15 (b) that the employee or agent had the relevant state of
mind.
(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
20 is taken to have been engaged in also by the employer, unless
the employer establishes that the employer took reasonable
precautions and exercised due diligence to avoid the conduct.
96. Body corporate's officers, liability of
(1) In this section --
25 "officer", in relation to a body corporate, has the same meaning
as in the Corporations Act 2001 of the Commonwealth but
does not include an employee of the body unless the
employee was concerned in the management of the body.
(2) If a body corporate is charged with an offence under this Act,
30 every person who was an officer of the body at the time of the
alleged offence may also be charged with the offence.
page 52
Emergency Management Bill 2004
Miscellaneous Part 8
s. 97
(3) If a body corporate and an officer are charged as permitted
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).
5 (4) If a body corporate commits an offence under this Act, then,
although the body is not charged with the offence, every person
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
10 proved that the body corporate committed the offence, the
officer is to be taken to have also committed the offence, subject
to subsection (6).
(6) If under this section an officer is charged with an offence it is a
defence to prove --
15 (a) that the offence was committed without the officer's
consent or connivance; and
(b) that the officer took all the measures to prevent the
commission of the offence that he or she could
reasonably be expected to have taken having regard to
20 the officer's functions and to all the circumstances.
97. Evidentiary matters
(1) In proceedings for an offence against this Act, an allegation in
the complaint of any of the following matters is, in the absence
of evidence to the contrary, taken to be proved --
25 (a) that at a specified time an emergency situation
declaration or a state of emergency declaration was in
force;
(b) that at a specified time a specified area was, or was part
of, an emergency area or a controlled access area
30 established under section 52;
(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 58;
page 53
Emergency Management Bill 2004
Part 8 Miscellaneous
s. 98
(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.
5 (2) Unless the contrary is proved, it is to be presumed that a
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
10 Emergency Coordinator, the chairman of the SEMC, a hazard
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
15 signed by a person who at the time was such a delegate and was
authorised to sign it.
(4) This section is in addition to and does not affect the operation of
the Evidence Act 1906.
98. Protection from liability
20 (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.
(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
25 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
caused by, or by the driving of, a motor vehicle if, at the time of
the death or bodily injury --
30 (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
page 54
Emergency Management Bill 2004
Miscellaneous Part 8
s. 98
(b) there was in force in respect of the vehicle a contract of
insurance in accordance with section 4 of the Motor
Vehicle (Third Party Insurance) Act 1943 or the
corresponding legislation of a State or Territory
5 prescribed for the purposes of section 3(4) of that Act.
(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.
10 (5) In this section a reference to the doing of anything includes a
reference to the omission to do anything.
(6) In this section --
"motor vehicle" has the meaning given in section 3(1) of the
Motor Vehicle (Third Party Insurance) Act 1943;
15 "official" means --
(a) a member of the State Disaster Council, the State
Emergency Management Committee, the State
Emergency Coordination Group, a district emergency
management committee or local emergency
20 management committee;
(b) an authorised officer;
(c) a district emergency coordinator;
(d) a local emergency coordinator;
(e) an emergency management agency;
25 (f) a hazard management officer;
(g) a person acting under the direction or on the
requirement of an authorised officer, a hazard
management officer, or a police officer, under this
Act.
page 55
Emergency Management Bill 2004
Part 8 Miscellaneous
s. 99
99. Regulations as to compensation of volunteers
(1) In this section --
"emergency management activity" means an activity related
to emergency management and prescribed by the
5 regulations;
"volunteer" means a person who --
(a) carries out an emergency management activity; and
(b) carries out the activity --
(i) on a voluntary basis; or
10 (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
takes or agrees to take --
15 (a) an honorarium;
(b) a gratuity; or
(c) a similar payment,
wholly or partly for carrying out the activity.
(3) The Governor may make regulations concerning compensation
20 and insurance of volunteers carrying out emergency
management activities.
(4) Regulations made under this section may require an emergency
management agency to take out and keep current in accordance
with the regulations a policy of insurance that insures volunteers
25 for compensation for injury caused to them while they are
engaged in carrying out emergency management activities.
(5) Without limiting subsections (3) and (4), regulations made
under this section may --
(a) provide for the compensation that is payable for injury
30 caused to a volunteer and the circumstances in which the
compensation is payable;
page 56
Emergency Management Bill 2004
Miscellaneous Part 8
s. 100
(b) prescribe the terms and conditions on and subject to
which insurance is to be provided, including the
amounts of insurance cover to be taken out and kept
current;
5 (c) prescribe classes or categories of volunteers to which
specified provisions or obligations under the regulations
apply or do not apply;
(d) prescribe classes or categories of emergency
management agencies to which specified provisions or
10 obligations under the regulations apply or do not apply;
(e) provide for circumstances in which emergency
management agencies are exempt from the regulations;
and
(f) prescribe a penalty of not more than $50 000, with or
15 without a daily penalty of not more than $10 000, for an
offence against the regulations.
100. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
20 necessary or convenient to be prescribed for giving effect to the
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.
25 101. Review of Act
(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
30 regard to --
(a) whether there is a need for the Act to continue; and
page 57
Emergency Management Bill 2004
Part 8 Miscellaneous
s. 102
(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
5 to be laid before each House of Parliament.
102. Consequential amendment
Schedule 1 has effect.
page 58
Emergency Management Bill 2004
Consequential amendment Schedule 1
Schedule 1 -- Consequential amendment
[s. 102]
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 2003, Table 1, p. 147 and
Act No.50 of 2003.]
(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 59
Emergency Management Bill 2004
Schedule 1 Consequential amendment
(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: $50 000.
(8) A person given a direction under this section shall
comply with the direction.
Penalty: $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 60
Emergency Management Bill 2004
Consequential amendment Schedule 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.
".
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