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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Emergency and Rescue
Management Amendment Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of State Emergency and Rescue Management
Act 1989 No 165 3
Schedule 2 Amendment of State Emergency Service Act 1989 No 164 8
b2009-047-25.d07
New South Wales
State Emergency and Rescue
Management Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the State Emergency and Rescue Management Act 1989 to provide
for the appointment of a State Emergency Recovery Controller; and for other
purposes.
Clause 1 State Emergency and Rescue Management Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the State Emergency and Rescue Management Amendment 3
Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
State Emergency and Rescue Management Amendment Bill 2009
Amendment of State Emergency and Rescue Management Act 1989 No Schedule 1
165
Schedule 1 Amendment of State Emergency and 1
Rescue Management Act 1989 No 165 2
[1] Section 3 Definitions 3
Insert in appropriate order in section 3 (1): 4
recovery agency means the agency identified in Displan as the 5
agency primarily responsible for controlling the recovery from a 6
particular emergency. 7
State Emergency Recovery Controller means the State 8
Emergency Recovery Controller appointed under Part 2. 9
[2] Section 10 Minister 10
Insert after section 10 (3) (b): 11
(c) the State Emergency Recovery Controller. 12
[3] Section 10 (4) 13
Insert ", State Emergency Recovery Controller" after "Controller". 14
[4] Section 11 State Disasters Council 15
Insert after section 11 (3) (b1): 16
(b2) the State Emergency Recovery Controller, and 17
[5] Section 12 State Disaster Plan 18
Omit section 12 (3) (d). Insert instead: 19
(d) specify the responsibilities of the Minister, the State, 20
District or Local Emergency Operations Controller and the 21
State Emergency Recovery Controller. 22
[6] Section 14 State Emergency Management Committee 23
Insert after section 14 (2) (a): 24
(a1) the State Emergency Recovery Controller, and 25
[7] Section 19 Responsibility and functions of State Emergency Operations 26
Controller 27
Omit "or agreed to the Controller assuming" from section 19 (1B) (b). 28
Insert instead "that the Controller assume, or has agreed to the Controller 29
assuming,". 30
Page 3
State Emergency and Rescue Management Amendment Bill 2009
Schedule 1 Amendment of State Emergency and Rescue Management Act 1989 No
165
[8] Part 2, Division 1, Subdivision 5 1
Insert after section 20: 2
Subdivision 5 The State Emergency Recovery Controller 3
20A State Emergency Recovery Controller 4
(1) The Minister may appoint a State Emergency Recovery 5
Controller and a Deputy State Emergency Recovery Controller. 6
(2) The person appointed as the State Emergency Recovery 7
Controller must be a senior executive officer and the person 8
appointed as the Deputy State Emergency Recovery Controller 9
must be a senior executive officer or a senior officer. 10
(3) The persons so appointed must be persons who are, in the opinion 11
of the Minister, experienced in emergency management. 12
(4) During the absence or a vacancy in the office of the State 13
Emergency Recovery Controller, the Deputy State Emergency 14
Recovery Controller has all of the functions of the State 15
Emergency Recovery Controller. 16
(5) Schedule 1 contains provisions with respect to the State 17
Emergency Recovery Controller and the Deputy State 18
Emergency Recovery Controller. 19
(6) In this section: 20
senior executive officer has the same meaning as in the Public 21
Sector Employment and Management Act 2002. 22
senior officer means a person employed in a position in the 23
Public Service for which the rate of salary or wages payable to the 24
person exceed the maximum rate payable for Grade 12, 25
Administrative and Clerical Division, of the Public Service. 26
20B Responsibility and functions of State Emergency Recovery 27
Controller 28
(1) The State Emergency Recovery Controller is, subject to this 29
section, responsible for controlling in accordance with this Act 30
the recovery from an emergency: 31
(a) that affects more than one district, or 32
(b) for which the State Emergency Recovery Controller 33
assumes responsibility. 34
(2) The State Emergency Recovery Controller is not responsible for 35
controlling the recovery from an emergency if there is a single 36
recovery agency primarily responsible under Displan for 37
Page 4
State Emergency and Rescue Management Amendment Bill 2009
Amendment of State Emergency and Rescue Management Act 1989 No Schedule 1
165
controlling the recovery from the emergency, unless the 1
Controller assumes that responsibility in accordance with 2
subsection (3). 3
(3) The State Emergency Recovery Controller may assume 4
responsibility for controlling the recovery from an emergency 5
from the recovery agency primarily so responsible under Displan 6
if: 7
(a) the Controller is satisfied that it is necessary to do so in the 8
particular circumstances of the case, and 9
(b) the recovery agency has requested that the Controller 10
assume, or has agreed to the Controller assuming, that 11
responsibility or, in the case of any disagreement on the 12
matter, the Minister has directed the Controller to do so. 13
(4) The State Emergency Recovery Controller may, if responsible 14
for controlling the recovery from an emergency: 15
(a) issue directions to agencies who have functions in 16
connection with recovery from an emergency, and 17
(b) appoint an officer of an agency to have overall control of 18
particular activities in recovery from an emergency where 19
a number of agencies are involved and those agencies do 20
not agree on the matter. 21
(5) The State Emergency Recovery Controller may assist a recovery 22
agency that is primarily responsible for controlling the recovery 23
from an emergency in carrying out that responsibility. 24
(6) The functions of the State Emergency Recovery Controller may 25
be exercised without the need for a declaration of a state of 26
emergency. 27
[9] Schedule 1, heading 28
Omit the heading and the section reference following the heading. 29
Insert instead: 30
Schedule 1 Provisions relating to Controllers 31
(Sections 18 (4) and 20A (5)) 32
[10] Schedule 1, clause 1 33
Omit the definition of Controller. Insert instead: 34
Controller means the State Emergency Operations Controller, 35
Deputy State Emergency Operations Controller, State 36
Page 5
State Emergency and Rescue Management Amendment Bill 2009
Schedule 1 Amendment of State Emergency and Rescue Management Act 1989 No
165
Emergency Recovery Controller or Deputy State Emergency 1
Recovery Controller. 2
[11] Schedule 1, clause 5 3
Omit the clause. Insert instead: 4
5 Casual vacancies 5
(1) The office of the Controller becomes vacant if the Controller: 6
(a) dies, or 7
(b) completes a term of office and is not re-appointed, or 8
(c) resigns the office by instrument in writing addressed to the 9
Minister, or 10
(d) is removed from office under this clause, or 11
(e) becomes bankrupt, applies to take the benefit of any law 12
for the relief of bankrupt or insolvent debtors, compounds 13
with his or her creditors or makes an assignment of his or 14
her remuneration for their benefit, or 15
(f) becomes a mentally incapacitated person, or 16
(g) is convicted in New South Wales of an offence that is 17
punishable by imprisonment for 12 months or more or is 18
convicted elsewhere than in New South Wales of an 19
offence that, if committed in New South Wales, would be 20
an offence so punishable. 21
(2) The Governor (or, in the case of the State Emergency Recovery 22
Controller or Deputy State Emergency Recovery Controller, the 23
Minister) may remove the Controller from office at any time. 24
[12] Schedule 1, clause 7 25
Omit the clause. Insert instead: 26
7 Chapter 1A of Public Sector Employment and Management Act 27
2002 not to apply 28
Chapter 1A of the Public Sector Employment and Management 29
Act 2002 does not apply to or in respect of the appointment of the 30
Controller. 31
[13] Schedule 2 Provisions relating to members and procedure of emergency 32
management organisations 33
Omit clause 5 (1). Insert instead: 34
Page 6
State Emergency and Rescue Management Amendment Bill 2009
Amendment of State Emergency and Rescue Management Act 1989 No Schedule 1
165
(1) Chapter 1A of the Public Sector Employment and Management 1
Act 2002 does not apply to or in respect of the appointment of a 2
member. 3
[14] Schedule 4 Savings, transitional and other provisions 4
Insert at the end of clause 1 (1): 5
State Emergency and Rescue Management Amendment Act 2009 6
Page 7
State Emergency and Rescue Management Amendment Bill 2009
Schedule 2 Amendment of State Emergency Service Act 1989 No 164
Schedule 2 Amendment of State Emergency Service 1
Act 1989 No 164 2
Section 8 Functions of Service 3
Omit "for, response to and recovery from" from section 8 (1) (f). 4
Insert instead "for and response to, and to assist the State Emergency Recovery 5
Controller to carry out emergency management functions relating to the 6
recovery from," 7
Page 8
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