Emergency Management Act 2004 (SA)

South Australia

Emergency Management Act 2004

An Act to establish strategies and systems for the management of emergencies in the State; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Emergency Management Act 2004.

1. (1)

   The objects of this Act are—

   1. (a)

      to establish an emergency management framework for the State that—

      1. (i)

         promotes prompt and effective decision‑making associated with emergencies; and

      2. (ii)

         makes provision for comprehensive and integrated planning in relation to emergencies; and

   2. (b)

      to promote community resilience and reduce community vulnerability in the event of an emergency.

2. (2)

   The objects of this Act are to be achieved through—

   1. (a)

      establishing the State Emergency Management Committee; and

   2. (b)

      providing for the appointment of a State Co-ordinator; and

   3. (c)

      the preparation, review and maintenance of the State Emergency Management Plan; and

   4. (d)

      making provision for declarations relating to emergencies and disasters; and

   5. (da)

      making provision for declarations relating to electricity supply emergencies; and

   6. (e)

      establishing structures for risk prevention and preparedness; and

   7. (f)

      establishing structures to support a seamless transition from response to recovery in relation to an emergency.

3. (3)

   The guiding principles under this Act are that emergency management arrangements must—

   1. (a)

      be based on an all hazards approach in addressing emergency prevention, preparedness, response and recovery (PPRR); and

   2. (b)

      reflect the collective responsibility of all sectors of the community, including both State and local government, the business and non‑government sectors, and individuals; and

   3. (c)

      recognise that effective arrangements require a co-ordinated approach from all sectors of the community, including both State and local government, the business and non‑government sectors, and individuals.

In this Act, unless the contrary intention appears—

Assistant State Co-ordinator—see section 16;

authorised officer means a police officer or a person appointed as an authorised officer under section 17;

Chief Public Health Officer means the Chief Public Health Officer under the South Australian Public Health Act 2011 and includes a person for the time being acting in that position;

control agency—see section 20;

co-ordinating agency—see section 19;

disaster—see section 24;

electricity supply emergency—see section 27B;

emergency means an event (whether occurring in the State, outside the State or in and outside the State) that causes, or threatens to cause—

1. (a)

   the death of, or injury or other damage to the health of, any person; or

2. (b)

   the destruction of, or damage to, any property; or

3. (c)

   a disruption to essential services or to services usually enjoyed by the community; or

4. (d)

   harm to the environment, or to flora or fauna;

Note—

This is not limited to naturally occurring events (such as earthquakes, floods or storms) but would, for example, include fires, explosions, accidents, epidemics, pandemics, emissions of poisons, radiation or other hazardous agents, hijacks, sieges, riots, acts of terrorism and hostilities directed by an enemy against Australia.

identified major incident—see section 22;

major…