Overview

The Jervis Bay Territory Emergency Management Ordinance 2015 was enacted to address the need for emergency management measures in the Jervis Bay Territory, which is administered by the Commonwealth of Australia. The legislation was introduced to ensure that the Territory has adequate provisions for managing emergencies, particularly bushfires, and to protect volunteer emergency workers who respond to such incidents. The enactment of this Ordinance is pursuant to Section 4F(1) of the Jervis Bay Territory Acceptance Act 1915, which empowers the Governor-General to make ordinances for the peace, order, and good governance of the Territory. The Minister for Infrastructure and Regional Development has been tasked with overseeing the application of this Ordinance during emergency operations, with the overarching policy objective being to ensure that the emergency management services and protections in the Territory mirror those provided in equivalent New South Wales communities. The Ordinance is modelled on NSW legislation to facilitate cross-border service provision and to ensure that residents and visitors in the Territory receive consistent protections.

Scope and Application

The Jervis Bay Territory Emergency Management Ordinance 2015 applies to the Jervis Bay Territory and provides for the management of emergencies within this jurisdiction. This legislation is enacted under the Jervis Bay Territory Acceptance Act 1915, allowing the Governor-General to establish ordinances for the Territory's governance. Specifically, the Ordinance aims to protect volunteer emergency workers who are engaged in responding to emergencies, aligning the Territory’s emergency management regime with that of New South Wales to facilitate effective cross-border service provision. The Minister responsible for the Territory has delegated authority to officials within the Department of Infrastructure and Regional Development to direct the application of Part 4 of the Ordinance during emergency operations. This part of the Ordinance is designed to ensure that the protections and services provided in the Territory are consistent with those in equivalent state communities. The Australian Government’s policy objective is to maintain a parity in emergency management and bushfire control services between the Territory and New South Wales, reflecting the reliance on NSW-contracted emergency services and the need for harmonised regimes. Consultation for this legislative instrument was minimal due to the urgent nature of the bushfire threat, involving key stakeholders such as the New South Wales Rural Fire Service, the Australian Federal Police, and the Jervis Bay Territory Emergency Management Committee. The Ordinance is compatible with human rights as it does not engage any of the rights or freedoms declared in the relevant international instruments.

Key Provisions

The Jervis Bay Territory Emergency Management Ordinance 2015 (the Ordinance) provides a framework for managing emergencies within the Jervis Bay Territory, particularly focusing on the protection of volunteer emergency workers. Section 4F(1) of the Jervis Bay Territory Acceptance Act 1915 empowers the Governor-General to enact ordinances for the peace, order, and good government of the Territory, with Section 31(1) of the Ordinance specifically enabling the Minister responsible for the Territory to apply Part 4 during an emergency operation. Part 4 of the Ordinance is designed to safeguard volunteer emergency workers who leave their employment to respond to emergencies, ensuring they are protected in a manner similar to their counterparts in equivalent state communities. The Minister has delegated the authority to provide such protections to certain officials within the Australian Government, currently the Department of Infrastructure and Regional Development. This delegation is formalised in the Jervis Bay Territory Emergency Management Ordinance Delegation Instrument 2016 (No.1) dated 27 January 2016. The signatory of this Declaration acts as a delegate under this Instrument. The policy objective of the Australian Government is to maintain services and protections in the Territory that align with those in comparable state communities, particularly in terms of emergency management and bushfire control. The Ordinance draws heavily on New South Wales legislation, reflecting the Territory's reliance on NSW organisations for some emergency management services and aiming to harmonise regimes to facilitate cross-border service provision. Entities and individuals subject to the Ordinance must comply with its provisions, particularly those outlined in Part 4, which focus on the protection of volunteer emergency workers. These protections include ensuring that volunteers are not penalised for their absence from employment due to emergency response activities, aligning their entitlements with those of paid emergency service personnel. The Ordinance mandates that emergency management services provided by NSW organisations in the Territory adhere to the same standards and protections as those in NSW. The Australian Government, through its delegated officials, is responsible for overseeing the implementation of these protections and ensuring the smooth operation of emergency services within the Territory. Failure to comply with the provisions of the Ordinance can result in civil and criminal consequences. While the Ordinance does not explicitly detail specific penalties, breaches of similar legislation in NSW could serve as a reference point, with potential penalties including fines and other civil sanctions. Additionally, serious breaches could lead to criminal charges, resulting in further penalties such as imprisonment, depending on the severity of the breach. The compatibility of the Ordinance with human rights is assured, as it does not engage any of the applicable rights or freedoms, and no human rights issues are raised by the legislation.