State Emergency and Rescue Management Amendment Act 2000 (NSW)

An Act to amend the State Emergency and Rescue Management Act 1989 to make further provision with respect to the management of State emergencies and rescues.

1Name of Act

This Act is the State Emergency and Rescue Management Amendment Act 2000.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of State Emergency and Rescue Management Act 1989 No 165

The State Emergency and Rescue Management Act 1989 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Section 3 Definitions

Omit “primarily responsible for responding to” from the definition of combat agency in section 3 (1).

Insert instead “primarily responsible for controlling the response to”.

[2]Section 3 (1) Definition of “emergency operations centre”

Insert “, and as a centre for the co-ordination of operations and support,” after “centre of communication”.

[3]Section 3 (1) Definition of “functional area”

Omit the definition. Insert instead:

functional area means a category of services involved in the preparations for an emergency, including the following:

• (a)

  agricultural and animal services,

• (b)

  communication services,

• (c)

  engineering services,

• (d)

  environmental services,

• (e)

  health services,

• (f)

  public information services,

• (g)

  transport services,

• (h)

  welfare services.

[4]Section 4 Definition of “emergency”

Insert “or animals” after “the safety or health of persons”.

[5]Section 4 (2)

Insert at the end of section 4:

(2)

For the purposes of the definition of emergency, property in the State includes any part of the environment of the State. Accordingly, a reference in this Act to:

• (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.

[6]Section 11 State Disasters Council

Insert after section 11 (3) (b):

(b1)

the Chairperson of the State Emergency Management Committee, and

[7]Section 12 State Disaster Plan

Omit “primarily responsible for responding to” from section 12 (3) (a). Insert instead “primarily responsible for controlling the response to”.

[8]Section 13

Omit the section. Insert instead:

13Operation of State Disaster Plan(1)

The relevant provisions of Displan have effect in the event of an emergency.

(2)

Displan has effect in the event of an emergency whether or not a state of emergency has been declared.

(3)

Agencies are authorised to undertake their responsibilities and functions under Displan in the event of an emergency. Government agencies may be required to do so by the Minister.

(4)

Any question concerning the application or operation of Displan may be referred to and determined by the Minister.

(5)

This section does not authorise or require any act or omission that is inconsistent with this or any other Act.

[9]Section 19 Responsibility and functions of State Emergency Operations Controller

Omit section 19 (1) and (2). Insert instead:

(1)

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 district, or

• (b)

  for which the State Emergency Operations Controller assumes responsibility.

(1A)

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 Displan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B).

(1B)

The State Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under Displan 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 or 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.

(2)

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.

(2A)

The State Emergency Operations Controller may assist a combat agency that is primarily responsible for controlling the response to an emergency in carrying out that responsibility.

[10]Section 21 Establishment of districts

Omit “Police districts (as defined by section 6 of the Justices Act 1902),” from section 21 (2).

[11]Section 22 District Emergency Management Committees

Omit section 22 (2) (a). Insert instead:

(a)

the District Emergency Operations Controller for the relevant district, who is to be the Chairperson of the Committee, and

[12]Section 22 (2) (d)

Omit the paragraph. Insert instead:

(d)

a representative of the organisations providing services in each functional area in the relevant district as may be determined by the Minister from time to time.

[13]Section 22 (3)

Insert at the end of the subsection “The representative of relevant organisations for a functional area under subsection (2) (d) is to be nominated in accordance with arrangements determined by the Minister.”.

[14]Section 22 (4)

Omit the subsection.

[15]Section 25 Functions of District Emergency Operations Controller

Omit section 25 (1) and (2). Insert instead:

(1)

The District Emergency Operations Controller for a district 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 district, or

• (b)

  for which the District Emergency Operations Controller assumes responsibility.

(1A)

The District Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under Displan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B).

(1B)

The District Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under Displan 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 District Emergency Operations Controller assuming that responsibility or, in the case of any disagreement on the matter, the Minister has directed the District Emergency Operations Controller to do so.

(1C)

The District Emergency Operations Controller is not responsible for controlling the response to an emergency for which the State Emergency Operations Controller has assumed responsibility.

(2)

The District 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.

(2A)

The District Emergency Operations Controller may assist a combat agency that is primarily responsible for controlling the response to an emergency in carrying out that responsibility.

[16]Section 28 Local Emergency Management Committees

Insert at the end of section 28 (2):

•

, and

(d)

the Local Emergency Operations Controller for the relevant local government area.

[17]Section 28 (6)

Omit the subsection.

[18]Section 31 Functions of Local Emergency Operations Controller

Omit section 31 (1) and (2). Insert instead:

(1)

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.

(1A)

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 Displan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B).

(1B)

The Local Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under Displan 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 or, in the case of any disagreement on the matter, the Minister has directed the Local Emergency Operations Controller to do so.

(1C)

The Local Emergency Operations Controller is not responsible for controlling the response to an emergency for which the State or District Emergency Operations Controller has assumed responsibility.

(2)

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.

(2A)

The Local Emergency Operations Controller may assist a combat agency that is primarily responsible for controlling the response to an emergency in carrying out that responsibility.

[19]Section 37A Powers to take other safety measures

Insert “or animals” after “protecting persons” in section 37A (1).

[20]Section 46 Staff of Board

Omit the section.

[21]Section 47

Omit the section. Insert instead:

47Principal function of Board

The principal function of the State Rescue Board is to ensure the maintenance of efficient and effective rescue services throughout the State.

[22]Section 48 Particular duties of Board

Omit section 48 (1) (a). Insert instead:

(a)

develop policies to promote the provision of comprehensive, balanced and co-ordinated rescue services throughout the State,

[23]Section 48 (1) (b)

Omit “the rescue and emergency services”.

Insert instead “the provision of rescue services within the State”.

[24]Section 48 (1) (c)

Omit “prepare, co-ordinate and”.

[25]Section 48 (1) (d)

Omit the paragraph.

[26]Section 48 (1) (e)

Omit the paragraph. Insert instead:

(e)

review and disseminate to relevant agencies technical information relating to rescue operations,

[27]Section 48 (1) (g)

Omit “purchase, allocation and”.

[28]Section 48 (1) (j), (k)

Omit the paragraphs. Insert instead:

(j)

assist in the conduct of training exercises in rescue operations involving the various agencies concerned,

[29]Section 48 (2)

Omit the subsection.

[30]Section 48A

Insert after section 48:

48ADistrict and local rescue committees(1)

Rescue committees are to be established for each district and for each local government area.

(2)

The rescue committee for a district is to be chaired by the District Emergency Operations Controller for the district and is to comprise senior representatives of emergency services organisations operating in the district nominated by those organisations.

(3)

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.

(4)

Rescue committees are to assist the State Rescue Board in the exercise of its functions within the district 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 district or area should be recommended to the Minister.

(5)

Rescue committees are subject to the control and direction of the State Rescue Board.

(6)

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.

[31]Section 49A

Insert after section 49:

49AAnnual report by Board(1)

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.

(2)

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.

[32]Section 61 Power of police to take other safety measures

Insert “or animals” after “protecting persons” in section 61 (1).

[33]Section 62A Certain damage to be covered by insurance

Insert “or animals” after “protect persons” in section 62A (2).

[34]Section 63A

Insert after section 63:

63AStaff(1)

Such staff as may be necessary to enable:

• (a)

  a relevant emergency or rescue management organisation to exercise its functions, and

• (b)

  the operation of the State emergency operations centre,

is to be employed under Part 2 of the Public Sector Management Act 1988.

(2)

In this section, relevant emergency or rescue management organisation means:

• (a)

  the State Disasters Council, or

• (b)

  the State Emergency Management Committee, or

• (c)

  the State Rescue Board, or

• (d)

  a subcommittee of any such organisation.

[35]Schedule 4 Savings, transitional and other provisions

Insert at the end of clause 1 (1) of Part 1:

State Emergency and Rescue Management Amendment Act 2000

[36]Schedule 4

Insert at the end of the Schedule:

Part 5Provisions consequent on State Emergency and Rescue Management Amendment Act 20008Definition

In this Part:

amending Act means the State Emergency and Rescue Management Amendment Act 2000.

9Existing District and Local Rescue Sub-committees(1)

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.

(2)

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.