Emergency Services Medal Regulations

Administered by Department of the Prime Minister and Cabinet

Legislation au C2010Q00062 In force Prerogative Instrument

Legislation content

ELIZABETH R

 

 

 

COMMONWEALTH OF AUSTRALIA

ELIZABETH THE SECOND, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth:

TO ALL to whom these Presents shall come,

GREETING:

WHEREAS it is desirable that there be instituted an Australian medal for the purpose of according recognition to members of Australian emergency services for distinguished service and to persons who render distinguished service relating to emergency management, training or education:

KNOW YOU that We do, by these Presents, institute a medal to be called the Emergency Services Medal:

AND WE DO ordain that the award of the Emergency Services Medal is governed by the Regulations set out in the Schedule.

IN WITNESS whereof We have caused these Our Letters to be made Patent.

GIVEN under the Great Seal of Australia at Our Court at St James’s on 7 July 1999

 

By Her Majesty’s Command,

John Howard

Prime Minister

 

Schedule

Emergency Services Medal Regulations

1 Name of regulations

  These regulations are the Emergency Services Medal Regulations.

2 Definitions

  In these regulations:

Defence Force has the same meaning as in the Defence Act 1903.

emergency service means a civilian emergency service of a State or Territory of Australia, regardless of whether the service is operated by the government of the State or Territory or by a non-government organisation.

external Territory means Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.

Medal means the Emergency Services Medal.

Register means the Register maintained under paragraph 9 (2) (a).

Registrar means the Registrar of Awards appointed under subregulation 9 (1).

responsible Minister means:

 (a) for regulation 4 — the Commonwealth Minister for the time being responsible for the management of emergency situations; or

 (b) for a State — the Premier of the State or a Minister of that State acting for the Premier; or

 (c) for the Australian Capital Territory or the Northern Territory — the Chief Minister of the Territory or a Minister of that Territory acting for the Chief Minister; or

 (d) for an external Territory — the Minister for the time being responsible for administering the Territory.

3 Award of the Medal — distinguished emergency service

 (1) The Medal may be awarded to a person who has given distinguished service as a member of an emergency service.

 (2) The Medal may be awarded regardless of whether the person is eligible for any other award because of the service.

 (3) However, a person who is already a holder of the Medal is not eligible for another award of the Medal.

 (4) The number of awards of the Medal for each State in a calendar year must not exceed:

 (a) one award for each 1,000, or part of 1,000, full-time permanent members of the emergency service, or combined emergency services, of the State; and

 (b) one award for each 5,000, or part of 5,000, part-time members, volunteers or auxiliary members of the emergency service, or combined emergency services, of the State; and

 (c) one additional award to a full-time permanent member, part-time member, volunteer or auxiliary member.

 (5) The number of members of the emergency service, or combined emergency services, of a State is the number of members serving on 30 June before the calendar year in which an award of the Medal is made.

 (6) One Medal may be awarded in a calendar year for the Australian Capital Territory.

 (7) One Medal may be awarded in a calendar year for the Northern Territory.

 (8) One Medal may be awarded in a calendar year for all of the external Territories.

4 Award of the Medal — management, training or education

 (1) The Medal may be awarded to a person who has given distinguished service relating to emergency management, training or education.

 (2) The Medal may be awarded regardless of whether the person is:

 (a) a member of an emergency service; or

 (b) a member of the Defence Force; or

 (c) a remunerated officer of the Commonwealth.

 (3) One Medal may be awarded in a calendar year.

5 Making of Awards

 (1) An award of the Medal must be:

 (a) made by the Governor-General, on the nomination of a responsible Minister; and

 (b) notified in the Commonwealth of Australia Gazette.

 (2) Before nominating a person for an award of the Medal, the responsible Minister must consider whether the person’s distinguished service would be more appropriately recognised by another award to which the person is entitled.

6 Design of the Medal

  The design of the Medal is as determined by the Governor-General.

7 Wearing of the Medal

  The manner of wearing of the Medal is as determined by the Governor-General.

8 Designation of holders of the Medal

  A person to whom the Medal has been awarded is entitled to have the letters ‘ESM’ placed after his or her name on all occasions when the use of such letters is customary.

9 Registrar of Awards

 (1) The Governor-General must appoint a Registrar of Awards.

 (2) The Registrar must:

 (a) maintain a Register of the names of persons to whom the Medal has been awarded; and

 (b) keep such other records relating to the award of the Medal as the Governor-General directs.

10 Cancellation of award

 (1) On the recommendation of a responsible Minister, the Governor-General may cancel an award made under these regulations.

 (2) If an award of the Medal is cancelled:

 (a) the Registrar must strike from the Register the entry relating to the award; and

 (b) the person holding the Medal must return the Medal to the Registrar.

11 Reinstatement of award

 (1) On the recommendation of a responsible Minister, the Governor-General may reinstate an award that has been cancelled.

 (2) If an award is reinstated, the Registrar must:

 (a) restore the entry that was struck from the Register; and

 (b) return the Medal.

Overview

Enacted in 1999, the Emergency Services Medal Regulations 1999 aim to provide formal recognition to individuals who have made distinguished contributions to emergency services, emergency management, training, or education within Australia. This legislation was introduced to fill the need for an official award system that honours the efforts and sacrifices of emergency service personnel and other individuals who play a critical role in emergency preparedness and response. The regulations were issued under the authority of the Commonwealth of Australia and establish the criteria and procedures for the awarding of the Emergency Services Medal. The policy objective is to acknowledge and celebrate the significant contributions made by these individuals to the safety and well-being of the community.

Scope and Application

The Emergency Services Medal Regulations 2010, established under the prerogative instrument, provide a framework for the awarding of the Emergency Services Medal to recognise distinguished service within emergency services in Australia. This Act applies to individuals who have rendered distinguished service as members of emergency services or in areas of emergency management, training, or education, irrespective of whether they are members of emergency services or the Defence Force. The award is limited to one per year for each state, the Australian Capital Territory, the Northern Territory, and the external Territories of Norfolk Island, Christmas Island, and Cocos (Keeling) Islands, with specific caps based on the number of full-time and part-time members of the emergency service. The award process involves nomination by a responsible Minister, consideration of whether another award might be more appropriate, and final determination by the Governor-General, who also oversees the appointment of the Registrar of Awards and the maintenance of a Register of recipients. The Medal's design and wearing guidelines are determined by the Governor-General, and recipients are entitled to use the postnominal letters 'ESM'. The regulations also provide for the cancellation and reinstatement of awards upon recommendation by a responsible Minister.

Key Provisions

The Emergency Services Medal Regulations (Regulations) lay out the criteria and procedures for the awarding of the Emergency Services Medal (ESM). According to Regulation 3, the Medal is awarded to individuals who have rendered distinguished service as a member of an emergency service, as defined under Regulation 2. The criteria for eligibility and the number of awards are detailed, with specific limits set for each state and territory to ensure proportionality based on the size of the emergency service membership. Regulation 4 further specifies that the Medal can also be awarded to individuals who have distinguished themselves in emergency management, training, or education, irrespective of their affiliation with an emergency service or the Defence Force. The design and wearing of the Medal, as well as the designation of its holders, are determined by the Governor-General as per Regulations 6 and 7, respectively. The Regulations impose several obligations on the parties involved. The responsible Minister must consider whether a nominee's distinguished service would be more appropriately recognised by another award before nominating them for the ESM (Regulation 5). The Governor-General is tasked with making the final award, on the recommendation of a responsible Minister, and ensuring that each award is notified in the Commonwealth of Australia Gazette (Regulation 5). The Governor-General also has the responsibility to appoint a Registrar of Awards who must maintain a Register of all award recipients and any other records as directed by the Governor-General (Regulation 9). Furthermore, the Registrar must handle the process of cancelling and reinstating awards as per the recommendations of the responsible Minister and the decisions of the Governor-General (Regulations 10 and 11). Breaches of the Regulations may lead to various consequences. Regulation 10 allows for the cancellation of an award if recommended by a responsible Minister and approved by the Governor-General. When an award is cancelled, the Registrar must remove the recipient's name from the Register, and the Medal must be returned to the Registrar (Regulation 10(2)). Conversely, Regulation 11 provides for the reinstatement of a cancelled award, which requires the Registrar to restore the recipient's name to the Register and return the Medal to the recipient. While the Regulations do not specify particular offences or penalties for breaches, the serious nature of these actions suggests potential civil or criminal repercussions if the misconduct is deemed significant enough to warrant such measures.

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Area of Law
Awards & Honors
Instrument
Regulation
Concepts
Definitions & Interpretation
Award of the Medal
Cancellation of award

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.