State Emergency and Rescue Management Act 1989 (NSW)
An Act relating to the management of State emergencies and rescues.
This Act may be cited as the State Emergency and Rescue Management Act 1989.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) Ambulance Service of NSW,
(b) Fire and Rescue NSW,
(c) a fire brigade within the meaning of the Fire and Rescue NSW Act 1989,
(d) NSW Police Force,
(e) NSW Rural Fire Service,
(f) State Emergency Service,
(g) Surf Life Saving New South Wales,
(h) VRA Rescue NSW Limited,
(i) Volunteer Marine Rescue NSW,
(j) an agency that manages or controls an accredited rescue unit,
(k) a non-government agency that is prescribed by the regulations for the purposes of this definition.
(a) agricultural and animal services,
(b) telecommunications services,
(b1) energy and utility services,
(c) engineering services,
(d) environmental services,
(e) health services,
(e1) education services,
(f) public information services,
(g) transport services,
(h) welfare services,
(i) another category of services described as a functional area in the State Emergency Management Plan.
(a) a Public Service agency,
(b) a public authority, being a body (whether incorporated or not) established by or under an Act for a public purpose, other than—
(i) the Legislative Council or Legislative Assembly or a committee of either or both of those bodies, or
(ii) a court or other judicial tribunal,
(c) the NSW Police Force,
(d) a local government council or other local authority, or
(e) a member or officer of an agency referred to in paragraphs (a)–(d) or any other person in the service of the Crown who has statutory functions, other than—
(i) the Governor, the Lieutenant-Governor or the Administrator of the State,
(ii) a Minister of the Crown,
(iii) a member of the Legislative Council or Legislative Assembly or an officer of that Council or Assembly, or
(iv) a judicial officer.
In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
In this Act—
(a) endangers, or threatens to endanger, the safety or health of persons or animals in the State, or
(b) destroys or damages, or threatens to destroy or damage, property in the State, or
(c) causes a failure of, or a significant disruption to, an essential service or infrastructure,
being an emergency which requires a significant and co-ordinated response.
For the purposes of the definition of
(a) threats or danger to property includes a reference to threats or danger to the environment, and
(b) the protection of property includes a reference to the protection of the environment.
For the purposes of this Act—
(a) prevention in relation to an emergency includes the identification of hazards, the assessment of threats to life and property and the taking of measures to reduce potential loss to life or property, and(b) preparation in relation to an emergency includes arrangements or plans to deal with an emergency or the effects of an emergency, and(c) response in relation to an emergency includes the process of combating an emergency and of providing immediate relief for persons affected by an emergency, and(d) recovery in relation to an emergency includes the process of returning an affected community to its proper level of functioning after an emergency.
Part 3 applies to a rescue operation whether it relates to a single incident or an emergency.
However, if a rescue operation relates to an emergency Part 2 prevails.
A dispute as to whether a rescue operation relates to a single incident or an emergency may be determined by the Minister or (subject to any determination of the Minister) by the State Emergency Operations Controller.
This Act does not authorise the taking of measures directed at—
(a) bringing an industrial dispute to an end, or
(b) controlling a riot or other civil disturbance (other than a riot or civil disturbance resulting from and occurring during a state of emergency).
This Act authorises the taking of civil defence measures, not being actual military combat or preparations for military combat.
This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
The Minister is responsible for—
(a) ensuring that adequate measures are taken by government agencies to prevent, prepare for, respond to and assist recovery from emergencies, and
(b) co-ordinating the activities of government agencies in taking those measures, and
(c) approving the State Emergency Management Plan or any alterations to the State Emergency Management Plan.
(Repealed)
The following are, in the exercise of their functions under this Act, subject to the control and direction of the Minister—
(a) the State Emergency Management Committee,
(b) the State Emergency Operations Controller,
(c) the State Emergency Recovery Controller.
The Minister may delegate to the State Emergency Operations Controller, State Emergency Recovery Controller or other person the Minister’s functions under this Act, other than—
(a) the Minister’s functions under this section, and
(b) this power of delegation.
(Repealed)
There is to be a State Emergency Management Plan.
The object of the State Emergency Management Plan is to ensure the co-ordinated response to emergencies by all agencies having responsibilities and functions in emergencies.
The State Emergency Management Plan is to—
(a) identify, in relation to each different form of emergency, the combat agency primarily responsible for controlling the response to the emergency, and
(b) provide for the co-ordination of the activities of other agencies in support of a combat agency in the event of an emergency, and
(c) specify the tasks to be performed by all agencies in the event of an emergency, and
(d) specify the responsibilities of the Minister, the State, Regional or Local Emergency Operations Controller and the State Emergency Recovery Controller.
As soon as practicable after the Minister approves the State Emergency Management Plan or any alterations to the State Emergency Management Plan, the Secretary must—
(a) publish (in such manner as the Secretary determines) a copy of the State Emergency Management Plan or the alterations to the State Emergency Management Plan, and
(b) forward a copy of the State Emergency Management Plan or the alterations to the State Emergency Management Plan to each agency to which the State Emergency Management Plan relates.
The relevant provisions of the State Emergency Management Plan have effect in the event of an emergency.
The State Emergency Management Plan has effect in the event of an emergency whether or not a state of emergency has been declared.
Agencies are authorised to undertake their responsibilities and functions under the State Emergency Management Plan in the event of an emergency. Government agencies may be required to do so by the Minister.
Any question concerning the application or operation of the State Emergency Management Plan may be referred to and determined by the Minister.
This section does not authorise or require any act or omission that is inconsistent with this or any other Act.
There is established by this Act a State Emergency Management Committee.
The Committee is to consist of—
(a) the State Emergency Operations Controller, and
(a1) the State Emergency Recovery Controller, and
(a2) the chief executive of the Ambulance Service of NSW, and
(a3) the Commissioner of Fire and Rescue NSW, and
(a4) the Commissioner of Police, and
(a5) the Commissioner of the NSW Rural Fire Service, and
(a6) the Commissioner of the State Emergency Service, and
(b) representatives of such relevant government and non-government agencies as the Minister may from time to time determine, and
(c) such other persons as may be nominated by the Minister from time to time.
One of the members of the Committee is to be appointed by the Minister as the Chairperson of the Committee.
The representative of a non-government agency is to be nominated by the Minister and the representative of a government agency is to be nominated by the Minister responsible for the agency.
The persons so nominated are to be persons who have authority to plan and commit their agencies’ resources in relation to the response and recovery stages of an emergency.
Schedule 2 has effect with respect to the members and procedure of the State Emergency Management Committee.
The State Emergency Management Committee has the following functions—
(a1) to advise the Minister on all matters relating to the prevention of, preparation for, response to and recovery from emergencies (including the co-ordination of the activities of government and non-government agencies in connection with those matters),
(a) to review, monitor and advise the Minister on the adequacy of the provisions of this Act relating to emergency management,
(b) to provide strategic policy advice to the Minister in relation to emergency management,
(c) to review, monitor and develop emergency management policy and practice at a State level and to disseminate information in relation to any such policy and practice,
(c1) to promote the continuous improvement of emergency management policy and practice at a State level, including through consideration of reviews and inquiries into emergency operations, exercises and training evaluations,
(c2) to support emergency services organisations and other organisations to plan for the development and maintenance of the capabilities and service delivery capacity of the emergency management volunteer workforce,
(d) to review the State Emergency Management Plan and to recommend alterations to it,
(e) to endorse any subplans or supporting plans established under the State Emergency Management Plan,
(f) to facilitate strategic State level emergency management capability through inter-agency co-ordination, co-operation and information sharing arrangements,
(g) such other functions as are conferred or imposed on the Committee by or under this Act or as are related to this Act and assigned to the Committee from time to time by the Minister.
The State Emergency Management Committee is required to establish such sub-committees as the Minister directs in connection with functional areas.
A sub-committee established for a functional area is to co-ordinate the provision of functional area support for activities carried out to prevent, prepare for, respond to or recover from an emergency.
As soon as practicable after 30 June, but on or before 31 December in each year, the Secretary is to provide the Minister with a report approved by the State Emergency Management Committee on the work and activities of the Committee for the 12 months ending on 30 June in that year.
The Minister is to lay any such report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.
There is to be a State Emergency Operations Controller and a Deputy State Emergency Operations Controller.
The office of the State Emergency Operations Controller is to be held by—
(a) the Commissioner of Police, or
(b) if the Governor, on the recommendation of the Minister, designates a position in the NSW Police Force Senior Executive Service as the position of State Emergency Operations Controller—the person for the time being holding or acting in that position.
The office of the Deputy State Emergency Operations Controller is to be held by the person for the time being holding or acting in a position in the NSW Police Force Senior Executive Service that is designated by the Governor, on the recommendation of the Minister, as the position of Deputy State Emergency Operations Controller.
The Minister is to consult with the Minister for Police before making a recommendation under subsection (2) or (3).
During the absence or a vacancy in the office of the State Emergency Operations Controller, the Deputy State Emergency Operations Controller has all the functions of the State Emergency Operations Controller.
The State Emergency Operations Controller is, subject to this section, responsible for controlling in accordance with this Act the response to an emergency—
(a) that affects more than one region, or
(b) for which the State Emergency Operations Controller assumes responsibility.
The State Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under the State Emergency Management Plan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B).
The State Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under the State Emergency Management Plan if—
(a) the Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and
(b) the combat agency has requested that the Controller assume, or has agreed to the Controller assuming, that responsibility or, in the case of any disagreement on the matter, the Minister has directed the Controller to do so.
The State Emergency Operations Controller may, if responsible for controlling the response to an emergency—
(a) issue directions to agencies who have functions in connection with responses to the emergency, and
(b) appoint an officer of an agency to have overall control of particular activities in response to the emergency where a number of agencies are involved and those agencies do not agree on the matter.
The State Emergency Operations Controller may, at the request of the combat agency that is primarily responsible for controlling the response to an emergency, carry out such functions as may be specified by the agency for the purposes of controlling the response to the emergency.
The functions of the State Emergency Operations Controller may be exercised without the need for a declaration of a state of emergency, but during a state of emergency the exercise of those functions is subject to Division 4.
The State Emergency Operations Controller is to establish and control a State emergency operations centre.
The State emergency operations centre is to have—
(a) communication facilities for independent control and co-ordination of regions, and
(b) discrete communication facilities with heads of emergency services organisations and functional areas, and
(c) independent communications with the public broadcasting media network, and
(d) independent media information facilities.
(Repealed)
There is to be a State Emergency Recovery Controller and a Deputy State Emergency Recovery Controller.
The office of the State Emergency Recovery Controller is to be held by—
(a) the chief executive officer of the NSW Reconstruction Authority, unless a person is designated under paragraph (b), or
(b) either of the following designated by the chief executive officer of the NSW Reconstruction Authority—
(i) a senior executive employed in the NSW Reconstruction Authority,
(ii) a NSW Police Force senior executive.
The office of the Deputy State Emergency Recovery Controller is to be held by an employee of the NSW Reconstruction Authority designated by the chief executive officer of the NSW Reconstruction Authority.
If the State Emergency Recovery Controller is unavailable for any reason, the Deputy State Emergency Recovery Controller has, during the period of unavailability, all the functions of the State Emergency Recovery Controller.
In this section and section 20B—
The State Emergency Recovery Controller is, subject to this section, responsible for controlling in accordance with this Act the recovery from an emergency—
(a) that affects more than one region, or
(b) for which the State Emergency Recovery Controller assumes responsibility.
The State Emergency Recovery Controller is not responsible for controlling the recovery from an emergency if there is a single recovery agency primarily responsible under the State Emergency Management Plan for controlling the recovery from the emergency, unless the Controller assumes that responsibility in accordance with subsection (3).
The State Emergency Recovery Controller may assume responsibility for controlling the recovery from an emergency from the recovery agency primarily so responsible under the State Emergency Management Plan if—
(a) the Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and
(b) the recovery agency has requested that the Controller assume, or has agreed to the Controller assuming, that responsibility or, in the case of any disagreement on the matter, the Minister has directed the Controller to do so.
The State Emergency Recovery Controller may, if responsible for controlling the recovery from an emergency—
(a) issue directions to agencies who have functions in connection with recovery from an emergency, and
(b) appoint an officer of an agency to have overall control of particular activities in recovery from an emergency where a number of agencies are involved and those agencies do not agree on the matter.
To the extent of any inconsistency between a direction given by the State Emergency Recovery Controller in the exercise of functions under this Act, and the NSW Reconstruction Authority or chief executive officer in the exercise of functions under the NSW Reconstruction Authority Act 2022, the direction given by the State Emergency Recovery Controller under this Act prevails.
The State Emergency Recovery Controller may assist a recovery agency that is primarily responsible for controlling the recovery from an emergency in carrying out that responsibility.
The functions of the State Emergency Recovery Controller may be exercised without the need for a declaration of a state of emergency.
For the purposes of this Act, the State is divided into such regions as the Minister may determine by order published in the Gazette.
Any such order may describe the boundaries of a region by reference to local government areas, maps or otherwise.
There is established by this Act a Regional Emergency Management Committee for each region.
Each such Committee is to consist of—
(a) the Regional Emergency Operations Controller for the relevant region, who is to be the Chairperson of the Committee, and
(b) the Chairperson of the Local Emergency Management Committee for each local government area within the relevant region, and
(c) a senior representative of each emergency services organisation operating in the relevant region, and
(d) a representative of each organisation that—
(i) provides services in a functional area or areas in the relevant region, and
(ii) the Minister determines from time to time is to be represented on the Committee.
The representative of an emergency services organisation is to be nominated by the organisation. The representative of an organisation providing services in a functional area is to be nominated in accordance with arrangements determined by the Minister.
(Repealed)
Schedule 2 has effect with respect to the members and procedure of a Regional Emergency Management Committee.
A Regional Emergency Management Committee is responsible for preparing and reviewing plans in relation to the prevention of, preparation for, response to and recovery from emergencies in the region for which it is constituted.
Without limiting subsection (1), any such Committee may—
(a) review and monitor emergency management policy and practice across the region, and
Note. The State Emergency Management Committee is responsible for reviewing, monitoring and developing emergency management policy and practice at a State level and for disseminating information about that policy and practice, including to Regional and Local Emergency Management Committees.
(b) review and prepare plans in respect of the region that are, or are proposed to be, subplans or supporting plans established under the State Emergency Management Plan, and
(c) make recommendations about and assist in the co-ordination of training in relation to emergency management across the region, and
(d) develop, conduct and evaluate regional emergency management training exercises, and
(e) facilitate regional level emergency management capability through inter-agency co-ordination, co-operation and information sharing arrangements, and
(f) assist the Regional Emergency Operations Controller for the relevant region in the Controller’s role under section 25, and
(g) carry out such other functions as are—
(i) related to this Act, and
(ii) assigned to the Committee (or to Regional Emergency Management Committees generally) from time to time by the State Emergency Management Committee.
In the exercise of its functions, any such Committee is responsible to the State Emergency Management Committee.
The Commissioner of Police is to appoint a Regional Emergency Operations Controller for each region who is to be a police officer holding the position of Region Commander.
A Regional Emergency Operations Controller may appoint as his or her deputy a person who is—
(a) a police officer of or above the rank of Superintendent, and
(b) in the opinion of the Regional Emergency Operations Controller, experienced in emergency management.
During the absence, or a vacancy in the office, of a Regional Emergency Operations Controller, the Regional Emergency Operations Controller’s deputy has all the functions of the Regional Emergency Operations Controller under this Act.
The Regional Emergency Operations Controller for a region is, subject to this section, responsible for controlling in accordance with this Act the response to an emergency—
(a) that affects more than one local government area in the region, or
(b) for which the Regional Emergency Operations Controller assumes responsibility.
The Regional Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under the State Emergency Management Plan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B).
The Regional Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under the State Emergency Management Plan if—
(a) the State Emergency Operations Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and
(b) the combat agency has requested or agreed to the Regional Emergency Operations Controller assuming that responsibility.
The Regional Emergency Operations Controller is not responsible for controlling the response to an emergency for which the State Emergency Operations Controller has assumed responsibility.
The Regional Emergency Operations Controller may, if responsible for controlling the response to an emergency, issue directions to agencies who have functions in connection with responses to the emergency.
The Regional Emergency Operations Controller may, at the request of the combat agency that is primarily responsible for controlling the response to an emergency, carry out such functions as may be specified by the agency for the purposes of controlling the response to the emergency.
The functions of the Regional Emergency Operations Controller may be exercised without the need for a declaration of a state of emergency, but during a state of emergency the exercise of those functions is subject to Division 4.
The Regional Emergency Operations Controller is to establish and control a regional emergency operations centre.
The Regional Emergency Operations Controller is subject to the direction of the State Emergency Operations Controller.
The NSW Police Force is to provide executive support facilities for each Regional Emergency Management Committee and Regional Emergency Operations Controller in the region concerned.
(Repealed)
If the councils of 2 or more local government areas agree (with the approval of the Minister) to combine their emergency management arrangements under this Part, a reference in this Part—
(a) to a local government area is a reference to the combined local government areas concerned, and
(b) to the council of that combined local government area is a reference to the principal council nominated in the agreement.
There is established by this Act a Local Emergency Management Committee for each local government area.
Each such Committee is to consist of—
(a) the General Manager of the council of the relevant local government area, who is to be the Chairperson of the Committee, and
(b) a senior representative of each emergency services organisation operating in the relevant local government area, and
(c) a representative of each organisation that—
(i) provides services in a functional area or areas in the relevant local government area, and
(ii) the council of that area determines from time to time is to be represented on the Committee, and
(d) the Local Emergency Operations Controller for the relevant local government area, and
(e) a representative of each organisation that the Minister determines, from time to time, is to be represented on the Committee.
(Repealed)
The representative of an organisation is to be nominated by the organisation.
(Repealed)
Schedule 2 has effect with respect to the members and procedure of a Local Emergency Management Committee.
A Local Emergency Management Committee is responsible for the preparation and review of plans in relation to the prevention of, preparation for, response to and recovery from emergencies in the local government area for which it is constituted.
Without limiting subsection (1), any such Committee may—
(a) give effect to and carry out emergency management policy and practice, consistent with information on that policy and practice disseminated by the State Emergency Management Committee, and
(b) review and prepare plans in respect of the relevant local government area that are, or are proposed to be, subplans or supporting plans established under the State Emergency Management Plan, and
(c) make recommendations about and assist in the co-ordination of training in relation to emergency management in the relevant local government area, and
(d) develop, conduct and evaluate local emergency management training exercises, and
(e) facilitate local level emergency management capability through inter-agency co-ordination, co-operation and information sharing arrangements, and
(f) assist the Local Emergency Operations Controller for the relevant local government area in the Controller’s role under section 31, and
(g) such other functions as are—
(i) related to this Act, and
(ii) assigned to the Committee (or to Local Emergency Management Committees generally) from time to time by the relevant Regional Emergency Management Committee or by the State Emergency Management Committee.
In the exercise of its functions, any such Committee is responsible to the relevant Regional Emergency Management Committee.
The Regional Emergency Operations Controller is to appoint a Local Emergency Operations Controller for each local government area.
The person appointed—
(a) must be a police officer stationed within the region (established under section 21) in which the local government area is located, or, if that is not reasonably practicable, within a region that is, in the opinion of the Regional Emergency Operations Controller, nearby, and
(b) must be a person who, in the opinion of the Regional Emergency Operations Controller, has experience in emergency management.
(Repealed)
The Local Emergency Operations Controller for an area is, subject to this section, responsible for controlling in accordance with this Act the response to an emergency that affects only that area.
The Local Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under the State Emergency Management Plan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B).
The Local Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under the State Emergency Management Plan if—
(a) the State Emergency Operations Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and
(b) the combat agency has requested or agreed to the Local Emergency Operations Controller assuming that responsibility.
The Local Emergency Operations Controller is not responsible for controlling the response to an emergency for which the State or Regional Emergency Operations Controller has assumed responsibility.
The Local Emergency Operations Controller may, if responsible for controlling the response to an emergency, issue directions to agencies who have functions in connection with responses to the emergency.
The Local Emergency Operations Controller may, at the request of the combat agency that is primarily responsible for controlling the response to an emergency, carry out such functions as may be specified by the agency for the purposes of controlling the response to the emergency.
The functions of the Local Emergency Operations Controller may be exercised without the need for a declaration of a state of emergency, but during a state of emergency the exercise of those functions is subject to Division 4.
The Local Emergency Operations Controller is to establish and control a local emergency operations centre.
The Local Emergency Operations Controller is subject to the direction of the relevant Regional Emergency Operations Controller.
A council is to provide executive support facilities for the Local Emergency Management Committee and the Local Emergency Operations Controller in its area.
(Repealed)
In this Division—
(a) a police officer,
(b) an officer of Fire and Rescue NSW of or above the position of station commander,
(c) an officer of the State Emergency Service of or above the position of unit commander,
(d) a member of a rural fire brigade of or above the position of deputy captain,
(e) a Regional Emergency Management Officer,
(f) a member of the Ambulance Service of NSW of or above the rank of station officer.
If the Premier is satisfied that an emergency constitutes a significant and widespread danger to life or property in New South Wales, the Premier may, by order in writing, declare that a state of emergency exists in the whole, or in any specified part or parts, of New South Wales in relation to that emergency.
The Premier may, by order in writing, revoke a declaration of a state of emergency at any time.
As soon as practicable after making or revoking a declaration of a state of emergency, the Premier must—
(a) cause notice of the declaration or revocation to be broadcast by a television or radio station in the State, and
(b) cause a copy of the relevant order to be published in the Gazette or on the NSW legislation website.
The Premier may cause a copy of the relevant order to be published on the internet or any other electronic communications service.
An order declaring a state of emergency has effect immediately on its being made.
Unless it is sooner revoked, the declaration of a state of emergency remains in force for such period (not exceeding 30 days) as is specified in the declaration.
The declaration of a state of emergency does not prevent the declaration of further states of emergencies in relation to the same or a different emergency.
In a state of emergency, the Minister is responsible for controlling and co-ordinating the activities of such government agencies, and the allocation of such available resources of the Government, as the Minister considers necessary or desirable for responding to the emergency.
For that purpose, the Minister may direct any government agency to do or refrain from doing any act, or to exercise or refrain from exercising any function.
If a direction is given to a government agency under this section—
(a) the government agency must comply with the direction, and
(b) the direction prevails over anything to the contrary in any Act or law, except the Essential Services Act 1988.
The Minister may, if satisfied that it is necessary or convenient to do so for the purpose of responding to an emergency, direct, or authorise an emergency services officer to direct, a person to do any or all of the following—
(a) to leave any particular premises and to move out of an emergency area or any part of an emergency area,
(b) to take any children or adults present in any particular premises who are in the person’s care and to move them outside the emergency area or any part of the emergency area,
(c) not to enter the emergency area or any part of the emergency area.
If the person does not comply with the direction, an emergency services officer may do all such things as are reasonably necessary to ensure compliance with it, using such force as is reasonably necessary in the circumstances.
The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.
(Repealed)
The Minister may, if satisfied that there are reasonable grounds for so doing for the purpose of protecting persons or animals from injury or death or protecting property in a state of emergency, direct, or authorise an emergency services officer to direct, the doing of any one or more of the following—
(a) the closure to traffic of any street, road, lane, thoroughfare or footpath or place open to or used by the public, in an emergency area or any part of an emergency area,
(b) the closure of any other public or private place in an emergency area or any part of an emergency area,
(c) the pulling down, destruction or shoring up of any wall or premises that have been damaged or rendered insecure in an emergency area or any part of an emergency area,
(d) the shutting off or disconnecting of the supply of any water, gas, liquid, solid, grain, powder or other substance in or from any main, pipeline, container or storage facility in an emergency area or any part of an emergency area,
(e) the shutting off or disconnecting of the supply of gas or electricity to any premises in an emergency area or any part of an emergency area,
(f) the taking possession of, and removal or destruction of any material or thing in an emergency area or any part of an emergency area that may be dangerous to life or property or that may interfere with the response of emergency services to the emergency.
The cost of taking action under subsection (1) (c) is to be borne by the owner of the wall or premises and is to be paid to, and may be recovered in a court of competent jurisdiction by, the Minister for reimbursement of the costs of the emergency services organisation of pulling down, destroying or shoring up the wall or premises concerned.
For the purposes of the exercise of a function under subsection (1) (d), the Minister or an emergency services officer may require the person who controls or supplies the substance concerned to immediately send some competent person to the scene for the purpose of shutting it off or disconnecting it in accordance with the reasonable directions of the Minister or emergency services officer.
A person must comply with a requirement, or directions, under subsection (3).
Maximum penalty—50 penalty units.
A person who supplies a substance referred to in subsection (1) (d) or (e) is not liable for any damages because of any interruption of that supply under this section if the supply is shut off or disconnected in accordance with the directions of the Minister or emergency services officer.
The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.
A person may enter any premises for the purposes of complying with a direction under section 37A (1).
A person authorised to enter premises may enter the premises without giving notice—
(a) if entry to the premises is made with the consent of the owner or occupier, or
(b) if the entry is made to a part of the premises that is open to the public, or
(c) if entry is required urgently and the case is one in which the Minister or the emergency services officer giving the direction has authorised in writing (either generally or in a particular case) entry without notice.
In any other case, the person must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.
In the exercise of a function under section 37A, a person authorised to enter premises must do as little damage as possible.
Reasonable force may be used for the purpose of gaining entry to premises to comply with a direction under section 37A but only if the Minister—
(a) has authorised in writing the use of force in the particular case, or
(b) has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances.
If a person authorised to enter premises uses force to do so, the person must, as soon as practicable, inform the person who directed him or her to exercise the function under section 37A.
The person so informed of the use of force must give notice of the use of force to such persons or authorities as appear to the person to be appropriate in the circumstances.
If a person’s property is damaged by the exercise of a right of entry, the person is to receive such compensation as may be determined by the Minister or, if the damage arose as the result of the exercise of a right of entry by a police officer, the Minister for Police, but is not entitled to receive compensation.
A person may apply to the Premier for a review of a determination as to compensation made by the Minister or the Minister for Police under this section.
A power conferred to enter premises, or to take action on premises, may not be exercised unless the person proposing to exercise the power is in possession of an authority and produces the authority if required to do so by the owner or occupier of the premises.
The authority must be a written authority that—
(a) states that it is issued under this Act, and
(b) gives the name of the person to whom it is issued, and
(c) describes the nature of the powers conferred and the source of the powers, and
(d) states the date (if any) on which it expires, and
(e) describes the kind of premises to which the power extends, and
(f) bears the signature of the Minister or the emergency services officer who issued the direction under section 37A.
However, a police officer exercising a power to enter premises, or to take action on premises, must produce his or her warrant card if required to do so by the owner or occupier of the premises in lieu of an authority (unless the police officer is in uniform).
In a state of emergency, the Minister may, for the purposes of responding to the emergency, take possession and make use of any person’s property.
If the property of a person is taken or used under this section that person is to receive such compensation as may be determined by the Minister, but is not entitled to receive compensation.
Any such person may apply to the Premier for a review of any determination as to compensation made by the Minister under this section.
The functions of the Minister under this Division are only exercisable in relation to—
(a) a part of the State in which a state of emergency exists, and
(b) an emergency in respect of which a state of emergency exists.
A person must not obstruct or hinder the Minister, or any other person acting with the authority of the Minister, in the exercise of a function under this Division.
Maximum penalty—50 penalty units or imprisonment for 2 years, or both.
A person may not bring proceedings against the Crown, a Minister or any body or person acting in the execution of this Division for any damage, loss, death or injury sustained because of anything done or omitted to be done in good faith under this Division during a state of emergency.
There is established by this Act a State Rescue Board of New South Wales.
The Board has the functions conferred or imposed on it by or under this or any other Act.
The State Rescue Board is to consist of not less than 8 members, being—
(a) the State Emergency Operations Controller,
(b) the Commissioner of the State Emergency Service,
(c) a member of the NSW Police Force Senior Executive Service nominated by the Commissioner of Police,
(d) the Commissioner of Fire and Rescue NSW,
(e) the Commissioner of the NSW Rural Fire Service,
(f) the chief executive of the Ambulance Service of NSW,
(g) the Commissioner of VRA Rescue NSW Limited,
(g1) the Commissioner of Volunteer Marine Rescue NSW,
(h) the heads of any other volunteer rescue agencies approved for the time being by the Minister.
One of the members of the Board is to be appointed as the Chairperson of the Board by the Minister.
Schedule 3 has effect.
The State Rescue Board is, in the exercise of its functions, subject to the control and direction of the Minister.
(Repealed)
The principal function of the State Rescue Board is to ensure the maintenance of efficient and effective rescue services throughout the State.
The State Rescue Board is required to—
(a) develop policies to promote the provision of comprehensive, balanced and co-ordinated rescue services throughout the State, and
(b) make recommendations to the Minister on policy matters relating to the provision of rescue services within the State, and
(c) review planning for single incident rescues within the State, and
(d) (Repealed)
(e) review and disseminate to relevant agencies technical information relating to rescue operations, and
(f) ensure proper liaison and co-ordination with Federal and other State organisations in connection with rescue services, and
(g) provide advice and recommendations on the compatibility of rescue equipment, including communications equipment, and
(h) make recommendations to the Minister about the accreditation of rescue units for participation in rescue operations, regardless of whether the rescue units are permanent, volunteer or a combination of permanent and volunteer, and
(i) make recommendations to the Minister on levels of Government support to volunteer organisations providing rescue services, and
(j) assist in the conduct of training exercises in rescue operations involving the various agencies concerned, and
(k) (Repealed)
(l) monitor the training standards of the permanent and volunteer services in rescue, and
(m) review proposals for amendment of legislation relating to rescue and make recommendations to the Minister, and
(n) make reports or recommendations to the Minister on any matter referred to the Board by the Minister.
(Repealed)
Rescue committees are to be established for each region and for each local government area.
The rescue committee for a region is to be chaired by the Regional Emergency Operations Controller for the region and is to comprise senior representatives of emergency services organisations operating in the region nominated by those organisations.
The rescue committee for a local government area is to be chaired by the Local Emergency Operations Controller for the area and is to comprise senior representatives of emergency services organisations operating in the area nominated by those organisations.
Rescue committees are to assist the State Rescue Board in the exercise of its functions within the region or local government area concerned. In particular, a rescue committee is to assist the State Rescue Board in determining whether the accreditation of a rescue unit to operate in the region or area should be recommended to the Minister.
Rescue committees are subject to the control and direction of the State Rescue Board.
The State Rescue Board may approve of a single rescue committee for 2 or more local government areas. In that case, a reference in this section—
(a) to a local government area is a reference to the combined local government areas concerned, and
(b) to the Local Emergency Operations Controller for the area is a reference to the principal Controller designated in the approval.
The agency which manages or controls any accredited rescue unit is required to implement (in accordance with law) the decisions of the State Rescue Board under this Part in connection with rescue operations carried out by that rescue unit.
For subsection (1), if the accredited rescue unit is comprised of persons from one or more emergency services organisations or other agencies, each of the agencies is required to implement, in accordance with law, the decisions of the State Rescue Board under this Part in connection with rescue operations carried out by the rescue unit.
Except as provided by subsection (1), nothing in this Part affects the exercise by such an agency of its functions or the exercise of the management functions of the chief executive of the agency.
As soon as practicable after 30 June, but on or before 31 December, in each year, the State Rescue Board is to prepare and forward to the Minister a report on its work and activities for the 12 months ending on 30 June in that year.
The Minister is to lay any such report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.
The NSW Police Force is responsible for co-ordinating rescue operations and for determining the priorities of action to be taken in rescue operations.
(Repealed)
This section does not apply to a rescue operation if the control of the rescue operation is vested by law in another agency, such as—
(a) a rescue operation in which the person or property is endangered by fire and at which a member of a Fire Brigade is in charge, or
(b) a rescue operation which results from an emergency and which is subject to the control of another agency in accordance with Part 2.
This section applies despite anything to the contrary in any other Act.
An emergency services organisation other than the NSW Police Force must, immediately after the organisation becomes aware of an incident that requires or is likely to require the rescue of any person, notify a member of the NSW Police Force of all relevant information concerning the incident.
This section does not apply—
(a) if the organisation is aware that the incident has already been notified to a member of the NSW Police Force, or
(b) to Surf Life Saving New South Wales in relation to an incident that only requires, or is likely to only require, surf life-saving.
In this Division—
(a) is clearly marked with the word “Rescue”, or
(b) is fitted with warning devices, such as flashing lights or a siren,
or both.
An organisation, such as the Royal Society for the Prevention of Cruelty to Animals, New South Wales or the Wildlife Information, Rescue and Education Service, that specialises in animal welfare or animal rescue operations or both does not constitute a rescue unit for the purposes of this Division.
A person who establishes, manages or controls a rescue unit which is not accredited under this Division is guilty of an offence.
Maximum penalty—50 penalty units.
It is an offence for a person who is not a member of a rescue unit accredited under this Division to display, drive or operate a rescue vehicle.
Maximum penalty—50 penalty units.
It is a defence to any proceeding under subsection (1A) if the person who contravened the subsection had a reasonable excuse or lawful authority for displaying, driving or operating the rescue vehicle.
A rescue unit is required to be accredited even though—
(a) it is a unit of the NSW Police Force, Fire and Rescue NSW, the Ambulance Service of NSW, the State Emergency Service, the NSW Rural Fire Service or any other government agency, or
(b) it is a unit of a volunteer agency, or
(b1) it is a unit comprised of persons from one or more emergency services organisations or other agencies, or
(c)
it carries out, in addition to operations for the rescue of persons, other operations such as the rescue of animals or the recovery of property.
A rescue unit is not required to be accredited—
(a) if it is a unit only engaged in surf life-saving, or
(b) (Repealed)
(c) if it is a unit (including a unit of the New South Wales Mines Rescue Brigade) which only carries out rescues at mines under the Coal Industry Act 2001, or
(d) in any other circumstances prescribed by the regulations.
Application may be made to the Minister for the accreditation of a rescue unit.
An application for accreditation is required to be lodged with the State Rescue Board.
The State Rescue Board is to report to the Minister on the need for the rescue unit concerned, the standard of equipment and training and the effect of accreditation of the unit on the control and co-ordination of rescue services.
The Minister may accept or refuse an application for accreditation.
The Minister is to have regard to any recommendation made by the State Rescue Board on an application for accreditation, but is not bound by the recommendation.
The accreditation of a rescue unit may be limited by the Minister to the carrying out of rescue operations in a particular area or of a particular kind, or otherwise.
An accredited rescue unit which carries out rescue operations in contravention of any such limitation is to be taken to be not accredited for the purposes of this Division.
The Minister may accredit a rescue unit for a specified period or indefinitely.
The Minister may at any time cancel the accreditation of a rescue unit.
The agency which manages or controls an accredited rescue unit is required to maintain a register of the personnel who comprise the unit.
That agency is to provide a copy of the register to the State Rescue Board as soon as practicable after the accreditation of the rescue unit and then every 6 months or, if the State Rescue Board specifies different periods, at the periods specified.
To avoid doubt, if the accredited rescue unit is comprised of persons from one or more emergency services organisations or other agencies, the agency that manages or controls the unit must include the personnel from other agencies in the register under subsection (1).
The State Rescue Board may make arrangements with any agency which manages or controls inter-State rescue units—
(a) for those rescue units to carry out rescue operations in New South Wales, or
(b) for accredited rescue units under this Division to carry out rescue operations outside New South Wales.
An inter-State rescue unit which carries out a rescue operation in New South Wales in accordance with any such arrangement is not required to be accredited under Division 4, but is to be regarded as an accredited rescue unit for the purposes of this Division.
In this section—
Anything done or omitted to be done by an accredited rescue unit or by a person as a member of an accredited rescue unit or authorised volunteer does not, if done or omitted in good faith in connection with a rescue operation or otherwise in response to an emergency, subject the accredited rescue unit, the person or any other person to any action, liability, claim or demand.
Anything done or omitted to be done by a casual volunteer does not, if done or omitted in good faith in connection with a rescue operation or otherwise in response to an emergency, subject the volunteer personally to any action, liability, claim or demand.
In this section—
(a) a rescue unit (within the meaning of Division 4) engaged in surf life-saving, and
(b) any organisation or agency (other than a government agency) that manages or controls an accredited rescue unit, whether on its own or jointly with another organisation or agency.
(Repealed)
In this Part—
The circumstances in which a person is considered to be the
(a) the person is the employer of the other person for the purposes of the Industrial Relations Act 1996, including by reason of Schedule 1 (Persons deemed to be employees) to that Act,
(a1) the person engages the other person to carry out regular work under one or more contracts for services and the value of that work represents a substantial proportion of the regular work carried out by the other person,
(b) the person is the bailor under a contract of bailment within the meaning of Chapter 6 of the Industrial Relations Act 1996 and the other person is the bailee engaged under that contract,
(c) the person is the holder of a licence under the Passenger Transport Act 1990 and the other person (being engaged in transporting passengers in a private hire vehicle pursuant to that licence) is a person to whom Chapter 6 of the Industrial Relations Act 1996 applies,
(d) the person is a principal contractor under a contract of carriage within the meaning of Chapter 6 of the Industrial Relations Act 1996 and the other person is a contract carrier engaged under that contract.
This Part applies to the following emergency operations—
(a) emergency operations carried out in a part of the State in which a state of emergency exists until—
(i) the end of that state of emergency, or
(ii) the Premier, by order published in the Gazette or on the NSW legislation website, declares that this Part no longer applies,
(b) emergency operations to which this Part applies because of an order in force under section 60D.
An employer must not victimise an employee of the employer for being absent if the absence was due to the employee taking part, as a member of an emergency services organisation, in emergency operations to which this Part applies.
Maximum penalty—30 penalty units.
An employer victimises an employee if the employer—
(a) dismisses the employee from employment with the employer or terminates the engagement of the employee by the employer, or
(b) alters the employee’s position in his or her employment with the employer, or alters the circumstances of the employee’s engagement by the employer, to the employee’s prejudice, or
(c) otherwise injures the employee in his or her employment with, or engagement by, the employer.
The Premier, Minister or an authorised officer may, by order published in the Gazette or on the NSW legislation website, direct that emergency operations carried out in connection with an emergency specified in the order are operations to which this Part applies.
In determining whether an order under this section is needed, the Premier, Minister or authorised officer is to have regard to the possible duration of the emergency.
An order may apply to all emergency operations carried out in connection with the emergency or may be limited in its operation by reference to any one or more of the following—
(a) particular operations or a class of operations,
(b) a particular emergency services organisation or organisations taking part in those operations,
(c) a particular area in which those operations are being carried out.
An order made by the Premier remains in force for the period specified in the order unless revoked earlier. If no period is specified, the order remains in force until revoked. Revocation is to be by a further order of the Premier published in the Gazette or on the NSW legislation website.
An order made by the Minister remains in force for the period, not more than 14 days, specified in the order unless revoked earlier.
Revocation of an order made by the Minister is by either of the following published in the Gazette or on the NSW legislation website—
(a) a further order of the Minister under this section,
(b) an order of the Premier under this section.
An order made by an authorised officer remains in force for the period, not exceeding 48 hours, specified in the order (unless revoked earlier). Revocation is to be by a further order of the authorised officer or the Premier published in the Gazette or on the NSW legislation website.
An order may be made under this section whether or not a state of emergency has been declared under section 33.
In this section—
(a) the Commissioner or a Deputy Commissioner of the NSW Rural Fire Service or the State Emergency Service,
(b) the State Emergency Operations Controller or Deputy State Emergency Operations Controller referred to in section 18.
In proceedings for an offence under this Part, if all the facts necessary to prove the offence (other than the reason for the defendant’s action) are proved, the defendant has the onus of proving that the defendant was not motivated by the reason alleged.
A court that convicts an employer of an offence under this Part may (with the concurrence of the victimised person concerned) make an order in terms of any one or more of the following—
(a) directing the employer to pay the victimised person a specified sum by way of reimbursement for any salary, wages or other remuneration lost by the person because of the victimisation,
(b) directing the employer to reinstate the victimised person to the employment of the employer in the position the person held immediately before any dismissal or any alteration to his or her employment or in a similar position,
(c) declaring void, in whole or in part, a contract pursuant to which the victimised person is engaged by the employer,
(d) varying, in whole or in part, any provision of a contract pursuant to which the victimised person is engaged by the employer,
(e) directing payment to the victimised person, within a specified time, by the employer, of an amount that does not exceed the amount that the person would otherwise have received under the contract pursuant to which the victimised person was engaged by the employer,
(f) directing payment to the victimised person, within a specified time, by the employer, of other damages in such sum as appears to the court appropriate to compensate the victimised person for other loss suffered by the person,
(g) directing the employer to take such other measures as the court considers necessary in order to place the victimised person in the position in which the person would have been but for the victimisation.
An order in the terms of subsection (1) (a), (e) or (f) operates as an order against the employer for the payment of money under the Civil Procedure Act 2005 and is enforceable as such an order under that Act.
An employer must give effect to an order in terms of subsection (1) (b) or (g).
Maximum penalty—30 penalty units.
The amount of salary, wages or other remuneration that would have been payable to a person in respect of any period during which his or her employer fails to give effect to an order in terms of subsection (1) (b) is recoverable, as a debt due to the person by the employer, in any court of competent jurisdiction.
A person is considered to be taking part in emergency operations only when the person is effectively devoting his or her time to those operations by making himself or herself available for those operations (even if not actively engaged in those operations at the time) in accordance with arrangements made with an emergency services organisation.
For example, travel to or from the place where emergency operations are being carried out, being on standby at or near that place and rest during those operations (in accordance with arrangements made with an emergency services organisation) constitute taking part in those operations.
The chief executive officer of an emergency services organisation may issue a certificate to the effect that a particular person was a member of the organisation during a particular emergency and took part in particular emergency operations carried out by the organisation in respect of that emergency in accordance with arrangements made with that organisation.
Such a certificate is in any proceedings evidence of the matters certified.
The chief executive officer of an emergency services organisation may delegate his or her functions under this section (except this power of delegation) to any officer of the organisation.
This Part does not affect any right or remedy that an employee or former employee may have under any other Act.
This Part applies regardless of the terms of any agreement whether entered into before or after the commencement of this Part.
Section 7 (Limitation on operation of Act—industrial disputes and civil disturbances) does not limit or otherwise affect the operation of this Part merely because the victimisation of an employee involves or gives rise to an industrial dispute.
In this Part—
(a) the Minister, or
(b) the State Emergency Operations Controller, or
(b1) a Regional Emergency Operations Controller, or
(b2) a Local Emergency Operations Controller, or
(c) a police officer of or above the rank of sergeant, or
(d) a police officer of a class prescribed by the regulations for the purposes of this definition.
(a) (Repealed)
(b) the State Emergency Management Committee,
(c) a Regional Emergency Management Committee,
(d) a Local Emergency Management Committee,
(e) the State Rescue Board,
(f) a committee or sub-committee of a body referred to in paragraphs (b)–(e).
A directing officer may, if satisfied that there are reasonable grounds for doing so for the purpose of protecting persons from injury or death threatened by an actual or imminent emergency, direct, or authorise a police officer to direct, a person to do any or all of the following—
(a) to leave any particular premises and to move outside the danger area,
(b) to take any children or adults present in any particular premises who are in the person’s care and to move them outside the danger area,
(c) not to enter the danger area.
A directing officer may, if satisfied that there are reasonable grounds for doing so for the purpose of protecting persons from chemical, biological or radiological contamination, direct or authorise a police officer to direct, a person who may have been subjected to such contamination to do any or all of the following—
(a) to remain in a particular area,
(b) to remain quarantined from other persons,
(c) to submit to decontamination procedures.
If a person does not comply with a direction given under this section, a police officer may do all such things as are reasonably necessary to ensure compliance with it, using such force as is reasonably necessary in the circumstances.
The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.
Neither this section nor section 6 of the Police Act 1990 imposes a duty on a police officer to use force to ensure compliance with a direction under this section.
(Repealed)
The responsible person for an emergency services organisation may, whether or not during a state of emergency, temporarily close a road or road related area to traffic if satisfied it is reasonably necessary because of—
(a) an obstruction, or
(b) a danger to traffic.
The responsible person must not close the road or road related area if the closure is inconsistent with a direction given by—
(a) a police officer, or
(b) Transport for NSW, or
(c) the roads authority for the road or road related area.
As soon as practicable after closing the road or road related area, the responsible person, or another person from the emergency services organisation, must notify—
(a) the NSW Police Force, and
(b) Transport for NSW.
In this section—
A directing officer may, if satisfied that there are reasonable grounds for doing so for the purpose of protecting persons or animals from injury or death or protecting property threatened by an actual or imminent emergency, direct, or authorise a police officer to direct, the doing of any one or more of the following—
(a) the closure to traffic of any street, road, lane, thoroughfare or footpath or place open to or used by the public, in the danger area or any part of the danger area,
(a1) the removal of vehicles in the danger area or any part of the danger area,
The person presiding at any meeting of the Board has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of those members is to be taken to be a decision of the Board.
The Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
For the purposes of—
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights they have at an ordinary meeting of the Board.
A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Board.
Papers may be circulated among members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The Board may establish committees to assist it in connection with the exercise of any of its functions.
It does not matter that any or all of the members of a committee are not members of the Board.
The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by the Board or (subject to any determination of the Board) by the committee.
The Minister may call the first meeting of the Board in such manner as the Minister thinks fit.
(Section 68)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of—
• this Act
• State Emergency and Rescue Management (Amendment) Act 1994
• State Emergency Legislation Amendment Act 1995
• State Emergency and Rescue Management Amendment Act 2000
• State Emergency and Rescue Management Amendment (Botany Emergency Works) Act 2008
• State Emergency and Rescue Management Amendment Act 2009
• State Revenue Legislation Amendment Act 2010, but only to the extent that it amends this Act, the Fire Brigades Act 1989, the Rural Fires Act 1997 or the State Emergency Service Act 1989
• State Emergency and Rescue Management Amendment Act 2010
• any other Act that amends this Act
Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
A person who manages or controls a rescue unit established before the commencement of section 53 (Offence to operate rescue unit without accreditation) is not guilty of an offence under that section during the transition period.
For the purposes of this clause, the transition period is the period between the commencement of section 53 and the expiry of 3 months after that commencement.
Part 3A of this Act applies in respect of any employment or engagement even if it commenced before the commencement of that Part.
On and from the commencement of this Part, the State Emergency Operations Controller—
(a) ceases to hold office as the Chairperson of the State Emergency Management Committee and of the State Rescue Board, and
(b) is not entitled to any remuneration or compensation because of the loss of those offices.
On and from the commencement of this Part, the Director-General of the State Emergency Service—
(a) ceases to hold office as Deputy State Emergency Operations Controller and Deputy Chairperson of the State Rescue Board, and
(b) is not entitled to any remuneration or compensation because of the loss of those offices.
The person who, on the commencement of the amendment made to section 18 (1) by the State Emergency Legislation Amendment Act 1995, is the State Emergency Operations Controller is taken to be appointed under that subsection as so amended.
On and from the commencement of this Part, a reference in any Act (other than this Act) or statutory instrument, or any other instrument, or in any other document, to the State Rescue and Emergency Services Board is to be read as a reference to the State Rescue Board.
In this Part—
District Rescue Sub-committees established under section 22 (4) are, on the repeal of section 22 (4) by the amending Act, taken to be district rescue committees established under section 48A.
Local rescue sub-committees established under section 28 (6) are, on the repeal of section 28 (6) by the amending Act, taken to be local rescue committees established under section 48A.
(Repealed)
In this clause—
(a) section 47 (3) of the Fire Brigades Act 1989,
(b) section 106 (3) of the Rural Fires Act 1997,
(c) section 24E (3) of the State Emergency Service Act 1989.
Anything done by the Chief Executive, Emergency Management NSW before the commencement of this clause that could have been validly done under a relevant provision if the provision had been in force when it was done is taken to have been validly done on and from the date when it was done.
The person holding office as Chairperson of the State Emergency Management Committee immediately before the substitution of section 14 (2A) by the State Emergency and Rescue Management Amendment Act 2010 continues to hold office as Chairperson of the Committee until such time as an appointment is made by the Minister under section 14 (2A) as so substituted.
In this Part,
Displan, as in force under section 12 (1) immediately before the commencement of the amending Act, is taken to be the State Emergency Management Plan.
A reference in any Act, any instrument made under an Act or a document of any kind to Displan or the State Disaster Plan is taken to be a reference to the State Emergency Management Plan.
Districts established under section 21 before the commencement of the amending Act are taken to be regions.
A reference in any Act, any instrument made under an Act or a document of any kind to a district established under section 21 is taken to be a reference to a region.
District Emergency Management Committees constituted under Part 2 of this Act before the commencement of the amending Act are taken to be Regional Emergency Management Committees.
A reference in any Act, any instrument made under an Act or a document of any kind to such a District Emergency Management Committee is taken to be a reference to a Regional Emergency Management Committee established under that Part.
Any person holding office as a District Emergency Operations Controller, or as the deputy of that District Emergency Operations Controller, immediately before the commencement of the amending Act is taken to have been appointed as the Regional Emergency Operations Controller or as the deputy of that Regional Emergency Operations Controller (as the case may be).
A reference in any Act, any instrument made under an Act or a document of any kind to a District Emergency Operations Controller appointed under section 24 is taken to be a reference to a Regional Emergency Operations Controller.
The repeal of sections 26 (2) and 32 (2) by the amending Act does not operate to abolish any positions.
In this Part,
On the repeal of section 11 by the amending Act, the State Disasters Council is abolished.
The persons who were members of the State Disasters Council cease, on that abolition, to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
On the substitution of section 42 (1) by the amending Act, the State Rescue Board ceases to be a corporation constituted by this Act.
The assets, rights and liabilities of the State Rescue Board become, on that cessation, the assets, rights and liabilities of the Crown.
The persons who were members of the State Rescue Board become, on that cessation, members of the State Rescue Board established by this Act as amended by the amending Act.
In this clause—
State Emergency and Rescue Management Act 1989 No 165. Assented to 14.12.1989. Date of commencement, secs 10–17, 19–41 and Sch 2 excepted, 12.2.1990, sec 2 and GG No 21 of 9.2.1990, p 1054; date of commencement of secs 10–17 and 19–32 and Sch 2, 1.12.1990, sec 2 and GG No 152 of 23.11.1990, p 10128; date of commencement of secs 33–41, 3.8.1990, sec 2 and GG No 97 of 3.8.1990, p 7103. This Act has been amended as follows—
No 164 | State Emergency Service Act 1989. Assented to 14.12.1989. Date of commencement, 3.8.1990, sec 2 and GG No 97 of 3.8.1990, p 7102. | |
No 16 | Ambulance Services Act 1990. Assented to 14.6.1990. Date of commencement, 1.7.1990, sec 2 and GG No 82 of 29.6.1990, p 5379. | |
No 48 | Police and Superannuation Legislation (Amendment) Act 1990. Assented to 26.6.1990. Date of commencement, 1.7.1990, sec 2 and GG No 82 of 29.6.1990, p 5409. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1991 No 94. Assented to 17.12.1991. Date of commencement of the provision of Sch 2 relating to the Police and Superannuation Legislation (Amendment) Act 1990, 1.7.1990, Sch 2. | |
No 108 | Statute Law (Miscellaneous Provisions) Act (No 2) 1990. Assented to 13.12.1990. Date of commencement of the provisions of Sch 1 relating to the State Emergency and Rescue Management Act 1989, assent, sec 2. | |
No 94 | Statute Law (Miscellaneous Provisions) Act (No 2) 1991. Assented to 17.12.1991. Date of commencement of the provisions of Sch 2 relating to the State Emergency and Rescue Management Act 1989, assent, Sch 2. | |
No 13 | Mines Rescue Act 1994. Assented to 10.5.1994. Date of commencement, 8.7.1994, sec 2 and GG No 90 of 8.7.1994, p 3463. | |
No 23 | State Emergency and Rescue Management (Amendment) Act 1994. Assented to 30.5.1994. Date of commencement, 20.6.1994, sec 2 and GG No 80 of 17.6.1994, p 2916. | |
No 11 | Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995. Date of commencement of Sch 1.121, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. | |
No 13 | Ports Corporatisation and Waterways Management Act 1995. Assented to 15.6.1995. Date of commencement, 1.7.1995, sec 2 and GG No 79 of 30.6.1995, p 3435. | |
No 91 | State Emergency Legislation Amendment Act 1995. Assented to 21.12.1995. Date of commencement, 23.2.1996, sec 2 and GG No 20 of 16.2.1996, p 589. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 1996. Assented to 21.6.1996. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 89 | Emergency Legislation Amendment (Offences) Act 1996. Assented to 25.11.1996. Date of commencement, 20.12.1996, sec 2 and GG No 150 of 20.12.1996, p 8524. | |
No 121 | Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date of commencement of Sch 4.48, 4 months after assent, sec 2 (4). | |
No 65 | Rural Fires Act 1997. Assented to 10.7.1997. Date of commencement, 1.9.1997, sec 2 and GG No 95 of 29.8.1997, p 6644. | |
No 147 | Statute Law (Miscellaneous Provisions) Act (No 2) 1997. Assented to 17.12.1997. Date of commencement of Sch 1.24, 6.2.1998, Sch 1.24 and GG No 22 of 6.2.1998, p 523. | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of sec 7 and Sch 5, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184. | |
No 32 | State Emergency and Rescue Management Amendment Act 2000. Assented to 14.6.2000. Date of commencement, 1.7.2000, sec 2 and GG No 81 of 30.6.2000, p 5358. | |
No 92 | Civil Liability Amendment (Personal Responsibility) Act 2002. Assented to 28.11.2002. Date of commencement of Sch 4.9, 6.12.2002, sec 2 and GG No 249 of 6.12.2002, p 10529. | |
No 115 | Terrorism (Police Powers) Act 2002. Assented to 5.12.2002. Date of commencement, 13.12.2002, sec 2 and GG No 255 of 13.12.2002, p 10562. | |
No 48 | Crimes Legislation Amendment (Terrorism) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 80 | State Emergency and Rescue Management Amendment Act 2005. Assented to 26.10.2005. Date of commencement, assent, sec 2. | |
No 88 | State Emergency Service Amendment Act 2005. Assented to 17.11.2005. Date of commencement, assent, sec 2. | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 2.54, assent, sec 2 (2). | |
No 84 | Ports Corporatisation and Waterways Management Amendment Act 2006. Assented to 30.10.2006. Date of commencement, assent, sec 2. | |
No 94 | Police Amendment (Miscellaneous) Act 2006. Assented to 22.11.2006. Date of commencement of Sch 3.33, 1.2.2007, sec 2 and GG No 22 of 1.2.2007, p 575. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 8 | State Emergency and Rescue Management Amendment (Botany Emergency Works) Act 2008. Assented to 14.4.2008. Date of commencement, assent, sec 2. | |
No 38 | State Emergency and Rescue Management Amendment Act 2009. Assented to 19.6.2009. Date of commencement, assent, sec 2. | |
No 90 | State Emergency Service Amendment Act 2009. Assented to 19.11.2009. Date of commencement, assent, sec 2. | |
No 46 | State Revenue Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement, assent, sec 2 (2). | |
No 117 | State Emergency and Rescue Management Amendment Act 2010. Assented to 29.11.2010. Date of commencement, 14.1.2011, sec 2 and 2011 (3) LW 14.1.2011. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 3, 7.1.2011, sec 2 (2). | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Schs 1 and 3, 6.1.2012, sec 2 (1). | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012. Date of commencement of Sch 2, 4.1.2013, sec 2 (1). | |
No 103 | Emergency Legislation Amendment Act 2012. Assented to 26.11.2012. Date of commencement, assent, sec 2. | |
No 62 | State Emergency and Rescue Management Amendment (Co-ordination and Notification of Rescues) Act 2013. Assented to 3.9.2013. Date of commencement, assent, sec 2. | |
No 108 | Rural Fires Amendment Act 2013. Assented to 27.11.2013. Date of commencement, assent, sec 2. | |
No 46 | Passenger Transport Act 2014. Assented to 17.9.2014. Sch 4.11 was not commenced and was repealed by the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 No 34. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 1.25 [1] [3]–[5] and [7], 1.7.2015, Sch 1.25; date of commencement of Sch 1.25 [2] [6] and [8], 8.7.2015, sec 2 (1). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 1.27, 8.7.2016, sec 2 (1). | |
No 59 | Emergency Services Legislation Amendment Act 2018. Assented to 26.10.2018. Date of commencement of Sch 1, 7.12.2018, sec 2 (2). | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 1.19, 14 days after assent, sec 2 (1). | |
No 37 | Bushfires Legislation Amendment Act 2020. Assented to 25.11.2020. Date of commencement of Sch 2, assent, sec 2(1). | |
No 80 | NSW Reconstruction Authority Act 2022. Assented to 28.11.2022. Date of commencement of Sch 5.3, 16.12.2022, sec 2(b) and 2022 (859) LW 16.12.2022. | |
No 42 | Emergency Services Legislation Amendment Act 2023. Assented to 11.12.2023. Date of commencement, assent, sec 2. | |
No 78 | State Emergency and Rescue Management Amendment Act 2024. Assented to 11.11.2024. Date of commencement of Sch 1[1]–[9] [11] and [12], assent, sec 2; date of commencement of Sch 1[10], 1.1.2025, sec 2(a). |
Sec 3 | Am 1989 No 164, sec 34; 1990 No 48, Sch 1 (am 1991 No 94, Sch 2); 1995 No 11, Sch 1.121; 1995 No 91, Sch 1 [1] [2]; 1997 No 65, Sch 4.24 [1]; 2000 No 32, Sch 1 [1]–[3]; 2005 No 80, Sch 1 [1]; 2006 No 94, Sch 3.33 [1] [2]; 2009 No 38, Sch 1 [1]; 2010 No 46, Sch 2.3 [1]; 2010 No 117, Sch 1 [1] [2]; 2012 No 103, Sch 3 [1]–[8]; 2015 No 15, Sch 1.25 [1] [2]; 2018 No 59, Sch 1 [1]–[3]; 2023 No 42, Sch 5[1] [2]; 2024 No 78, Sch 1[1]–[5]. |
Sec 4 | Am 2000 No 32, Sch 1 [4] [5]; 2004 No 48, Sch 4; 2018 No 59, Sch 1 [4]. |
Part 2, Div 1, Subdiv 1, heading | Am 2018 No 59, Sch 1 [5]. |
Sec 10 | Am 1995 No 91, Sch 1 [4]; 2009 No 38, Sch 1 [2] [3]; 2010 No 117, Sch 1 [3]; 2012 No 103, Sch 3 [2]; 2018 No 59, Sch 1 [6]. |
Sec 11 | Am 2000 No 32, Sch 1 [6]; 2009 No 38, Sch 1 [4]; 2010 No 117, Sch 1 [4] [5]. Rep 2018 No 59, Sch 1 [7]. |
Part 2, Div 1, Subdiv 2, heading | Am 2012 No 103, Sch 3 [3]. |
Sec 12 | Am 2000 No 32, Sch 1 [7]; 2009 No 38, Sch 1 [5]; 2010 No 117, Sch 1 [6]; 2012 No 103, Sch 3 [2] [10]–[13]; 2015 No 15, Sch 1.25 [3] [4]. |
Sec 13 | Subst 2000 No 32, Sch 1 [8]. Am 2012 No 103, Sch 3 [2] [11]. |
Sec 14 | Am 1995 No 91, Sch 1 [5] [6]; 2009 No 38, Sch 1 [6]; 2010 No 117, Sch 1 [7] [8]; 2012 No 103, Sch 3 [14]; 2018 No 59, Sch 1 [8]. |
Sec 15 | Subst 2010 No 117, Sch 1 [9]. Am 2012 No 103, Sch 3 [2]; 2018 No 59, Sch 1 [9]; 2020 No 37, Sch 2.6; 2024 No 78, Sch 1[6]. |
Sec 16 | Am 2012 No 103, Sch 3 [15]. |
Sec 17 | Am 2010 No 117, Sch 1 [10]; 2012 No 103, Sch 3 [13]; 2015 No 15, Sch 1.25 [3]. |
Sec 18 | Am 1990 No 108, Sch 1; 1995 No 91, Sch 1 [7]–[10]; 2005 No 80, Sch 1 [2]; 2006 No 94, Sch 3.33 [3]. Subst 2010 No 117, Sch 1 [11]. |
Sec 19 | Am 2000 No 32, Sch 1 [9]; 2009 No 38, Sch 1 [7]; 2010 No 117, Sch 1 [12]; 2012 No 103, Sch 3 [2] [16]. |
Sec 20 | Am 1995 No 91, Sch 1 [11]; 2012 No 103, Sch 3 [17]. |
Part 2, Div 1, Subdiv 5 | Ins 2009 No 38, Sch 1 [8]. |
Sec 20A | Ins 2009 No 38, Sch 1 [8]. Am 2010 No 46, Sch 2.3 [2]. Subst 2010 No 117, Sch 1 [13]. Am 2012 No 103, Sch 3 [13]. Subst 2015 No 15, Sch 1.25 [5]. Am 2016 No 27, Sch 1.27 [1] [2]; 2022 No 80, Sch 5.3[1] [2]. |
Sec 20B | Ins 2009 No 38, Sch 1 [8]. Am 2012 No 103, Sch 3 [2] [16]; 2022 No 80, Sch 5.3[3]. |
Part 2, Div 2, heading | Am 2012 No 103, Sch 3 [16]. |
Sec 21 | Am 2000 No 32, Sch 1 [10]; 2012 No 103, Sch 3 [16] [17]. |
Sec 22 | Am 2000 No 32, Sch 1 [11]–[14]; 2010 No 117, Sch 1 [14]; 2012 No 103, Sch 3 [12] [16] [18] [19]. |
Sec 23 | Am 2012 No 103, Sch 3 [12] [16] [20] [21]. |
Sec 24 | Subst 1995 No 91, Sch 1 [12]. Am 1997 No 147, Sch 1.24 [1]; 2005 No 80, Sch 1 [3]; 2012 No 103, Sch 3 [12] [16]. |
Sec 25 | Am 2000 No 32, Sch 1 [15]; 2010 No 117, Sch 1 [15]; 2012 No 103, Sch 3 [2] [12] [16] [22] [23]. |
Sec 26 | Am 1995 No 91, Sch 1 [13] [14]; 2005 No 80, Sch 1 [4]; 2006 No 94, Sch 3.33 [4]; 2012 No 103, Sch 3 [12] [16] [24]. |
Sec 28 | Am 1995 No 91, Sch 1 [15]; 2000 No 32, Sch 1 [16] [17]; 2012 No 103, Sch 3 [25]–[27]; 2023 No 42, Sch 5[3]. |
Sec 29 | Am 2012 No 103, Sch 3 [12] [28] [29]. |
Sec 30 | Subst 1995 No 91, Sch 1 [16]; 1997 No 147, Sch 1.24 [2]. Am 2005 No 80, Sch 1 [5]; 2012 No 103, Sch 3 [12] [16]. |
Sec 31 | Am 2000 No 32, Sch 1 [18]; 2010 No 117, Sch 1 [16]; 2012 No 103, Sch 3 [2] [12] [30]. |
Sec 32 | Am 2012 No 103, Sch 3 [31]. |
Sec 32A | Ins 1995 No 91, Sch 1 [17]. Am 1997 No 65, Sch 4.24 [2]; 2005 No 88, Sch 2; 2010 No 117, Sch 1 [17]; 2012 No 103, Sch 3 [12] [32]; 2018 No 59, Sch 1 [10]. |
Sec 34 | Am 2010 No 119, Sch 3.12; 2018 No 59, Sch 1 [11]. |
Sec 37 | Am 1995 No 91, Sch 1 [18]. |
Sec 37A | Ins 1995 No 91, Sch 1 [19]. Am 2000 No 32, Sch 1 [19]. |
Secs 37B–37E | Ins 1995 No 91, Sch 1 [19]. |
Sec 37F | Ins 1995 No 91, Sch 1 [19]. Am 2018 No 59, Sch 1 [12]. |
Sec 40 | Am 1996 No 89, Sch 1.3 [1]. |
Sec 42 | Am 2018 No 59, Sch 1 [13]; 2019 No 1, Sch 1.19. |
Sec 43 | Am 1990 No 48, Sch 1; 1990 No 108, Sch 1; 1995 No 91, Sch 1 [20]–[27]; 1997 No 65, Sch 4.24 [3]; 2005 No 80, Sch 1 [6]; 2006 No 94, Sch 3.33 [5]; 2009 No 90, Sch 2.2; 2012 No 103, Sch 3 [33] [34]; 2018 No 59, Sch 1 [14]; 2024 No 78, Sch 1[7]. |
Sec 46 | Rep 2000 No 32, Sch 1 [20]. |
Sec 47 | Subst 2000 No 32, Sch 1 [21]. |
Sec 48 | Am 2000 No 32, Sch 1 [22]–[29]; 2023 No 42, Sch 5[4] [5]; 2024 No 78, Sch 1[8]. |
Sec 48A | Ins 2000 No 32, Sch 1 [30]. Am 2012 No 103, Sch 3 [12] [16]. |
Sec 49 | Am 2023 No 42, Sch 5[6]. |
Sec 49A | Ins 2000 No 32, Sch 1 [31]. |
Part 3, Div 3, heading | Am 2013 No 62, Sch 1 [1]. |
Sec 50 | Am 1990 No 16, Sch 2; 1990 No 48, Sch 1; 2010 No 117, Sch 1 [18]; 2013 No 62, Sch 1 [2] [3]. |
Sec 51 | Am 2005 No 80, Sch 1 [7]; 2006 No 94, Sch 3.33 [3]. Subst 2010 No 117, Sch 1 [19]; 2013 No 62, Sch 1 [4]. Am 2018 No 59, Sch 1 [15]. |
Sec 52 | Am 1995 No 91, Sch 1 [28] [29]; 2024 No 78, Sch 1[9]. |
Sec 53 | Am 1990 No 48, Sch 1; 1994 No 13, Sch 4; 1995 No 13, Sch 4.30; 1995 No 91, Sch 1 [30]; 2005 No 80, Sch 1 [8]; 2006 No 58, Sch 2.54; 2006 No 84, Sch 2.15; 2006 No 94, Sch 3.33 [6]; 2012 No 103, Sch 3 [35]; 2018 No 59, Sch 1 [16]–[18]; 2023 No 42, Sch 5[7]. |
Sec 54 | Am 1991 No 94, Sch 2. |
Sec 57 | Am 2018 No 59, Sch 1 [19]; 2023 No 42, Sch 5[8]. |
Sec 59 | Subst 2002 No 92, Sch 4.9. Am 2023 No 42, Sch 5[9]. |
Sec 60 | Rep 2023 No 42, Sch 5[10]. |
Part 3A | Ins 1994 No 23, Sch 1 (1). |
Sec 60A | Ins 1994 No 23, Sch 1 (1). Am 1996 No 121, Sch 4.48; 2012 No 103, Sch 3 [36]–[39]; 2018 No 59, Sch 1 [20]. |
Sec 60AA | Ins 2018 No 59, Sch 1 [21]. |
Sec 60B | Ins 1994 No 23, Sch 1 (1). Am 2018 No 59, Sch 1 [22]. |
Sec 60C | Ins 1994 No 23, Sch 1 (1). |
Sec 60D | Ins 1994 No 23, Sch 1 (1). Am 2012 No 95, Sch 2.35; 2018 No 59, Sch 1 [23]–[28]; 2023 No 42, Sch 5[11]–[13]. |
Sec 60E | Ins 1994 No 23, Sch 1 (1). |
Sec 60F | Ins 1994 No 23, Sch 1 (1). Am 2006 No 120, Sch 2.86. |
Secs 60G–60K | Ins 1994 No 23, Sch 1 (1). |
Sec 60KA | Ins 1995 No 91, Sch 1 [31]. Am 2010 No 117, Sch 1 [20]; 2012 No 103, Sch 3 [12]; 2018 No 59, Sch 1 [29]–[33]; 2024 No 78, Sch 1[10]. |
Sec 60L (previously sec 60A) | Ins 1990 No 48, Sch 1. Renumbered 1994 No 23, Sch 1 (2). Am 1995 No 91, Sch 1 [32]; 2002 No 115, Sch 2 [1] [2]; 2011 No 62, Sch 3.33; 2018 No 59, Sch 1 [29] [34]. |
Sec 60M | Ins 2024 No 78, Sch 1[11]. |
Sec 61 | Rep 1995 No 91, Sch 1 [33]. Ins 1995 No 91, Sch 1 [34]. Am 2000 No 32, Sch 1 [32]; 2002 No 115, Sch 2 [3] [4]; 2010 No 117, Sch 1 [21]; 2018 No 59, Sch 1 [29] [34]–[36]. |
Sec 61A | Ins 1995 No 91, Sch 1 [34]. Am 2018 No 59, Sch 1 [37]. |
Sec 61AA | Ins 2010 No 117, Sch 1 [22]. |
Sec 61B | Ins 1995 No 91, Sch 1 [34]. Am 2018 No 59, Sch 1 [29] [37] [38]. |
Sec 61C | Ins 1995 No 91, Sch 1 [34]. Am 2018 No 59, Sch 1 [37]. |
Sec 61D | Ins 1995 No 91, Sch 1 [34]. Am 2018 No 59, Sch 1 [29] [39]. |
Sec 61E | Ins 1995 No 91, Sch 1 [34]. Subst 2018 No 59, Sch 1 [40]. |
Sec 62 | Am 1991 No 94, Sch 2; 2012 No 103, Sch 3 [12]; 2018 No 59, Sch 1 [41]. |
Sec 62A | Ins 1995 No 91, Sch 1 [35]. Am 2000 No 32, Sch 1 [33]; 2018 No 59, Sch 1 [29] [34]. |
Sec 62B | Ins 1996 No 89, Sch 1.3 [2]. |
Sec 63A | Ins 2000 No 32, Sch 1 [34]. Am 2010 No 117, Sch 1 [23]–[25]; 2015 No 15, Sch 1.25 [6]; 2018 No 59, Sch 1 [42]. |
Sec 63AA | Ins 2015 No 15, Sch 1.25 [7]. Am 2024 No 78, Sch 1[12]. |
Sec 63B | Ins 2005 No 80, Sch 1 [9]. Am 2006 No 94, Sch 3.33 [7] [8]; 2013 No 108, Sch 2.3. |
Sec 64A | Ins 2010 No 117, Sch 1 [26]. |
Sec 66 | Am 2007 No 94, Sch 4. |
Sec 69 | Rep 1990 No 108, Sch 1. |
Sch 1, heading | Subst 2009 No 38, Sch 1 [9]. Rep 2010 No 117, Sch 1 [27]. |
Sch 1 | Am 1995 No 91, Sch 1 [36]; 1996 No 30, Sch 2.26; 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2009 No 38, Sch 1 [9]–[12]. Rep 2010 No 117, Sch 1 [27]. |
Sch 2 | Am 2009 No 38, Sch 1 [13]; 2012 No 103, Sch 3 [12]; 2015 No 15, Sch 1.25 [8]; 2018 No 59, Sch 1 [43] [44]. |
Sch 3 | Am 1995 No 91, Sch 1 [37]. |
Sch 4 | Am 1994 No 23, Sch 1 (3); 1995 No 91, Sch 1 [38] [39]; 2000 No 32, Sch 1 [35] [36]; 2008 No 8, Sch 1 [1] [2]; 2009 No 38, Sch 1 [14]; 2010 No 46, Sch 2.3 [3] [4]; 2010 No 117, Sch 1 [28] [29]; 2011 No 62, Sch 1.19; 2012 No 103, Sch 3 [40] [41]; 2018 No 59, Sch 1 [45]. |
The whole Act | Am 1995 No 91, Sch 1 [3] (“State Rescue and Emergency Services Board” omitted wherever occurring, “State Rescue Board” inserted instead). |
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