Emergency Management Act 2013 (Vic)

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Version No. 023

Emergency Management Act 2013

No. 73 of 2013

Version incorporating amendments as at


22 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Interpretation

5Objectives of Act

Part 2—State Crisis and Resilience Council

6State Crisis and Resilience Council

7Role of State Crisis and Resilience Council

8Constitution of the State Crisis and Resilience Council

9Procedure of the State Crisis and Resilience Council

10Standing subcommittees

11Work plans

12Strategic Action Plan

13Implementation of the Strategic Action Plan and work programs

Part 3—Emergency Management Victoria

14Establishment of Emergency Management Victoria

15Emergency Management Victoria is a body corporate

16Constitution of Emergency Management Victoria

17Functions of Emergency Management Victoria

18Powers of Emergency Management Victoria

19Delegation

20Chief Executive, Emergency Management Victoria

21Functions of the Chief Executive, Emergency Management Victoria

22Powers of the Chief Executive, Emergency Management Victoria

23Provision of staff and contractors

Part 4—Emergency Management Commissioner

Division 1—Appointment, functions and general powers

24Establishment

25Appointment

26Remuneration and allowances

27Terms and conditions

28Resignation or vacancy in office

29Suspension and removal from office

30Acting Emergency Management Commissioner

31Delegation

32Functions of the Emergency Management Commissioner

33Powers of the Emergency Management Commissioner

34Information to be provided to Emergency Management Commissioner

35Information gathering

36Constraints on access to information not to apply

Division 2—Control of response activities

37Control of emergency response to Class 1 emergency

38Control of response to fire other than a major fire

39Control of emergency response to Class 2 emergencies

40Emergency Management Commissioner may advise or direct officers to exercise control powers

40ARegional and municipal district emergency response coordinators

40BSenior Police Liaison Officer

41Division to prevail

Division 3—Community warnings about fires

42Emergency Management Commissioner must ensure community is warned about fires

43Responsibility to issue warnings and provide information

44Emergency Management Commissioner may issue guidelines, procedures and protocols in relation to duty to warn the community

Division 4—Consequence management

45Consequence management

Division 5—Recovery

46Emergency Management Commissioner to be responsible for recovery coordination

47Provision of information in relation to recovery

Division 6—Operational standards for responder agencies

48Emergency Management Commissioner to develop operational standards for responder agencies

49Emergency Management Commissioner must give operational standards to certain persons

Division 7—Incident management operating procedures

50Incident management operating procedures

51Emergency Management Commissioner must give incident management operating procedures to certain persons

52Publication of incident management operating procedures on Internet

Part 5—Regional Emergency Management Planning Committees

53Establishment of Regional Emergency Management Planning Committees

54Constitution of Regional Emergency Management Planning Committees

55Chairperson of each Regional Emergency Management Planning Committee

56Procedure of Regional Emergency Management Planning Committees

57Functions of Regional Emergency Management Planning Committees

58Powers of Regional Emergency Management Planning Committees

Part 6—Municipal Emergency Management Planning Committees

59Establishment of Municipal Emergency Management Planning Committees

59AConstitution of Municipal Emergency Management Planning Committees

59BChairperson of each Municipal Emergency Management Planning Committee

59CProcedure of Municipal Emergency Management Planning Committees

59DFunctions of Municipal Emergency Management Planning Committees

59EPowers of Municipal Emergency Management Planning Committees

59FFunctions of municipal councils

59GMunicipal emergency management officers

59HMunicipal recovery managers

Part 6A—Emergency management plans

Division 1—General

60AAPrinciples underlying the preparation and contents of emergency management plans

60ABDefinitions

Division 2—Preparation of emergency management plans

60ACGeneral requirement on relevant preparers

60ADPreparation of state emergency management plan

60ADAPreparation of regional emergency management plans

60ADBPreparation of municipal emergency management plans

60AEContents of emergency management plans

Division 3—Consultation during preparation

60AFConsultation during preparation of state emergency management plan

60AFAConsultation during preparation of regional emergency management plans

60AFBConsultation during preparation of municipal emergency management plans

Division 4—Approval, publication and review process

60AGSubmission of statement of assurance to relevant approver

60AHApproval of emergency management plan

60AIPublication of emergency management plan

60AJWhen does an emergency management plan come into effect?

60AKCompliance with emergency management plan

60ALDirection to comply

60AMUrgent update of emergency management plan

60ANReview of emergency management plan

Part 7—Inspector-General for Emergency Management

60ADefinition

61Inspector-General for Emergency Management

61ARemuneration and allowances

61BTerms and conditions

61CResignation or vacancy in office

61DSuspension and removal from office

61EActing Inspector-General for Emergency Management

62Objectives of the Inspector-General for Emergency Management

63Delegation

63AProvision of staff and contractors

64Functions of the Inspector-General for Emergency Management

65Provisions relating to the assurance framework

66Provisions relating to system review

67Provisions relating to advice and reports

68Powers of the Inspector-General for Emergency Management

69Information gathering for the purposes of section 64(1)

70Provisions for reviews and reports for the purposes of section 64(1)

70APower of entry

70BReasonable assistance to be given to Inspector-General for Emergency Management

71Monitoring of Triple Zero Victoria

72Confidential information

73Constraints on access to information not to apply

74Protection of person providing information

Part 7A—Critical infrastructure resilience

Division 1—Preliminary

74AObject of this Part

74BDefinitions

74CWhat is an essential service?

Division 2—Assessment of infrastructure

74DAssessment of infrastructure

74EDesignation of vital critical infrastructure

Division 3—Responsibilities in relation to critical infrastructure

74FWho is the relevant Minister?

74GDelegation by relevant Minister

74HWho is the responsible entity?

74INomination of Industry Accountable Officer

Division 4—Victorian Critical Infrastructure Register

74JVictorian Critical Infrastructure Register

74KAccess to the Victorian Critical Infrastructure Register

74LReview of Victorian Critical Infrastructure Register

Division 5—Resilience improvement cycle

74MResilience improvement cycle

74NStatement of assurance

74OPowers of relevant Minister

74PEmergency risk management plan and documentation

74QExercise by responsible entity

74RRelevant Minister to review exercise

74SResponsible entity to conduct audit

74TAudit certificate and findings

74URelevant Minister may request second audit

Division 6—General

74VOffences

74WGuidelines

74XSavings and transitional

Part 8—General

75Immunity

76Regulations

76AAdditional regulation making powers

77Guidelines for purposes of Parts 5, 6 and 6A

77ADeclaration of regions—Orders in Council

Part 9—Transitional provisions

78Assurance framework

79Regional and municipal district emergency response coordinators

80Senior Police Liaison Officer

81Municipal emergency management plan

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 023

Emergency Management Act 2013

No. 73 of 2013

Version incorporating amendments as at


22 October 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to—

(a)establish new governance arrangements for emergency management in Victoria; and

(b)repeal the Fire Services Commissioner Act 2010; and

(c)consequentially amend emergency management legislation and certain other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision referred to in subsection (1) does not come into operation before 1 September 2014, it comes into operation on that day.

3Definitions

In this Act—

Ambulance Service—Victoria has the same meaning as in section 3(1) of the Ambulance Services Act 1986;

Chief Officer—

(a)means the following—

(i)the Fire Rescue Commissioner of Fire Rescue Victoria;

(ii)the Chief Officer of the Country Fire Authority;

(iii)the Chief Fire Officer, Department of Environment, Land, Water and Planning;

(iv)the Chief Officer, Operations of the Victoria State Emergency Service Authority; and

(b)includes any person nominated by a person referred to in paragraph (a) to exercise the powers of that person under section 38;

Class 1 emergency means—

(a)a major fire; or

(b)any other major emergency for which Fire Rescue Victoria, the Country Fire Authority or the Victoria State Emergency Service Authority is the control agency under the state emergency management plan;

Class 2 emergency means a major emergency which is not—

(a)a Class 1 emergency; or

(b)a warlike act or act of terrorism, whether directed at Victoria or a part of Victoria or at any other State or Territory of the Commonwealth; or

(c)a hi-jack, siege or riot;

consequence management has the meaning given by section 45;

Country Fire Authority means the Country Fire Authority established under the Country Fire Authority Act 1958;

Department has the same meaning as it has in section 4(1) of the Public Administration Act 2004;

Department Head has the same meaning as it has in section 4(1) of the Public Administration Act 2004;

emergency means an emergency due to the actual or imminent occurrence of an event which in any way endangers or threatens to endanger the safety or health of any person in Victoria or which destroys or damages, or threatens to destroy or damage, any property in Victoria or endangers or threatens to endanger the environment or an element of the environment in Victoria including, without limiting the generality of the foregoing—

(a)an earthquake, flood, wind-storm or other natural event; and

(b)a fire; and

(c)an explosion; and

(d)a road accident or any other accident; and

(e)a plague or an epidemic or contamination; and

(f)a warlike act or act of terrorism, whether directed at Victoria or a part of Victoria or at any other State or Territory of the Commonwealth; and

(g)a hi-jack, siege or riot; and

(h)a disruption to an essential service;

emergency management means the arrangements for, or in relation to—

(a)the mitigation of emergencies; and

(b)the response to emergencies; and

(c)the recovery from emergencies;

Emergency Management Commissioner means the office established under section 24;

emergency management plan means one of the following—

(a)the state emergency management plan;

(b)a regional emergency management plan;

(c)a municipal emergency management plan;

emergency management sector means the sector comprising all agencies, bodies, Departments and other persons who have a responsibility, function or other role in emergency management;

Emergency Management Victoria means the body corporate established under section 14;

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Fire Rescue Victoria means Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958;

fire services agency means any of the following—

(a)Fire Rescue Victoria;

(b)the Country Fire Authority;

(c)the Secretary to the Department of Environment, Land, Water and Planning;

fire services reform action plan means the plan developed under section 12 of the Fire Services Commissioner Act 2010 as in force immediately before the commencement of section 77;

IBAC has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011;

incident management operating procedures means operating procedures developed under section 50;

Inspector-General for Emergency Management means the office established under section 61;

major emergency means—

(a)a large or complex emergency (however caused) which—

(i)has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or

(ii)has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or

(iii)requires the involvement of 2 or more agencies to respond to the emergency; or

(b)a Class 1 emergency; or

(c)a Class 2 emergency;

major fire means a large or complex fire (however caused) which—

(a)has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or

(b)has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or

(c)requires the involvement of 2 or more fire services agencies to suppress the fire; or

(d)will, if not suppressed, burn for more than one day;

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mitigation means the elimination or reduction of the incidence or severity of emergencies and the minimisation of their effects;

Municipal Association of Victoria means the body corporate established under the Municipal Association Act 1907;

municipal council has the same meaning as Council in section 3(1) of the Local Government Act 2020;

municipal district has the same meaning as in section 3(1) of the Local Government Act 2020;

municipal emergency management plan, in relation to a municipal district, means a plan for that municipal district prepared by the Municipal Emergency Management Planning Committee for that municipal district in accordance with Division 2 of Part 6A and includes any updated municipal emergency management plan for that municipal district;

Municipal Emergency Management Planning Committee means a body established by section 59;

police officer has the same meaning as in the Victoria Police Act 2013;

recovery means the assisting of persons and communities affected by emergencies to achieve a proper and effective level of functioning;

region means (other than in Part 7A) 2 or more municipal districts (and, if relevant, any area or areas of the State that are not part of a municipal district) that are declared to be a region under section 77A;

regional emergency management plan, in relation to a region, means a plan for that region prepared by the relevant Regional Emergency Management Planning Committee in accordance with Division 2 of Part 6A and includes any updated regional emergency management plan for that region;

Regional Emergency Management Planning Committee means a body established by section 53;

responder agency means the following—

(a)Fire Rescue Victoria;

(b)the Country Fire Authority;

(c)the Victoria State Emergency Service Authority;

(d)the Secretary to the Department of Environment, Land, Water and Planning;

(e)any other agency prescribed to be a responder agency;

response means the combating of emergencies and the provision of rescue services;

Secretary to the Department of Environment, Land, Water and Planning means the Secretary to the Department of Environment, Land, Water and Planning when performing its fire suppression functions, including under section 62(2)(a) of the Forests Act 1958;

State Crisis and Resilience Council means the Council established under section 6;

state emergency management plan means the plan prepared by the Emergency Management Commissioner in accordance with Division 2 of Part 6A and includes an updated state emergency management plan;

*                *                *                *                *

*                *                *                *                *

State Response Controller means a person appointed as a State Response Controller under section 37;

Strategic Action Plan means the plan prepared under section 12;

Triple Zero Victoria has the same meaning as in the Triple Zero Victoria Act 2023;

Victoria Police means the body established by section 6 of the Victoria Police Act 2013;

Victoria State Emergency Service Authority means the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005;

work program means a work program for an agency included in a Strategic Action Plan.

4Interpretation

(1)This Act must be read and construed as one with the Emergency Management Act 1986.

(2)Unless inconsistent with the context or subject-matter, words or expressions defined in the Emergency Management Act 1986 have the same meaning in this Act.

5Objectives of Act

The objectives of this Act are to—

(a)foster a sustainable and efficient emergency management system that minimises the likelihood, effect and consequences of emergencies; and

(b)establish efficient governance arrangements that—

(i)clarify the roles and responsibilities of agencies; and

(ii)facilitate cooperation between agencies; and

(iii)ensure the coordination of emergency management reform within the emergency management sector; and

(c)implement an "all communities—all emergencies" approach to emergency management; and

(d)establish integrated arrangements for emergency management planning in Victoria at the State, regional and municipal levels.

PART 2—STATE CRISIS AND RESILIENCE COUNCIL

6State Crisis and Resilience Council

The State Crisis and Resilience Council is established.

7Role of State Crisis and Resilience Council

The role of the State Crisis and Resilience Council is—

(a)to act as the peak crisis and emergency management advisory body in Victoria responsible for providing advice to the Minister in relation to—

(i)the whole of government policy and strategy for emergency management in Victoria; and

(ii)the implementation of that policy and strategy; and

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(c)to consider the state emergency management plan submitted by the Emergency Management Commissioner to the State Crisis and Resilience Council for approval; and

(d)when consulted, to provide advice on any guidelines to be issued by the Minister under section 77; and

(e)when consulted, to provide advice to the Minister on declaring regions under section 77A.

8Constitution of the State Crisis and Resilience Council

(1)The State Crisis and Resilience Council consists of the following members—

(a)the Department Head of each Department;

(b)the Chief Commissioner of Police;

(c)the Chief Executive, Emergency Management Victoria;

(d)the Emergency Management Commissioner;

(e)the Inspector-General for Emergency Management as an observer;

(f)the Chief Executive Officer of the Municipal Association of Victoria as a representative of local government.

(2)The Secretary for the Department of Premier and Cabinet is the Chairperson of the State Crisis and Resilience Council.

(3)The Secretary for the Department of Justice and Community Safety is the Deputy Chairperson of the State Crisis and Resilience Council.

(4)A member of the State Crisis and Resilience Council may nominate a person who holds a specified office to act as alternate member.

(5)An alternate member has, while acting for the member, the powers and authority of the member.

(6)The Inspector-General for Emergency Management cannot vote on any matter or propose a resolution at a meeting of the State Crisis and Resilience Council but is otherwise entitled to participate in the business of the meeting.

(7)The Chief Executive, Emergency Management Victoria and the Emergency Management Commissioner are responsible for advising the State Crisis and Resilience Council in relation to any matter being considered by the State Crisis and Resilience Council on behalf of the following—

(a)Fire Rescue Victoria;

(b)the Country Fire Authority;

(c)the Victoria State Emergency Service Authority;

(d)Triple Zero Victoria.

9Procedure of the State Crisis and Resilience Council

(1)Subject to this Act, the State Crisis and Resilience Council may regulate its own procedure.

(2)The State Crisis and Resilience Council must meet at least 4 times each year.

(3)A quorum at a meeting of the State Crisis and Resilience Council consists of the Chairperson and 4 other members other than the Inspector‑General for Emergency Management.

10Standing subcommittees

(1)The State Crisis and Resilience Council may establish as many standing subcommittees as it considers necessary to enable it to perform its functions.

(2)The State Crisis and Resilience Council must determine the terms of reference of a standing subcommittee.

(3)The State Crisis and Resilience Council must appoint the members of a standing subcommittee.

(4)The State Crisis and Resilience Council must appoint one of the members of a standing subcommittee to be the chairperson.

11Work plans

(1)A standing subcommittee must complete a work plan having regard to—

(a)its terms of reference; and

(b)any relevant provisions of the Strategic Action Plan.

(2)A work plan must include things to be done, projects to be undertaken or measures to be met, to enhance emergency management in relation to the designated subject matter area of the standing subcommittee.

(3)A standing subcommittee must submit a work plan to the State Crisis and Resilience Council for approval—

(a)each year; or

(b)at any other interval determined by the State Crisis and Resilience Council.

12Strategic Action Plan

(1)The State Crisis and Resilience Council must develop a rolling three-year Strategic Action Plan to be submitted to the Minister for approval.

(2)In preparing the Strategic Action Plan, the State Crisis and Resilience Council may include any provisions and actions included in the fire services reform action plan which the State Crisis and Resilience Council considers are necessary or appropriate to be continued under the new emergency management governance arrangements.

(3)Without limiting the generality of subsection (2), the Strategic Action Plan must include a work program for each agency.

(4)A work program must include in respect of the agency to which it applies—

(a)things to be done, projects to be undertaken or measures to be met by the agency to enhance the agency's operational capacity and capability including, where relevant, encouraging, strengthening and maintaining the capacity and capability of volunteers and the community; and

(b)things to be done, projects to be undertaken or measures to be met, to improve the agency's capacity to operate together with other agencies in planning and preparing for the response to, and in responding to, major emergencies.

(5)The State Crisis and Resilience Council must consult with each agency in developing a work program.

(6)The State Crisis and Resilience Council must in developing a work program have regard to the resources of the agency.

(7)Before approving the Strategic Action Plan, the Minister must consult with other relevant Ministers.

(8)The Minister may approve the Strategic Action Plan.

(9)The State Crisis and Resilience Council must cause the Strategic Action Plan, as approved by the Minister, to be published on Emergency Management Victoria's Internet site.

(10)In this section and section 13, agency means a responder agency or Triple Zero Victoria.

13Implementation of the Strategic Action Plan and work programs

(1)Without limiting the generality of section 13 of the Public Administration Act 2004, the responsibility of a Department Head under that section includes ensuring that the Department implements any relevant part of the Strategic Action Plan.

(2)The Chief Executive, Emergency Management Victoria and the Emergency Management Commissioner must use their best endeavours to ensure that an agency implements its work program.

(3)An agency must implement its work program.

(4)The State Crisis and Resilience Council must—

(a)monitor the implementation of the Strategic Action Plan and work programs; and

(b)report to the Minister at regular intervals on the progress of implementation of the Strategic Action Plan and work programs.

PART 3—EMERGENCY MANAGEMENT VICTORIA

14Establishment of Emergency Management Victoria

Emergency Management Victoria is established.

15Emergency Management Victoria is a body corporate

(1)Emergency Management Victoria—

(a)is a body corporate with perpetual succession; and

(b)has an official seal; and

(c)may sue and be sued; and

(d)may acquire, hold and dispose of real and personal property; and

(e)may do and suffer all acts and things that a body corporate may by law do and suffer.

(2)All courts must take judicial notice of the official seal of Emergency Management Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

(3)The official seal of Emergency Management Victoria must—

(a)be kept in such custody as Emergency Management Victoria determines; and

(b)not be used except as authorised by Emergency Management Victoria.

16Constitution of Emergency Management Victoria

Emergency Management Victoria consists of 2 members being—

(a)the Chief Executive, Emergency Management Victoria; and

(b)the Emergency Management Commissioner.

17Functions of Emergency Management Victoria

(1)Emergency Management Victoria has the functions conferred on Emergency Management Victoria under this Act or any other Act.

(2)Without limiting the generality of subsection (1), Emergency Management Victoria has the following functions—

(a)to act as the agency responsible for the coordination of the development of the whole of government policy for emergency management in Victoria;

(b)to provide policy advice to the Minister in relation to emergency management;

(c)to implement emergency management reform initiatives given to Emergency Management Victoria by the Minister;

(d)to liaise with the Commonwealth Government on emergency management;

(e)to provide support to the Emergency Management Commissioner to enable the Emergency Management Commissioner to perform the functions conferred on the Emergency Management Commissioner under this Act.

(3)In performing its functions, Emergency Management Victoria must—

(a)have regard to decisions made by the State Crisis and Resilience Council; and

(b)collaborate and consult with the emergency management sector; and

(c)have regard to the fundamental importance of the role that volunteers play in the performance of emergency management functions in Victoria.

18Powers of Emergency Management Victoria

Emergency Management Victoria has power to do all things that are necessary or convenient to be done for or in connection with, the performance of its functions.

19Delegation

Emergency Management Victoria, by instrument, may delegate any function or power of Emergency Management Victoria under this Act or any other Act, other than this power of delegation, to—

(a)any person or class of persons employed or engaged in the administration of this Act; or

(b)any person employed under Part 3 of the Public Administration Act 2004.

20Chief Executive, Emergency Management Victoria

(1)There is to be a Chief Executive, Emergency Management Victoria.

(2)The Chief Executive, Emergency Management Victoria is to be employed under Part 3 of the Public Administration Act 2004.

(3)The Chief Executive, Emergency Management Victoria is responsible to the Secretary for the Department of Justice and Community Safety for—

(a)the general management and conduct of the activities of Emergency Management Victoria; and

(b)the effective, efficient and economical performance and exercise by Emergency Management Victoria of its functions and powers.

21Functions of the Chief Executive, Emergency Management Victoria

Without derogating from the functions of the Chief Executive, Emergency Management Victoria, the functions of the Chief Executive, Emergency Management Victoria include the following—

(a)to provide advice and make recommendations to the Minister on any issue relating to the functions of—

(i)Emergency Management Victoria; or

(ii)the Chief Executive, Emergency Management Victoria—

having regard where relevant to any guidance or advice provided to the Chief Executive, Emergency Management Victoria by the State Crisis and Resilience Council;

(b)to take a lead role in coordinating investment planning and large-scale strategic projects on behalf of the responder agencies including but not limited to matters relating to the following—

(i)major procurement;

(ii)communications and information systems;

(iii)emergency management planning processes for the purpose of achieving greater efficiency and effectiveness in the delivery of emergency management services.

22Powers of the Chief Executive, Emergency Management Victoria

(1)The Chief Executive, Emergency Management Victoria has power to do all things that are necessary or convenient to be done for or in connection with, the performance of the functions of the Chief Executive, Emergency Management Victoria.

(2)The Chief Executive, Emergency Management Victoria, by instrument, may delegate any function or power of the Chief Executive, Emergency Management Victoria under this Act, other than this power of delegation, to any person or class of persons employed or engaged in the administration of this Act.

23Provision of staff and contractors

(1)The Secretary for the Department of Justice and Community Safety must ensure that persons employed under Part 3 of the Public Administration Act 2004 are made available to assist Emergency Management Victoria in the performance of the functions and the exercise of the powers of Emergency Management Victoria.

(2)Emergency Management Victoria may enter into agreements or arrangements with a person or body for the purpose of obtaining appropriate expertise to assist Emergency Management Victoria in the performance of the functions and the exercise of the powers of Emergency Management Victoria.

PART 4—EMERGENCY MANAGEMENT COMMISSIONER

Division 1—Appointment, functions and general powers

24Establishment

(1)There is to be an Emergency Management Commissioner.

(2)The Emergency Management Commissioner is the successor in law to the Fire Services Commissioner under the Fire Services Commissioner Act 2010 as in force immediately before the commencement of section 77.

25Appointment

(1)Subject to subsection (2), the Governor in Council may appoint a person as Emergency Management Commissioner.

(2)A person is not eligible for appointment unless the Governor in Council is satisfied that the person has appropriate management, professional, technical and operational expertise in emergency management.

26Remuneration and allowances

(1)The Emergency Management Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.

(2)The remuneration of the Emergency Management Commissioner cannot be reduced during his or her term of office unless he or she consents to the reduction.

27Terms and conditions

(1)The Emergency Management Commissioner—

(a)holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment; and

(b)is eligible for re-appointment; and

(c)holds office on the terms and conditions determined by the Governor in Council.

(2)The Emergency Management Commissioner must be appointed on a full-time basis.

28Resignation or vacancy in office

The Emergency Management Commissioner ceases to hold office if he or she—

(a)resigns by notice in writing delivered to the Governor in Council; or

(b)becomes an insolvent under administration; or

(c)is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d)nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or

(e)is suspended or removed from office under section 29.

29Suspension and removal from office

The Governor in Council may suspend or remove the Emergency Management Commissioner from office on any of the following grounds—

(a)misconduct;

(b)neglect of duty;

(c)inability to perform the duties of the office;

(d)any other ground on which the Governor in Council is satisfied that the Emergency Management Commissioner is unfit to hold office.

30Acting Emergency Management Commissioner

(1)If the Emergency Management Commissioner ceases to hold office in accordance with section 28, the Minister must appoint a person to act in the office of Emergency Management Commissioner.

(1A)The Minister may appoint a person to act in the office of the Emergency Management Commissioner during a period when the Emergency Management Commissioner is absent from duty.

(2)Subject to this section, a person appointed under subsection (1) or (1A) can be appointed for a period not exceeding 12 weeks.

(3)If the Minister considers it necessary to do so, the Minister may extend the period of appointment under subsection (2) for a further period not exceeding 12 weeks or further periods each of which must not exceed 12 weeks.

(4)While a person is acting in the office of Emergency Management Commissioner, the person—

(a)has and may exercise all the powers and must perform all the functions of that office; and

(b)is entitled to be paid the remuneration and allowances which the Emergency Management Commissioner would have been entitled to.

(5)If the Emergency Management Commissioner is unable to perform the duties of the office of Emergency Management Commissioner and the Minister has not appointed a person to act in the office of Emergency Management Commissioner, the Chief Commissioner of Police must by virtue of this subsection, act in the office of the Emergency Management Commissioner until—

(a)the Emergency Management Commissioner is able to perform the duties of the office of Emergency Management Commissioner; or

(b)the Minister appoints a person to act in the office of the Emergency Management Commissioner; or

(c)the Governor in Council appoints a person to be the Emergency Management Commissioner—

whichever first occurs.

(6)If the Chief Commissioner of Police is acting in the office of Emergency Management Commissioner under subsection (5), the Chief Commissioner of Police has and may exercise all the powers and must perform all the functions of that office.

31Delegation

The Emergency Management Commissioner, by instrument, may delegate any function or power conferred on the Emergency Management Commissioner by or under this Act (other than this power of delegation) or any other Act to any person who in the opinion of the Emergency Management Commissioner has relevant emergency management experience.

32Functions of the Emergency Management Commissioner

(1)The functions of the Emergency Management Commissioner are to—

(a)be responsible for the coordination of the activities of agencies having roles or responsibilities in relation to the response to Class 1 emergencies or Class 2 emergencies; and

(b)ensure that control arrangements are in place during a Class 1 emergency or a Class 2 emergency and that the relevant agencies act in accordance with the state emergency management plan and any directions made under section 60AL; and

(c)appoint a State Response Controller in relation to a Class 1 emergency; and

(d)manage the State's primary control centre on behalf of, and in collaboration with, all agencies that may use the primary control centre for emergencies; and

(e)ensure that the Minister is provided with timely and up to date information in relation to—

(i)the actual or imminent occurrence of events which may lead to major emergencies; and

(ii)the response to major emergencies; and

(f)be responsible for consequence management for a major emergency in accordance with section 45; and

(g)be responsible for coordinating recovery under Division 5; and

(h)lead and promote the implementation of the Strategic Action Plan to the extent that it relates to the improvement of the operational capability of responder agencies; and

(i)where relevant, oversee the continuation of the operational reforms provided for in the fire services reform action plan; and

(j)develop and maintain operational standards for the performance of emergency management functions by responder agencies; and

(k)develop and maintain incident management operating procedures for responder agencies; and

(l)coordinate data collection and impact assessment processes; and

(m)provide advice to the Minister on any matter relating to the functions of the Emergency Management Commissioner; and

(ma)issue guidelines in relation to community emergency management planning; and

(mb)be responsible for the preparation and review of the state emergency management plan; and

(mc)consider any regional emergency management plan submitted by a Regional Emergency Management Planning Committee for approval; and

(md)provide guidance to Regional Emergency Management Planning Committees in relation to compliance with the requirements of Parts 5 and 6A; and

(me)share information with Regional Emergency Management Planning Committees to assist effective emergency management planning in accordance with Part 6A; and

(n)perform any other function conferred on the Emergency Management Commissioner by or under this or any other Act.

(2)In performing the functions specified in this section, the Emergency Management Commissioner must have regard to the fundamental importance of the role that volunteers play in the performance of emergency management functions in Victoria.

33Powers of the Emergency Management Commissioner

The Emergency Management Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the functions of the Emergency Management Commissioner.

34Information to be provided to Emergency Management Commissioner

(1)For the purpose of enabling the Emergency Management Commissioner to perform the functions specified in section 32(1)(a), (b) and (e), the appointed State Response Controller or relevant control agency under the state emergency management plan must provide such information in relation to control arrangements to the Emergency Management Commissioner as the Emergency Management Commissioner may request.

(2)For the purpose of enabling the Emergency Management Commissioner to perform the function specified in section 32(1)(f), an agency must provide such information in relation to consequence management to the Emergency Management Commissioner as the Emergency Management Commissioner may request.

35Information gathering

(1)The Emergency Management Commissioner, by written notice, may require an agency or a Department to give to the Emergency Management Commissioner any information that the Emergency Management Commissioner reasonably believes is necessary for the purposes of performing the functions specified in section 32(1)(j), (k) and (l).

(2)Within 28 days of receiving a notice under subsection (1), the agency or Department must give the information to the Emergency Management Commissioner, unless—

(a)the Emergency Management Commissioner has agreed to allow an extension of time for the giving of the information; or

(b)the Emergency Management Commissioner has agreed that the agency or Department is not able to give the information.

(3)If the Emergency Management Commissioner reasonably believes that it is urgent that information that he or she has required to be given under a notice under subsection (1), be given within a lesser time than that specified in subsection (2), the Emergency Management Commissioner may specify a lesser period for the giving of the information and the information must be given within the period so specified.

(4)If the Emergency Management Commissioner has agreed to allow an extension of time under subsection (2), the agency or Department must give the information to the Emergency Management Commissioner within the time agreed on.

36Constraints on access to information not to apply

(1)No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or furnished to persons employed in the public service or by an agency, if imposed by or under an Act or rule of law, applies to the disclosure of information required by the Emergency Management Commissioner under section 35.

(2)The Emergency Management Commissioner or any other person must not divulge or communicate, except to another person performing duties under this Act, any information which has come to the knowledge of the Emergency Management Commissioner by reason, directly or indirectly of subsection (1), if the person from whom that information was obtained could not, but for that subsection, lawfully have divulged that information to the Emergency Management Commissioner or other person.

Division 2—Control of response activities

37Control of emergency response to Class 1 emergency

(1)The Emergency Management Commissioner (acting in accordance with the state emergency management plan) must appoint a State Response Controller to be responsible for the control of response activities in relation to—

(a)planning for each anticipated Class 1 emergency in any area of the State; and

(b)each Class 1 emergency in any area of the State that is occurring or has occurred.

(2)The Emergency Management Commissioner must appoint as the State Response Controller a person who in the opinion of the Emergency Management Commissioner has relevant expertise in managing hazards relevant to the Class 1 emergency.

(3)The appointment of the State Response Controller under subsection (1) has effect for the period specified in writing by the Emergency Management Commissioner.

(4)If the Emergency Management Commissioner considers that it is necessary to do so because the control response is not being exercised effectively, the Emergency Management Commissioner may—

(a)direct the State Response Controller as to the exercise of specified control response activities; or

(b)override or exercise specified control response activities.

(5)A State Response Controller (acting in accordance with the state emergency management plan) may appoint one or more controllers for a Class 1 emergency who has or have relevant expertise in managing hazards relevant to the Class 1 emergency.

(6)The appointment of a controller under subsection (5) has effect for the period specified in writing by the State Response Controller.

(6A)The Emergency Management Commissioner—

(a)may endorse persons who have relevant expertise in managing hazards relevant to a Class 1 emergency as controllers; and

(b)must ensure that a current list of endorsed controllers is maintained.

(6B)In accordance with the state emergency management plan, a State Response Controller (or a controller as directed by a State Response Controller) may deploy to a Class 1 emergency a person who is endorsed as a controller under subsection (6A)(a).

(6C)The State Response Controller must ensure that a written record of the deployment of a controller under subsection (6B) is made within 24 hours after the period of the deployment commences.

(7)The State Response Controller or an appointed or deployed controller has in relation to the Class 1 emergency all the powers and authorities that the Chief Officer of the relevant control agency under the state emergency management plan has conferred on that Chief Officer by the relevant Act under which the relevant control agency is established.

38Control of response to fire other than a major fire

(1)In this section, fire means a fire other than a major fire.

(2)This section applies if there is a fire which is burning, or a fire may occur or which has occurred, in any area of the State.

(3)The Chief Officers of the fire services agencies may, by agreement, appoint the Chief Officer or another officer of one of the agencies to have the overall control of response activities in relation to the fire.

(4)In the absence of an agreement under subsection (3), the Emergency Management Commissioner may direct a Chief Officer of a fire services agency to appoint a Chief Officer or another officer of one of the fire services agencies to have the overall control of response activities in relation to the fire.

(5)A Chief Officer or other officer appointed under subsection (3) or (4) may—

(a)appoint one or more controllers for the fire; or

(b)transfer control of any response activity to one or more other persons.

(6)An appointment of an officer under subsection (3) or (4) or a controller under subsection (5)(a) has effect for the period specified in the instrument of appointment.

(7)Any officer appointed under subsection (3) or (4) or a controller appointed under subsection (5)(a) may exercise the powers and authorities conferred by the Country Fire Authority Act 1958 on the Chief Officer of the Country Fire Authority in relation to the control of response activities in relation to the fire in relation to which he or she has overall control.

39Control of emergency response to Class 2 emergencies

(1)The officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency may, with the consent of the officer in charge of another agency and in accordance with the state emergency management plan, transfer control of any response activity in relation to that emergency to any officer of that other agency.

(2)Acting in accordance with the state emergency management plan, the officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency or an officer in charge of another agency to which control of any response activity is transferred under subsection (1) may—

(a)appoint one or more controllers in relation to—

(i)planning for each anticipated Class 2 emergency in any area of the State; and

(ii)each Class 2 emergency in any area of the State that is occurring or has occurred; or

(b)transfer control of any response activity to one or more other persons.

*                *                *                *                *

(5)An appointment of a controller under subsection (2)(a) has effect for the period specified in the instrument of appointment.

(6)The officer in charge of another agency to which control of any response activity is transferred under subsection (1) or a controller appointed under subsection (2)(a) may exercise the powers of the chief operational officer of the agency having overall control of response activities in relation to the emergency.

40Emergency Management Commissioner may advise or direct officers to exercise control powers

The Emergency Management Commissioner may advise, or if the Emergency Management Commissioner considers it necessary, direct—

(a)a Chief Officer or other officer appointed under section 38(3) or (4) to exercise his or her power under section 38(5); or

(b)the officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency, or an officer in charge of another agency to which control of any response activity is transferred under section 39(1), to exercise his or her power under section 39(2).

40ARegional and municipal district emergency response coordinators

(1)The Chief Commissioner of Police must, on the request of the Emergency Management Commissioner, appoint a police officer to be an emergency response coordinator for each region and municipal district.

(2)In the event of an emergency, directions (in accordance with the state emergency management plan) which concern the allocation of resources in responding to that emergency may be given to all relevant agencies having roles or responsibilities in relation to the response to emergencies by—

(a)in the case of an emergency which affects one municipal district only, the emergency response coordinator appointed for that municipal district; or

(b)in the case of an emergency that affects more than one municipal district within a region, the emergency response coordinator appointed for that region; or

(c)in the case of an emergency which affects more than one region, the Emergency Management Commissioner.

40BSenior Police Liaison Officer

(1)The Chief Commissioner of Police must appoint a police officer to be the Senior Police Liaison Officer.

(2)The functions of the Senior Police Liaison Officer are—

(a)to provide advice to the Emergency Management Commissioner under subsection (3); and

(b)to deal with requests to, or from, any police officer appointed as an emergency response coordinator for a region or municipal district under section 40A.

(3)If, as part of the Emergency Management Commissioner's function under section 32(1)(a), the Emergency Management Commissioner performs functions relating to the coordination of a regional or municipal emergency response, the Emergency Management Commissioner must take into account the advice of the Senior Police Liaison Officer.

*                *                *                *                *

41Division to prevail

This Division prevails over—

(a)sections 33(2) and 93B(1) of the Country Fire Authority Act 1958; and

(b)section 55E of the Fire Rescue Victoria Act 1958;

(c)section 39 of the Victoria State Emergency Service Act 2005—

to the extent of any inconsistency.

Division 3—Community warnings about fires

42Emergency Management Commissioner must ensure community is warned about fires

(1)The Emergency Management Commissioner must ensure that warnings are issued and information is provided to the community in relation to fires in Victoria for the purposes of protecting life and property.

(2)In complying with this section, the Emergency Management Commissioner must have regard to any guidelines, procedures and operating protocols issued under section 44.

43Responsibility to issue warnings and provide information

(1)If a fire is a major fire, the State Response Controller is responsible for issuing warnings and providing information to the community in relation to the major fire for the purposes of protecting life and property.

(2)If a fire is a fire other than a major fire, the officer who has overall control of response activities in relation to the fire is responsible for issuing warnings and providing information to the community in relation to the fire for the purposes of protecting life and property.

(3)In complying with this section, the State Response Controller or the officer who has overall control of response activities in relation to the fire, must have regard to any guidelines, procedures and operating protocols issued under section 44.

44Emergency Management Commissioner may issue guidelines, procedures and protocols in relation to duty to warn the community

(1)The Emergency Management Commissioner may issue guidelines, procedures or operating protocols for the purposes of this Division.

(2)Before issuing any guidelines, procedures or protocols referred to in subsection (1), the Emergency Management Commissioner must consult with the fire services agencies.

(3)Guidelines, procedures or operating protocols in force under section 25 of the Fire Services Commissioner Act 2010 immediately before the commencement of section 77 are to be taken to have been issued under this section.

Division 4—Consequence management

45Consequence management

(1)Consequence management means the coordination of agencies, including agencies who engage the skills and services of non-government organisations, which are responsible for managing or regulating services or infrastructure which is, or may be, affected by a major emergency.

(2)The objective of consequence management is to minimise the adverse consequences to users of services or infrastructure caused by the interruption to the services or infrastructure as a consequence of the major emergency while having regard to the need to ensure that—

(a)safety considerations are paramount; and

(b)if the major emergency is due to—

(i)a hi-jack, siege or riot; or

(ii)a warlike act or an act of terrorism—

the exercise of police powers is not to be interfered with.

Division 5—Recovery

46Emergency Management Commissioner to be responsible for recovery coordination

The Emergency Management Commissioner is responsible for the coordination of the activities of organisations, including agencies, having roles or responsibilities under the state emergency management plan in relation to recovery from all emergencies.

47Provision of information in relation to recovery

Organisations, including agencies, having roles or responsibilities in relation to recovery from all emergencies, must provide information to the Emergency Management Commissioner to enable the Emergency Management Commissioner to perform the functions specified in section 32(1)(g) and (m).

Division 6—Operational standards for responder agencies

48Emergency Management Commissioner to develop operational standards for responder agencies

(1)The Emergency Management Commissioner must develop, and review from time to time, operational standards in relation to the performance by responder agencies of their functions.

(2)The Emergency Management Commissioner must consult with the responder agencies and Emergency Management Victoria in developing or reviewing the standards.

(3)A responder agency must cooperate with the Emergency Management Commissioner in any consultation under subsection (2).

(4)The Emergency Management Commissioner must—

(a)develop or review a standard in a manner that is reasonable; and

(b)in developing or reviewing a standard, have regard to the resources available to a responder agency in the performance of any functions to which the standard relates.

(5)Performance standards in force under section 19 of the Fire Services Commissioner Act 2010 immediately before the commencement of section 77 are to be taken to be operational standards developed under this section.

49Emergency Management Commissioner must give operational standards to certain persons

The Emergency Management Commissioner must—

(a)give the operational standards developed under section 48 for a responder agency to—

(i)the responder agency; and

(ii)Emergency Management Victoria; and

(iii)the Inspector-General for Emergency Management; and

(b)publish the operational standards on Emergency Management Victoria's Internet site.

Division 7—Incident management operating procedures

50Incident management operating procedures

(1)The Emergency Management Commissioner must develop, and review from time to time, operating procedures for the planning and preparation for the response to and responding to, emergencies, including—

(a)training, development and accreditation of incident management personnel; and

(b)incident management facilities; and

(c)incident management systems; and

(d)the management of the State's primary control centre for the response to emergencies.

(2)In developing, or reviewing, incident management operating procedures, the Emergency Management Commissioner must—

(a)consult with the responder agencies and Emergency Management Victoria; and

(b)have regard to any procedures of a similar kind that a responder agency has in place for the planning and preparation of the response to, and responding to, emergencies, including any joint procedures with other responder agencies.

(3)A responder agency must cooperate with the Emergency Management Commissioner in any consultation under subsection (2)(a).

(4)The Emergency Management Commissioner must develop or review incident management operating procedures in a manner that is reasonable.

(5)If incident management operating procedures developed under this section are inconsistent with procedures of a similar kind that a responder agency has in place for the planning and preparation of the response to, and responding to, an emergency, including any joint procedures with other responder agencies, the incident management operating procedures prevail to the extent of the inconsistency.

(6)Incident management operating procedures in force under section 21 of the Fire Services Commissioner Act 2010 immediately before the commencement of section 77 are to be taken to have been developed under this section.

51Emergency Management Commissioner must give incident management operating procedures to certain persons

The Emergency Management Commissioner must give incident management operating procedures developed under section 50 to—

(a)each responder agency; and

(b)Emergency Management Victoria; and

(c)the Inspector-General for Emergency Management.

52Publication of incident management operating procedures on Internet

The Emergency Management Commissioner must publish incident management operating procedures developed under section 50 on Emergency Management Victoria's Internet site unless the Emergency Management Commissioner considers that it is not in the public interest to do so.

PART 5—REGIONAL EMERGENCY MANAGEMENT PLANNING COMMITTEES

53Establishment of Regional Emergency Management Planning Committees

There is established for each region a Regional Emergency Management Planning Committee.

54Constitution of Regional Emergency Management Planning Committees

(1)Each Regional Emergency Management Planning Committee consists of—

(a)the following members—

(i)a person, or the person holding a position or role for the time being, nominated by the Department Head of each Department (other than the Department of Premier and Cabinet and the Department of Treasury and Finance);

(ii)a person, or the person holding a position or role for the time being, nominated by the Chief Commissioner of Police;

(iii)in the case of a region that includes a metropolitan district or part of a metropolitan district (within the meaning of the Metropolitan Fire Brigades Act 1958), a person, or the person holding a position or role for the time being, nominated by the Metropolitan Fire and Emergency Services Board;

(iv)in the case of a region that includes part of the country area of Victoria (within the meaning of the Country Fire Authority Act 1958), a person, or the person holding a position or role for the time being, nominated by the Country Fire Authority;

(v)a person, or the person holding a position or role for the time being, nominated by the Secretary (within the meaning of section 3(1) of the Ambulance Services Act 1986) on behalf of Ambulance Service—Victoria;

(vi)a person, or the person holding a position or role for the time being, nominated by the Society incorporated by Royal Charter under the name of Australian Red Cross Society;

(vii)a person, or the person holding a position or role for the time being, nominated by the Chief Executive Officer of a municipal council of a municipal district within the relevant region;

Note

See sections 5(2) to 5(5) of the Alpine Resorts (Management) Act 1997 for the arrangements applying to alpine resorts.

Note 2

Nothing in this section prevents 2 or more Chief Executive Officers nominating the same person to represent their municipal councils.

(viii)a person, or the person holding a position or role for the time being, nominated by the Victoria State Emergency Service Authority;

(ix)a person, or the person holding a position or role for the time being, nominated by Emergency Management Victoria; and

(b)after the election of the chairperson under section 55(1), in addition to the members referred to in paragraph (a), the following members—

(i)one or more persons, or one or more persons holding a position or role respectively for the time being, each nominated by an agency (with a role or responsibility in relation to recovery from emergencies at a regional level) in response to an invitation from the chairperson of the Regional Emergency Management Planning Committee on behalf of the Committee to make a nomination;

(ii)one or more persons, or one or more persons holding a position or role respectively for the time being, each nominated by an agency in response to an invitation from the chairperson of the Regional Emergency Management Planning Committee on behalf of the Committee to make a nomination.

(2)A body or person referred to in subsection (1) nominating a representative for the purposes of that subsection must give notice in writing of the nomination to—

(a)the chairperson of the Regional Emergency Management Planning Committee; or

(b)if the Regional Emergency Management Planning Committee has no chairperson, the Emergency Management Commissioner.

(3)As soon as practicable after the commencement of Part 4 of the Emergency Management Legislation Amendment Act 2018, there shall be a first meeting of each Regional Emergency Management Planning Committee at which the members of each Committee constituting the Committee at that time must—

(a)elect one of their number to be chairperson of that Committee; and

(b)select agencies to make nominations for the purposes of subsection (1)(b)(i) and (ii).

(4)The addition of a member referred to in subsection (1)(b) to a Regional Emergency Management Planning Committee is not taken to be a reconstitution of the Regional Emergency Management Planning Committee.

(5)A Regional Emergency Management Planning Committee is not taken to be invalidly constituted only because there is a vacancy in the membership of the Committee.

(6)A Regional Emergency Management Planning Committee must ensure that a vacancy in the membership of the Committee is filled as soon as practicable after the vacancy arises.

(7)Subsequent to the first meeting of a Regional Emergency Management Planning Committee referred to in subsection (3), the Regional Emergency Management Planning Committee may select agencies for the purposes of subsection (1)(b) as and when the Committee determines.

55Chairperson of each Regional Emergency Management Planning Committee

(1)Every 2 years, or when determined by each Regional Emergency Management Planning Committee, the members of each Committee must elect one of their number (irrespective of whether that person is referred to in section 54(1)(a) or (b)) to be chairperson of that Committee.

(2)The chairperson of each Regional Emergency Management Planning Committee has the following functions—

(a)chairing meetings of the Regional Emergency Management Planning Committee;

(b)facilitating the Regional Emergency Management Planning Committee to perform its functions;

(c)on behalf of the Regional Emergency Management Planning Committee, providing information and recommendations to the Emergency Management Commissioner;

(d)on behalf of the Committee, providing information and guidance to Municipal Emergency Management Planning Committees.

56Procedure of Regional Emergency Management Planning Committees

Subject to this Act and having regard to any guidelines issued under section 77(2)(g), each Regional Emergency Management Planning Committee may regulate its own procedure.

57Functions of Regional Emergency Management Planning Committees

The functions of each Regional Emergency Management Planning Committee in relation to its region are—

(a)to be responsible for the preparation and review of its regional emergency management plan; and

(b)to ensure that its regional emergency management plan is consistent with the state emergency management plan; and

(ba)to consider any municipal emergency management plan submitted by a Municipal Emergency Management Planning Committee for approval; and

(bb)to provide guidance to Municipal Emergency Management Planning Committees operating in the region in relation to compliance with the requirements of Parts 6 and 6A; and

(c)to provide reports or recommendations to the Emergency Management Commissioner in relation to any matter that affects, or may affect, emergency management planning in that region; and

(d)to share information with the Emergency Management Commissioner, other Regional Emergency Management Planning Committees and Municipal Emergency Management Planning Committees to assist effective emergency management planning in accordance with Part 6A; and

(e)to consult other Regional Emergency Management Planning Committees to assist effective emergency management planning in accordance with Part 6A; and

(f)to perform any other function conferred on the Regional Emergency Management Planning Committee by or under this or any other Act.

58Powers of Regional Emergency Management Planning Committees

Each Regional Emergency Management Planning Committee has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.

PART 6—MUNICIPAL EMERGENCY MANAGEMENT PLANNING COMMITTEES

59Establishment of Municipal Emergency Management Planning Committees

The municipal council of each municipal district must establish a Municipal Emergency Management Planning Committee for that municipal district.

Note 1

See sections 5(2) to 5(5) of the Alpine Resorts (Management) Act 1997 for the arrangements applying to alpine resorts.

59AConstitution of Municipal Emergency Management Planning Committees

(1)Each Municipal Emergency Management Planning Committee consists of—

(a)the following members—

(i)the person nominated under section 59B to be the chairperson of the Municipal Emergency Management Planning Committee;

(ii)a person, or the person holding a position or role for the time being, nominated by the Chief Commissioner of Police;

(iii)in the case of a municipal district that is wholly or partly in a metropolitan district (within the meaning of the Metropolitan Fire Brigades Act 1958), a person, or the person holding a position or role for the time being, nominated by the Metropolitan Fire and Emergency Services Board;

(iv)in the case of a municipal district that is wholly or partly in the country area of Victoria (within the meaning of the Country Fire Authority Act 1958), a person, or the person holding a position or role for the time being, nominated by the Country Fire Authority;

(v)a person, or the person holding a position or role for the time being, nominated by the Secretary (within the meaning of section 3(1) of the Ambulance Services Act 1986) on behalf of Ambulance Service—Victoria;

(vi)a person, or the person holding a position or role for the time being, nominated by the Victoria State Emergency Service Authority;

(vii)a person, or the person holding a position or role for the time being, nominated by the Society incorporated by Royal Charter under the name of Australian Red Cross Society;

(viii)a person, or the person holding a position or role for the time being, nominated by the Department Head of the Department of Health and Human Services; and

(b)after the first meeting of the Municipal Emergency Management Planning Committee referred to in subsection (3), in addition to the members referred to in paragraph (a), the following members—

(i)one or more community representatives who accept an invitation given by the chairperson of the Municipal Emergency Management Planning Committee on behalf of the Committee;

(ii)one or more persons, or one or more persons holding a position or role respectively for the time being, each nominated by an agency (with a role or responsibility in relation to recovery from emergencies at a municipal level) in response to an invitation from the chairperson of the Municipal Emergency Management Planning Committee on behalf of the Committee to make a nomination;

(iii)one or more persons, or one or more persons holding a position or role respectively for the time being, each nominated by an agency in response to an invitation from the chairperson of the Municipal Emergency Management Planning Committee on behalf of the Committee to make a nomination.

(2)A body or person referred to in subsection (1) nominating a representative for the purposes of that subsection must notify the chairperson of the Municipal Emergency Management Planning Committee in writing of the nomination.

(3)As soon as practicable after the commencement of Part 5 of the Emergency Management Legislation Amendment Act 2018, there shall be a first meeting of each Municipal Emergency Management Planning Committee at which the members of each Committee constituting the Committee at that time must select—

(a)one or more community representatives for the purposes of subsection (1)(b)(i); and

(b)agencies to make nominations for the purposes of subsection (1)(b)(ii) or (iii).

(4)The addition of a member referred to in subsection (1)(b) to a Municipal Emergency Management Planning Committee is not taken to be a reconstitution of the Municipal Emergency Management Planning Committee.

(5)A Municipal Emergency Management Planning Committee is not taken to be invalidly constituted only because there is a vacancy in the membership of the Committee.

(6)A Municipal Emergency Management Planning Committee must ensure that a vacancy in the membership of the Committee is filled as soon as practicable after the vacancy arises.

(7)Subsequent to the first meeting of a Municipal Emergency Management Planning Committee referred to in subsection (3), the Municipal Emergency Management Planning Committee may select community representatives or agencies for the purposes of subsection (1)(b) as and when the Committee determines.

59BChairperson of each Municipal Emergency Management Planning Committee

(1)The municipal council for a municipal district must nominate one of the following to be the chairperson of the Municipal Emergency Management Planning Committee for that municipal district—

(a)in the case of Alpine Resorts Victoria, established under the Alpine Resorts (Management) Act 1997, an employee of that body; or

(b)in any other case, the Chief Executive Officer of the municipal council or a member of the municipal council staff nominated by the Chief Executive Officer.

(2)The chairperson of a Municipal Emergency Management Planning Committee has the following functions—

(a)chairing meetings of the Municipal Emergency Management Planning Committee;

(b)facilitating the Municipal Emergency Management Planning Committee to perform its functions;

(c)on behalf of the Municipal Emergency Management Planning Committee, providing information and recommendations to the Regional Emergency Management Planning Committee for the region that includes the municipal district.

59CProcedure of Municipal Emergency Management Planning Committees

Subject to this Act and having regard to any guidelines issued under section 77(2)(h), each Municipal Emergency Management Planning Committee may regulate its own procedure.

59DFunctions of Municipal Emergency Management Planning Committees

The functions of each Municipal Emergency Management Planning Committee in relation to its municipal district are—

(a)to be responsible for the preparation and review of its municipal emergency management plan; and

(b)to ensure that its municipal emergency management plan is consistent with the state emergency management plan and the relevant regional emergency management plan; and

(c)to provide reports and recommendations to the Regional Emergency Management Planning Committee for the region in which the municipal district is located in relation to any matter that affects, or may affect, emergency management planning in that municipal district; and

(d)to share information with the Regional Emergency Management Planning Committee for the region in which the municipal district is located and with other Municipal Emergency Management Planning Committees to assist effective emergency management planning in accordance with Parts 6 and 6A; and

(e)to collaborate (having regard to any guidelines issued under section 77(2)(i)) with any other Municipal Emergency Management Planning Committee that the Municipal Emergency Management Planning Committee considers appropriate in relation to emergency management planning, including preparing municipal emergency management plans; and

(f)to perform any other function conferred on the Municipal Emergency Management Planning Committee by or under this or any other Act.

59EPowers of Municipal Emergency Management Planning Committees

Each Municipal Emergency Management Planning Committee has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.

59FFunctions of municipal councils

For the purposes of emergency management planning, the functions of a municipal council under this Act include—

(a)facilitating emergency management planning for emergencies in relation to its municipal district by establishing a Municipal Emergency Management Planning Committee; and

(b)in collaboration with other agencies and by the establishment of a Municipal Emergency Management Planning Committee for its municipal district, enabling community participation in emergency preparedness, including mitigation, response and recovery activities; and

(c)nominating one of the following persons to be the chairperson of the Municipal Emergency Management Planning Committee for the municipal council's municipal district—

(i)in the case of Alpine Resorts Victoria, established under the Alpine Resorts (Management) Act 1997, an employee of that body; or

(ii)in any other case, the Chief Executive Officer of the municipal council or a member of the municipal council staff nominated by the Chief Executive Officer; and

(d)appointing one or more municipal emergency management officers under section 59G; and

(e)appointing one or more municipal recovery managers under section 59H.

59GMunicipal emergency management officers

(1)A municipal council must appoint one or more municipal emergency management officers for its municipal district.

(2)A municipal emergency management officer is responsible for—

(a)liaising with agencies in relation to emergency management activities for the municipal district; and

(b)assisting in the coordination of emergency management activities for the municipal council.

59HMunicipal recovery managers

(1)A municipal council must appoint one or more municipal recovery managers for its municipal district.

(2)A municipal recovery manager is responsible for—

(a)coordinating, in consultation with agencies, the resources of the municipal council and the community for the purposes of recovery; and

(b)liaising with any municipal emergency management officer appointed for the municipal district in relation to the use of the municipal council's resources for the purposes of recovery; and

(c)assisting any municipal emergency management officer appointed for the municipal district with planning and preparing for recovery.

PART 6A—EMERGENCY MANAGEMENT PLANS

Division 1—General

60AA Principles underlying the preparation and contents of emergency management plans

(a)the continuity of the supply of an essential service to one region of Victoria; or

(b)the economic or social well-being of one region of Victoria;

statement of assurance means a statement submitted under section 74N;

Victorian Critical Infrastructure Register means the register established and maintained under section 74J;

vital critical infrastructure means any infrastructure—

(a)assessed by the relevant Minister to be infrastructure the disruption of which could adversely impact—

(i)the continuity of the supply of an essential service to Victoria; or

(ii)the economic or social well-being of Victoria; and

(b)designated as vital critical infrastructure under section 74E.

74CWhat is an essential service?

For the purposes of this Part, essential service means any of the following services—

(a)transport;

(b)fuel (including gas);

(c)light;

(d)power;

(e)water;

(f)sewerage;

(g)a service specified to be an essential service by the Governor in Council for the purposes of paragraph (g) of the definition of essential service within the meaning of section 3 of the Essential Services Act 1958.

Division 2—Assessment of infrastructure

74DAssessment of infrastructure

(1)The relevant Minister must—

(a)assess or reassess, having regard to the criticality assessment methodology, whether any infrastructure is or has ceased to be—

(i)major critical infrastructure or significant critical infrastructure; or

(ii)vital critical infrastructure; and

(b)advise the Minister as to the outcome of the assessment or reassessment.

(2)The Minister may request the relevant Minister to assess or reassess any infrastructure under this section.

74EDesignation of vital critical infrastructure

(1)Subject to this section, the Governor in Council on the recommendation of the relevant Minister may by Order—

(a)designate infrastructure specified in the Order to be vital critical infrastructure; or

(b)revoke the designation of infrastructure specified in the Order to be vital critical infrastructure.

(2)The relevant Minister may make a recommendation under subsection (1) based on the assessment or reassessment, having regard to the criticality assessment methodology, by the relevant Department of any infrastructure as vital critical infrastructure.

(3)The relevant Minister must provide a copy of an Order made under subsection (1) to the following—

(a)the responsible entity of the relevant vital critical infrastructure;

(b)Emergency Management Victoria;

(c)the Chief Commissioner of Police;

(d)the Chief Executive Officer of any municipal council in the municipal district of which the relevant vital critical infrastructure is wholly or partly located.

(4)A failure to comply with subsection (3) in relation to an Order does not affect the validity, operation or effect of the Order.

(5)Despite subsection (4), the responsible entity of the relevant vital critical infrastructure is not required to comply with this Part until it receives a copy of the Order under subsection (3).

Division 3—Responsibilities in relation to critical infrastructure

74FWho is the relevant Minister?

For the purposes of this Part, relevant Minister means the Minister designated by the Governor in Council by Order as the relevant Minister in respect of—

(a)infrastructure; or

(b)a class or type of infrastructure—

as specified in the Order.

74GDelegation by relevant Minister

(1)A relevant Minister, by instrument, may delegate to a public sector employee within the meaning of section 4(1) of the Public Administration Act 2004 any function or power of the relevant Minister under this Part other than—

(a)this power of delegation; or

(b)a function or power conferred on the relevant Minister under section 74E(2) or 74O(2).

(2)A relevant Minister must provide a copy of any instrument making or revoking a delegation under subsection (1) to the Minister.

(3)Emergency Management Victoria must maintain a record of delegations in force under this section.

74HWho is the responsible entity?

(1)For the purposes of this Part, responsible entity means the person designated by the Governor in Council by Order as the responsible entity in respect of vital critical infrastructure specified in the Order.

(2)A responsible entity may apply to the relevant Minister to have the designation revoked on the grounds specified in the application.

(3)After considering an application under subsection (2), the relevant Minister may recommend to the Governor in Council that the Order designating the responsible entity be revoked or amended.

74INomination of Industry Accountable Officer

(1)A responsible entity must provide to the relevant Minister the nomination of a natural person as the Industry Accountable Officer in respect of vital critical infrastructure of the responsible entity.

(2)A natural person nominated under subsection (1) must be—

(a)an officer within the meaning of section 9 of the Corporations Act; or

(b)any other employee of the responsible entity approved by the relevant Minister.

(2A)If the Head, Transport for Victoria is a responsible entity, the natural person nominated under subsection (1) by it must be—

(a)the entity Head of the Head, Transport for Victoria appointed under section 64AE of the Transport Integration Act 2010; or

(b)an employee in the Department of Transport and Planning who—

(i)in the opinion of the Secretary to that Department has the appropriate knowledge and skills to perform the functions of the Industry Accountable Officer in respect of the vital critical infrastructure of the Head, Transport for Victoria; and

(ii)has been approved by the Minister administering the Transport Integration Act 2010 to perform those functions.

(3)The relevant Minister must notify the Minister as to the nomination of an Industry Accountable Officer under subsection (1).

(4)In this section—

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010.

Division 4—Victorian Critical Infrastructure Register

74JVictorian Critical Infrastructure Register

(1)Emergency Management Victoria must establish and maintain a register called the Victorian Critical Infrastructure Register.

(2)The Victorian Critical Infrastructure Register must contain—

(a)all infrastructure—

(i)assessed to be major critical infrastructure;

(ii)assessed to be significant critical infrastructure;

(iii)designated to be vital critical infrastructure;

(b)in respect of each critical infrastructure—

(i)the name and location;

(ii)the relevant Department;

(iii)the relevant Minister;

(c)in respect of each vital critical infrastructure—

(i)the date of the declaration as vital critical infrastructure;

(ii)the relevant responsible entity;

(iii)the relevant Industry Accountable Officer.

(3)The relevant Minister must provide the information required to be contained in the Victorian Critical Infrastructure Register under subsection (2) to the Minister.

(4)Emergency Management Victoria must remove an entry on the Victorian Critical Infrastructure Register relating to—

(a)major critical infrastructure or significant critical infrastructure, if the relevant Minister advises the Minister that the relevant Minister considers that the infrastructure is no longer major critical infrastructure or significant critical infrastructure;

(b)vital critical infrastructure, if the relevant Minister provides the Minister with a copy of the Order revoking the designation of the infrastructure as vital critical infrastructure.

74KAccess to the Victorian Critical Infrastructure Register

(1)Emergency Management Victoria must ensure that information on the Victorian Critical Infrastructure Register is only accessed by—

(a)a person specified in subsection (2); or

(b)any other person that Emergency Management Victoria considers requires access in the performance of their functions or exercise of their powers in respect of critical infrastructure, counterterrorism or emergency management.

(2)If subsection (3) applies, the following may access the Victorian Critical Infrastructure Register after requesting Emergency Management Victoria for access—

(a)the Minister;

(b)a relevant Minister;

(c)the Inspector-General for Emergency Management;

(d)any person who is a delegate of the relevant Minister under section 74G;

(e)Victoria Police.

(3)A person or body referred to in subsection (2) can only make a request under subsection (2) if access is required in the performance of their functions or exercise of their powers in respect of critical infrastructure, counterterrorism or emergency management.

74LReview of Victorian Critical Infrastructure Register

(1)Emergency Management Victoria must conduct a review of the accuracy and currency of the Victorian Critical Infrastructure Register—

(a)at least once every 3 years; and

(b)on the request of the Minister.

(2)Emergency Management Victoria must report to the Minister after conducting a review.

(3)The Minister may after considering a report under subsection (2) make a request to a relevant Minister under section 74D(2).

Division 5—Resilience improvement cycle

74MResilience improvement cycle

A responsible entity must before the end of each resilience improvement cycle complete the following in respect of each relevant vital critical infrastructure—

(a)a statement of assurance;

(b)emergency risk management planning and documentation;

(c)unless otherwise agreed by the relevant Minister, an exercise;

(d)an audit.

74NStatement of assurance

(1)A responsible entity must submit a statement of assurance to the relevant Minister—

(a)within the period of 6 months after receiving a copy of an Order under section 74E; and

(b)at the end of each subsequent period of 12 months.

(2)A statement of assurance must—

(a)be prepared in accordance with the regulations and the guidelines; and

(b)in accordance with the regulations and the guidelines, identify the emergency risks to relevant vital critical infrastructure; and

(c)in accordance with the regulations and the guidelines, specify the emergency risk management actions or activities that the responsible entity proposes to take to address the identified emergency risks; and

(d)contain an attestation signed by the Industry Accountable Officer in accordance with subsection (3).

(3)An attestation must state—

(a)that the responsible entity has complied with this Part; and

(b)that the responsible entity will undertake the emergency risk management actions and activities proposed in the statement of assurance in the next resilience improvement cycle; and

(c)any other requirement contained in the regulations or guidelines.

(4)A statement of assurance required under subsection (1)(b) must also state in the attestation—

(a)whether or not the emergency risk management actions and activities proposed in the previous statement of assurance have been undertaken; and

(b)if any of the emergency risk management actions and activities proposed in the previous statement of assurance have not been undertaken, the reason why each of the emergency risk management actions and activities proposed in the previous statement of assurance have not been undertaken; and

(c)how any findings under section 74T will be dealt with.

74OPowers of relevant Minister

(1)A relevant Minister may request a responsible entity to revise a statement of assurance submitted to the relevant Minister by the responsible entity if the relevant Minister is of the opinion that the statement of assurance is not adequate having regard to the requirements under section 74N.

(2)If a revised statement of assurance submitted to the relevant Minister by the responsible entity is in the opinion of the relevant Minister not adequate having regard to the requirements under section 74N, the relevant Minister may direct the responsible entity to submit a further statement of assurance amended in accordance with the direction of the relevant Minister within a time as specified by the relevant Minister.

(3)The relevant Minister may request a responsible entity to provide to the relevant Minister any information specified by the Minister in the request which the relevant Minister considers is necessary to establish the accuracy of the statements made in the statement of assurance.

(4)A responsible entity must comply with a request under subsection (3) within the time specified by the relevant Minister in the request.

74PEmergency risk management plan and documentation

(1)A responsible entity must prepare an emergency risk management plan for vital critical infrastructure to prepare for an emergency.

(2)An emergency risk management plan must be prepared in accordance with the regulations and the guidelines.

(3)An emergency risk management plan prepared by the responsible entity for vital critical infrastructure may, with the agreement of the relevant Minister, form part of any other risk management plan or activity for the vital critical infrastructure undertaken to comply with requirements imposed under any other Act or regulations.

(4)The relevant Minister may request a responsible entity to provide to the relevant Minister—

(a)a copy of an emergency risk management plan or any other documents relating to emergency risk management as specified in the request; or

(b)any details relating to an emergency risk management plan or any other documents relating to emergency risk management as specified in the request.

(5)A responsible entity must comply with a request under subsection (4) within the time specified by the relevant Minister in the request.

74QExercise by responsible entity

(1)A responsible entity must develop, conduct and evaluate an exercise to test their planning, preparedness, mitigation, response or recovery capability in respect of an emergency.

(2)An exercise must be developed in consultation with—

(a)the relevant Minister; or

(b)all the relevant Ministers, in the case of an exercise which is a joint exercise.

(3)Without limiting the generality of subsection (2), consultation must include the details of the proposed exercise including the nature of the simulated emergency event and its timing and location.

(4)An exercise must be developed, conducted and evaluated in accordance with the regulations and the guidelines.

(5)An exercise must be conducted under the observation of the relevant Minister or relevant Ministers.

(6)Unless subsection (7) applies, an exercise must be conducted and evaluated in each resilience improvement cycle.

(7)The relevant Minister may agree in writing with the responsible entity that an exercise is to be conducted at a frequency other than in each resilience improvement cycle.

(8)The relevant Minister may agree in writing with the responsible entity that the responsible entity is not required to complete an exercise in the current resilience improvement cycle, if the relevant Minister is satisfied that—

(a)the occurrence of an event, including an exercise in compliance with any other requirement, tested the responsible entity's planning, preparedness, mitigation, response or recovery capability in respect of an emergency; and

(b)the occurrence of the event demonstrated substantial compliance with the requirements under this Part.

74RRelevant Minister to review exercise

The relevant Minister or relevant Ministers who observed an exercise—

(a)must review the conduct of the exercise in accordance with the regulations and guidelines; and

(b)must provide comments in writing to the responsible entity on the outcomes of the exercise; and

(c)may, if the relevant Minister considers, or the relevant Ministers consider, that there are significant issues with the exercise conduct or outcome, request in writing either or both of the following—

(i)that specified improvement actions be completed by the responsible entity within the time specified in the request;

(ii)that a second exercise be conducted, including in the request the nature of the exercise and any specific capability to be tested.

74SResponsible entity to conduct audit

(1)A responsible entity must conduct an audit of their emergency risk management processes after the completion of the exercise in accordance with any requirements prescribed by the regulations or the guidelines.

(2)The purpose of the audit is to evaluate the efficiency, effectiveness and appropriateness of the management by the responsible entity of risks to its capability in relation to planning, preparedness, mitigation, response and recovery.

(3)An audit must be undertaken by—

(a)unless paragraph (b) applies, a person who was not involved in the emergency risk management planning process or the development and conduct of the exercise; or

(b)if the relevant Minister requires that the audit be undertaken by an independent auditor, an independent auditor.

74TAudit certificate and findings

After a responsible entity completes an audit, the relevant Industry Accountable Officer on behalf of the responsible entity must submit to the relevant Minister—

(a)an audit certificate confirming that the audit has been completed; and

(b)the audit findings, including the following—

(i)the outcome of the audit;

(ii)whether any required actions have been identified.

74URelevant Minister may request second audit

(1)If the relevant Minister is not satisfied as to the conduct of an audit, the relevant Minister may request that a responsible entity conduct a second audit in accordance with the request within the time specified in the request.

(2)The relevant Minister may specify in the request that the second audit be conducted by an independent auditor.

Division 6—General

74VOffences

A responsible entity must not—

(a)fail, without reasonable excuse, to provide a statement of assurance to the relevant Minister in accordance with section 74N; or

(b)provide a false or misleading statement of assurance to the relevant Minister in accordance with section 74N; or

(c)fail, without reasonable excuse, to revise a statement of assurance when requested to do so by the relevant Minister in accordance with section 74O(1); or

(d)fail, without reasonable excuse, to submit a further statement of assurance within the specified time when directed to do so by the relevant Minister in accordance with section 74O(2); or

(e)fail, without reasonable excuse, to provide further information within the specified time when requested to do so by the relevant Minister in accordance with section 74O(3); or

(f)fail, without reasonable excuse, to provide details of an emergency risk management plan within the specified time when requested to do so by the relevant Minister in accordance with section 74P; or

(g)fail, without reasonable excuse, to conduct an exercise in accordance with section 74Q; or

(h)fail, without reasonable excuse, to undertake specified improvement actions within the specified time when required to do so by the relevant Minister in accordance with section 74R; or

(i)fail, without reasonable excuse, to conduct an audit with an independent auditor when requested to do so by the relevant Minister in accordance with section 74S(3); or

(j)fail, without reasonable excuse, to submit an audit certificate to the relevant Minister in accordance with section 74T; or

(k)submit a false or misleading audit certificate to the relevant Minister in accordance with section 74T.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate, 3000 penalty units.

74WGuidelines

(1)The Minister may issue guidelines for the purposes of this Part.

(2)Without limiting the generality of subsection (1), guidelines may be made for or with respect to the following—

(a)criticality assessment methodology;

(b)emergency risk management planning processes;

(c)the conduct of exercises;

(d)audit processes.

(3)Guidelines issued under this section must not be inconsistent with any regulations made under this Act.

74XSavings and transitional

Despite the repeal of Part 6 of the Terrorism (Community Protection) Act 2003, a risk management plan prepared by a declared essential service under that Act continues in force until the declared essential service is designated to be a responsible entity under this Part and the relevant Industry Accountable Officer has attested the first statement of assurance.

PART 8—GENERAL

75Immunity

(1)The Emergency Management Commissioner, a State Response Controller or a controller appointed or deployed under section 37 is not personally liable for any thing done or omitted to be done in good faith—

(a)in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act; or

(b)in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act.

(2)Any liability resulting from an act or omission that would but for subsection (1) attach to the Emergency Management Commissioner, a State Response Controller or a controller appointed or deployed under section 37 attaches to the Crown.

76Regulations

(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)Without limiting the generality of subsection (1), for the purposes of Part 7A, regulations may make provision for or with respect to the following—

(a)criticality assessment methodology;

(b)the contents of a statement of assurance;

(c)requirements and standards for the conduct and evaluation of exercises;

(d)standards to be met in emergency risk management planning, exercises and audits.

76AAdditional regulation making powers

(1)Regulations made under section 76 may apply, adopt or incorporate by reference any document formulated or published by a person or body, whether—

(a)without modification or as modified by the regulations; or

(b)as formulated or published on or before the date when the regulations are made; or

(c)as formulated or published from time to time.

(2)Regulations made under section 76 may be made—

(a)so as to apply—

(i)at all times or at a specified time; or

(ii)throughout the whole of the State or in a specified part of the State;

(b)so as to require a matter affected by the regulations to be—

(i)in accordance with a specified standard or a specified requirement; or

(ii)approved by or to the satisfaction of a specified person;

(c)so as to confer a discretionary authority on a specified person;

(d)so as to provide, in a specified case or class of case, for the exemption of persons or things or a class of persons or a class of things from any of the provisions of the regulations—

(i)whether unconditionally or on specified conditions; and

(ii)either wholly or to the extent specified in the regulations.

77Guidelines for purposes of Parts 5, 6 and 6A

(1)The Minister may issue guidelines for the purposes of Parts 5, 6 and 6A.

(2)Without limiting the generality of subsection (1), guidelines may be made for, or with respect to, the following—

(a)the contents of an emergency management plan;

(b)the consultation process in relation to an emergency management plan;

(c)assurance of an emergency management plan;

(d)the risk management methodology to be used in preparing an emergency management plan;

(e)the review of an emergency management plan;

(f)dispute resolution processes to resolve disputes arising from the exercise of powers or the performance of functions or duties under this Act in relation to emergency management planning;

(g)the conduct of business and meetings by Regional Emergency Management Planning Committees;

(h)the conduct of business and meetings by Municipal Emergency Management Planning Committees;

(i)collaboration between Municipal Emergency Management Planning Committees;

(j)the responsibilities of municipal emergency management officers and municipal recovery managers.

(3)Guidelines issued under subsection (1) must not be inconsistent with any regulations made under this Act.

(4)Before issuing guidelines under subsection (1), the Minister must consult the State Crisis and Resilience Council.

77ADeclaration of regions—Orders in Council

(1)On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, declare 2 or more municipal districts (and, if appropriate, any area or areas of the State that are not part of a municipal district) to be a region for the purposes of this Act (other than Part 7A).

Note

See sections 5(2) to 5(5) of the Alpine Resorts (Management) Act 1997 for the arrangements applying to alpine resorts.

(2)Before making a recommendation under subsection (1), the Minister must consult the State Crisis and Resilience Council.

(3)An Order made under subsection (1) may declare one or more regions.

(4)An Order made under subsection (1) must specify—

(a)the name of each region declared; and

(b)the 2 or more municipal districts (and, if relevant, any area or areas of the State that are not part of a municipal district) comprising each region; and

(c)the date on which the Order comes into operation.

(5)An Order made under subsection (1) must be published in the Government Gazette within 7 days after it is made.

(6)Any alteration to the boundary of a municipal district correspondingly alters the boundary of the region concerned.

.

PART 9—TRANSITIONAL PROVISIONS

78Assurance framework

On and from the day on which section 87 of the Emergency Management Legislation Amendment Act 2018 comes into operation—

(a)for the purposes of Part 7, a monitoring and assurance framework referred to in that Part (as in force immediately before that day) is taken to be an assurance framework; and

(b)unless the context otherwise requires, a reference to a monitoring and assurance framework in any Act (other than this Act), subordinate instrument or other document is taken to be construed as a reference to an assurance framework.

79Regional and municipal district emergency response coordinators

(1)On and from the day on which Part 3 of the Emergency Management Legislation Amendment Act 2018 comes into operation, a person who immediately before that day is appointed under section 56 of this Act (as in force immediately before that day) as an emergency response coordinator for a region (defined for the purposes of that section) is taken to be appointed under section 40A of this Act as an emergency response coordinator for a region declared under section 77A of this Act, if both regions referred to in this subsection have the same name.

(2)On and from the day on which Part 3 of the Emergency Management Legislation Amendment Act 2018 comes into operation, a person who immediately before that day is an emergency response coordinator for a municipal district appointed under section 56 of this Act (as in force immediately before that day) is taken to be appointed under section 40A of this Act as an emergency response coordinator for that municipal district.

80Senior Police Liaison Officer

On and from the day on which Part 3 of the Emergency Management Legislation Amendment Act 2018 comes into operation, a person who immediately before that day is a Senior Police Liaison Officer appointed under section 57 of this Act (as in force immediately before that day) is taken to be a Senior Police Liaison Officer appointed under section 40B of this Act.

81Municipal emergency management plan

On and from the day on which Part 5 of the Emergency Management Legislation Amendment Act 2018 comes into operation, a municipal emergency management plan for a municipal district (which immediately before that day is in force under section 20 of the Emergency Management Act 1986) is taken to be a municipal emergency management plan for that district prepared, approved and published in accordance with Part 6A of this Act.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 16 October 2013

Legislative Council: 31 October 2013

The long title for the Bill for this Act was "A Bill for an Act to establish new governance arrangements for emergency management in Victoria, to repeal the Fire Services Commissioner Act 2010, to consequentially amend emergency management legislation and certain other Acts and for other purposes."

The Emergency Management Act 2013 was assented to on 3 December 2013 and came into operation on 1 July 2014: Special Gazette (No. 148) 13 May 2014 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Emergency Management Act 2013 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Emergency Management Act 2013, No. 73/2013

Assent Date: 3.12.13
Commencement Date: S. 105 on 1.7.14: SG (No. 148) 13.5.14 p. 1
Note: S. 105 repealed Pt 9 (ss 77–105) on 1.9.15
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14
Commencement Date: S. 10(Sch. item 53) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Justice Legislation Amendment Act 2014, No. 41/2014

Assent Date: 17.6.14
Commencement Date: Ss 13, 14 on 3.12.13: s. 2(2)
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Emergency Management Amendment (Critical Infrastructure Resilience) Act 2014, No. 76/2014 (as amended by No. 20/2015)

Assent Date: 21.10.14
Commencement Date: Ss 3–5 on 1.7.15: s. 2(2)
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date: 16.6.15
Commencement Date: S. 11 on 16.6.15: s. 2(1)
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Statute Law Revision Act 2015, No. 21/2015

Assent Date: 16.6.15
Commencement Date: S. 3(Sch. 1 item 17) on 1.8.15: s. 2(1)
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015

Assent Date: 22.9.15
Commencement Date: Ss 4, 5, 7–9, 12–14, 16–25 on 23.9.15: s. 2(1);
ss 6, 10, 11, 15 on 1.8.16: Special Gazette (No. 233) 26.7.16 p. 1
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Emergency Management Legislation Amendment Act 2018, No. 36/2018

Assent Date: 21.8.18
Commencement Date: S. 89 on 22.8.18: s. 2(2); ss 84–88, 90 on 17.10.18: Special Gazette (No. 480) 16.10.18 p. 1; ss 4–19 on 25.9.19: Special Gazette (No. 358) 10.9.19 p. 1; ss 22–35, 41–55 on 30.9.20: Special Gazette (No. 494) 29.9.20 p. 1; ss 58−78 on 1.12.20: s. 2(3)
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Assent Date: 2.7.19
Commencement Date: Ss 165–167 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date: 3.12.19
Commencement Date: S. 185 on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Local Government Act 2020, No. 9/2020

Assent Date: 24.3.20
Commencement Date: S. 390(Sch. 1 item 33) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Alpine Resorts Legislation Amendment Act 2022, No. 9/2022

Assent Date: 16.3.22
Commencement Date: Ss 34–40 on 1.10.22: Special Gazette (No. 371) 26.7.22 p. 1
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Triple Zero Victoria Act 2023, No. 32/2023

Assent Date: 8.11.23
Commencement Date: Ss 93–98 on 15.12.23: Special Gazette (No. 670) 12.12.23 p. 1
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date: 5.8.25
Commencement Date: S. 106(Sch. 1 item 15) on 6.8.25: s. 2(1)
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

Statute Law Revision Act 2025, No. 41/2025

Assent Date: 21.10.25
Commencement Date: S. 4(Sch. 2 item 11) on 22.10.25: s. 2
Current State: This information relates only to the provision/s amending the Emergency Management Act 2013

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3   Explanatory details


[1] S. 60AM(1)(b): The amendment proposed by section 77(1) of the Emergency Management Legislation Amendment Act 2018, No. 36/2018 is not included in this publication as the words "sections 60AF or 60AFA" do not appear in section 60AM(1)(b).

Section 77(1) reads as follows:

(1)In section 60AM(1)(b) and (2) of the Principal Act, for "sections 60AF or 60AFA" substitute "sections 60AF, 60AFA or 60AFB".

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