State Emergency Service Act 1987 (SA)

South Australia

State Emergency Service Act 1987

An Act to establish the State Emergency Service; to make provision for the handling of certain emergency situations; and to provide for other related matters.

Contents

1Short title

2Commencement

3Interpretation

4Continuation of State Emergency Service South Australia

5The Director and the Deputy Director of the Service

6Director may delegate

7Annual report

8Functions of the Service

9S.E.S. units

10Emergency officers

11Director may assume command in certain emergencies

12Powers of emergency officers where Director assumes command

13Compensation where emergency officers cause damage through exercise of powers

14Members of recognised interstate emergency organisations have certain powers

15Powers of emergency officers in relation to other emergencies

16Offences

17Immunity from liability

19Evidentiary provision

20Offences are summary

21This Act does not derogate from other Acts

22Money required for the purposes of this Act

23Regulations

Legislative history

The Parliament of South Australia enacts as follows:

1—Short title

This Act may be cited as the State Emergency Service Act 1987.

2—Commencement

(1)This Act shall come into operation on a day to be fixed by proclamation.

(2)The Governor may, in a proclamation fixing a day for this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation.

3—Interpretation

In this Act, unless the contrary intention appears—

assistant emergency officer means a member of an S.E.S. unit who has not been appointed under this Act as an emergency officer;

the Deputy Director means the person for the time being holding, or acting in, the position of Deputy Director of State Emergency Service South Australia;

the Director means the person for the time being holding, or acting in, the position of Director of State Emergency Service South Australia;

emergency means any occurrence (including, without limiting the generality of this definition, fire, flood, storm, tempest, earthquake, eruption, epidemic of human, animal or plant disease and accident) that causes, or threatens to cause, loss of life or injury to persons or animals or damage to property, but does not include—

(a)an occurrence in respect of which a declaration under the State Disaster Act 1980 is in force; or

(b)a civil riot or disturbance; or

(c)an industrial dispute;

emergency officer means a person appointed by or under this Act as an emergency officer;

emergency order means an order of the Director in force under section 11(1);

the Service means State Emergency Service South Australia continued in existence under this Act;

S.E.S. unit means an organisation registered as an S.E.S. unit under this Act.

4—Continuation of State Emergency Service South Australia

(1)The State Emergency Service continues in existence as State Emergency Service South Australia.

(2)The Service shall be comprised of—

(a)the Director, the Deputy Director and those other persons designated by the Minister as forming part of the Service who are Public Service employees; and

(b)the members of all S.E.S. units; and

(c)all persons who assist the Director on a voluntary basis.

5—The Director and the Deputy Director of the Service

(1)There shall be a Director and a Deputy Director of the Service.

(2)The positions of Director and Deputy Director are positions in the Public Service of the State.

(3)The Director may, but need not, be the Chief Executive of the administrative unit that comprises or includes the members of the Service who are Public Service employees.

6—Director may delegate

(1)The Director may, with the approval of the Minister, delegate to any person appointed to the Public Service of the State any of the Director's powers under this Act, except the powers under section 11(1) and (3) to assume command of operations and to extend an order assuming command.

(2)The Director may, with the approval of the Minister, delegate the powers under section 11(1) and (3) to the Deputy Director.

(3)A delegation under this section is revocable at will and does not prevent the Director from exercising any power.

7—Annual report

(2)The Chief Executive of the administrative unit that comprises or includes the members of the Service who are Public Service employees must, on or before the thirtieth day of September in each year, submit a report to the Minister on the administration of this Act during the period of 12 months that ended on the preceding thirtieth day of June.

(3)The Minister must, as soon as practicable after receiving a report submitted pursuant to subsection (2), cause a copy of the report to be laid before each House of Parliament.

8—Functions of the Service

The functions of the Service are as follows:

(a)to assist the Commissioner of Police in dealing with any emergency; and

(b)to assist the State Co-ordinator, in accordance with the State Disaster Plan, in carrying out response or recovery operations under the State Disaster Act 1980; and

(c)to assist the South Australian Metropolitan Fire Service and the Country Fire Service Board in dealing with emergencies in accordance with the Acts under which those authorities are established; and

(d)to deal with an emergency where no other body or person has lawful authority to assume command of operations for dealing with the emergency; and

(e)to deal with an emergency until such time as any other body or person that has lawful authority to assume command of operations for dealing with the emergency has assumed command; and

(ea)to respond to emergency calls and, where appropriate, provide assistance in any situation of need whether or not the situation constitutes an emergency; and

(f)to carry out such other functions as may be assigned to the Service by this Act or any other Act or by the Minister.

9—S.E.S. units

(1)On the application of an organisation formed for the purpose of dealing with emergencies, the Director may, by instrument published in the Gazette, register the organisation as an S.E.S. unit and assign it a distinctive name.

(2)An organisation is, on being registered as an S.E.S. unit, a body corporate and any former incorporation is, by virtue of that registration, dissolved.

(3)Where the incorporation of an organisation is dissolved pursuant to subsection (2), the real and personal property and rights and liabilities of the organisation are, by force of this subsection, transferred to and vested in the S.E.S. unit.

(4)An S.E.S. unit is authorised to perform such functions as are assigned to it by its constitution or by or under this Act.

(5)The constitutions and membership lists of all S.E.S. units must be available for inspection by any interested member of the public, on payment of the prescribed fee, at the Service's headquarters.

(6)Where—

(a)an S.E.S. unit wishes to be dissolved; or

(b)the Director is of the opinion that an S.E.S. unit has become defunct or is not properly performing its functions,

the Director may, by instrument published in the Gazette, cancel the registration and dissolve the organisation.

(7)Where an S.E.S. unit is dissolved pursuant to this section, the real and personal property and rights and liabilities of the unit are, by force of this subsection, transferred to and vested in the Minister, and the Minister may dispose of any property so vested in such manner as the Minister considers will best promote the objects of this Act.

(8)An S.E.S. unit is exempt from—

(a)rates under the Local Government Act 1934; and

(b)rates under the Waterworks Act 1932 or the Sewerage Act 1929; and

(c)land tax under the Land Tax Act 1936.

10—Emergency officers

(1)The Director is an emergency officer for the purposes of this Act.

(2)The Director may appoint, individually or by class, such other persons to be emergency officers for the purposes of this Act as the Director thinks fit.

11—Director may assume command in certain emergencies

(1)Where it appears to the Director—

(a)that an emergency has arisen or is imminent; and

(b)that no other body or person has lawful authority to assume command, or that no other body or person having lawful authority to assume command has done so,

the Director may, by written order, assume command of all operations for dealing with the emergency.

(2)An order under subsection (1) remains, unless sooner revoked, in force for a period of 48 hours.

(3)The Director may, by written order, with the approval of the Minister, extend an order under subsection (1) for a further period of 24 hours.

(4)The Director must, as soon as reasonably practicable after making an order under subsection (1) or (3), publish the order in the prescribed manner or, in the absence of regulations prescribing the manner in which the order is to be published, in such manner as the Director thinks appropriate in the circumstances.

(5)The Director may, by written order, revoke an order made under subsection (1).

(6)The fact that the Director has, by order, assumed command of operations for dealing with an emergency does not prevent some other body or person who has lawful authority to assume command from doing so and, on that other body or person assuming command, the order of the Director shall be deemed to have been revoked.

(7)The Director, forthwith upon assuming command of operations for dealing with an emergency in respect of which some other body or person has lawful authority to assume command, must notify that other body or person of the action taken by the Director.

(8)Where both the Director and the Deputy Director are absent or are for some other reason unable to exercise a power under subsection (1) or (3), the Minister may exercise that power, and a reference in this Act to an order of the Director will be taken to include a reference to an order of the Minister under this section.

12—Powers of emergency officers where Director assumes command

(1)An emergency officer may, while an emergency order is in force, do or cause to be done such things as the officer considers necessary or desirable for the protection of life or property under threat as a result of the emergency to which the order relates.

(2)Without limiting the generality of subsection (1), an emergency officer may—

(a)require the owner, or the person for the time being in charge of, any real or personal property to place it under the control or at the disposition of a person nominated by the emergency officer; or

(b)direct the evacuation or removal of persons or animals from an area or place, and their removal to an area or place nominated by the emergency officer; or

(c)enter and, if necessary, break into any land, building, structure or vehicle; or

(d)take possession of or assume control over any land, body of water, building, structure or vehicle; or

(e)remove, demolish or destroy any building, structure, vehicle, vegetation or seriously injured animal; or

(f)shut off, or cut off, any supply of fuel, gas, electricity or water, or any drainage facility; or

(g)direct or prohibit the movement of persons, animals or vehicles; or

(h)remove to such place as the emergency officer thinks proper any person who obstructs or threatens to obstruct the taking of any action pursuant to this section; or

(i)direct (but only so far as is reasonably necessary in all the circumstances) any person to assist the emergency officer in the exercise of the powers vested in the emergency officer by this section.

13—Compensation where emergency officers cause damage through exercise of powers

(1)A person is entitled to be compensated for any injury, loss or damage—

(a)that arises in consequence of anything done in the exercise or purported exercise of powers under section 12 (apart from subsection (2)(h)); and

(b)that would not have arisen in any event in consequence of the emergency.

(2)In assessing compensation under subsection (1), the following must be taken into account:

(a)any amount recovered, or recoverable, by the person suffering the injury, loss or damage under a policy of insurance; and

(b)the extent (if at all) to which the conduct of the person suffering the injury, loss or damage contributed to that injury, loss or damage.

14—Members of recognised interstate emergency organisations have certain powers

(1)In this section—

recognised interstate emergency organisation means an organisation formed outside this State that has been declared by the Director, by notice in the Gazette, to be a recognised interstate emergency organisation.

(2)A member of a recognised interstate emergency organisation who assists in dealing with an emergency in this State in respect of which an emergency order is in force shall, while so assisting, be deemed for all purposes to be an emergency officer.

15—Powers of emergency officers in relation to other emergencies

(1)An emergency officer or an assistant emergency officer may, on the request of a member of the police force, assist the police in dealing with an emergency.

(2)An emergency officer or an assistant emergency officer may, on the request of an authorised officer under the State Disaster Act 1980, assist in response or recovery operations under that Act.

(3)An emergency officer or an assistant emergency officer may, on the request of a commanding officer under the South Australian Metropolitan Fire Service Act 1936, assist in dealing with a fire or other emergency in accordance with that Act.

(4)An emergency officer or an assistant emergency officer may, on the request of a fire control officer or C.F.S. officer under the Country Fires Act 1989 assist in dealing with a fire or other emergency in accordance with that Act.

(5)An emergency officer or an assistant emergency officer may, on the request of a person in command of operations to deal with an emergency that has occurred outside this State, assist in those operations.

16—Offences

(1)A person shall not, without reasonable excuse, refuse or fail to comply with a direction given by an emergency officer, or a person acting at the direction of an emergency officer, under this Act.

Penalty: $5 000.

(2)A person shall not obstruct or interfere with an emergency officer, or a person acting at the direction of an emergency officer, while that officer or person is acting under this Act.

Penalty: $5 000.

17—Immunity from liability

(1)An emergency officer, an assistant emergency officer or any person assisting at the direction of an emergency officer incurs no civil or criminal liability for an act or omission in good faith in the exercise, performance or discharge, or purported exercise, performance or discharge, of a power, function or duty under this Act.

(2)A liability that would, but for subsection (1), lie against an emergency officer or other person lies against the Crown.

19—Evidentiary provision

In any proceedings, an apparently genuine document purporting to be signed by the Director and certifying—

(a)that an order by which the Director assumed command of operations for dealing with a specified emergency was in force on a specified day or during a specified period; or

(b)that a specified person was, on a specified day, an emergency officer, or a person acting at the direction of an emergency officer,

is, in the absence of proof to the contrary, proof of the facts certified.

20—Offences are summary

(1)Offences against this Act are summary offences.

(2)Proceedings for an offence against this Act may not be commenced except upon the authorisation of the Attorney-General.

(3)In any proceedings, an apparently genuine document purporting to be signed by the Attorney-General and to authorise the commencement of proceedings for an offence against this Act is, in the absence of proof to the contrary, proof of that authorisation.

21—This Act does not derogate from other Acts

The provisions of this Act are in addition to, and do not derogate from, the provisions of any other Act.

22—Money required for the purposes of this Act

The money required for the purposes of this Act will be paid out of money provided by Parliament for the purpose.

23—Regulations

(1)The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.

(2)Without limiting the generality of subsection (1), the regulations may—

(a)provide for the manner in which any of the powers of emergency officers must be exercised;

(b)provide for the registration, or the cancellation of registration, of S.E.S. units and prescribe functions, powers or duties for S.E.S. units;

(c)provide for the publication of orders made under this Act;

(d)prescribe fees in respect of administrative matters;

(e)prescribe penalties, not exceeding $500, for breach of, or non-compliance with, the regulations.

(3)Regulations made under this section—

(a)may apply generally or to a particular case or class of case; or

(b)may apply throughout the State or to a particular part of the State; or

(c)may vary according to any other factor.

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.

Repeal of Act

The State Emergency Service Act 1987 was repealed by Sch 6 cl 13(c) of the Fire and Emergency Services Act 2005 on 1.10.2005.

Principal Act and amendments

Year	No	Title	Assent	Commencement
1987	14	State Emergency Service Act 1987	9.4.1987	1.1.1988 (Gazette 23.12.1987 p1916) except s 18 which was deleted by 66/1991 without coming into operation
1991	66	State Emergency Service (Immunity for Members) Amendment Act 1991	5.12.1991	19.12.1991 (Gazette 19.12.1991 p1907)
1994	73	State Disaster (Major Emergencies and Recovery) Amendment Act 1994	1.12.1994	2.2.1995 (Gazette 2.2.1995 p200)
1996	60	State Emergency Service (Miscellaneous) Amendment Act 1996	8.8.1996	8.8.1996

Provisions amended

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
s 3
assistant emergency officer	inserted by 66/1991 s 3	19.12.1991
the Commissioner	deleted by 60/1996 s 2(a)	8.8.1996
the Deputy Director	amended by 60/1996 s 2(b)	8.8.1996
the Director	amended by 60/1996 s 2(c)	8.8.1996
the Service	substituted by 60/1996 s 2(d)	8.8.1996
s 4
s 4(1)	substituted by 60/1996 s 3(a)	8.8.1996
s 4(2)	amended by 60/1996 s 3(b)	8.8.1996
s 5
s 5(1)	amended by 60/1996 s 4(a)	8.8.1996
s 5(2)	substituted by 60/1996 s 4(b)	8.8.1996
s 5(3)	inserted by 60/1996 s 4(b)	8.8.1996
s 7
s 7(1)	deleted by 60/1996 s 5(a)	8.8.1996
s 7(2)	amended by 60/1996 s 5(b)	8.8.1996
s 8	amended by 66/1991 s 4	19.12.1991
amended by 73/1994 Sch 2	2.2.1995
amended by 60/1996 s 6	8.8.1996
s 15
s 15(1)	amended by 66/1991 s 5(a)	19.12.1991
s 15(2)	amended by 66/1991 s 5(a)	19.12.1991
amended by 73/1994 Sch 2	2.2.1995
s 15(3)	amended by 66/1991 s 5(a)	19.12.1991
s 15(4)	amended by 66/1991 s 5	19.12.1991
s 15(5)	amended by 66/1991 s 5(a)	19.12.1991
s 17
s 17(1)	substituted by 66/1991 s 6	19.12.1991
s 18	deleted by 66/1991 s 7	19.12.1991

Historical versions

Reprint No 1—15.1.1992

Reprint No 2—2.2.1995