Jervis Bay Territory Emergency Management (Employment Protection—Bushfires) Direction 2019

Overview

The Jervis Bay Territory Emergency Management Ordinance 2015 was enacted to provide specific provisions for emergency management within the Jervis Bay Territory, complementing the Jervis Bay Territory Acceptance Act 1915. This legislation was introduced to address the need for a robust emergency response framework in the Territory, particularly in light of bushfires and other emergencies that could threaten the lives, property, and environment of its residents and visitors. The enactment was authorised by the Parliament of Australia under the authority granted in the Jervis Bay Territory Acceptance Act 1915, which empowers the Governor-General to create ordinances for the peace, order, and good governance of the Territory. The primary policy objective is to ensure that emergency management and bushfire control services and protections in the Jervis Bay Territory align with those provided in equivalent state communities, particularly New South Wales, given the geographical and operational linkages. This alignment aims to facilitate seamless cross-border service provision and maintain consistent levels of protection for all affected parties.

Scope and Application

The Jervis Bay Territory Emergency Management Ordinance 2015 applies to the Jervis Bay Territory and specifically targets emergency operations within this jurisdiction. It was enacted under the authority granted by Subsection 4F(1) of the Jervis Bay Territory Acceptance Act 1915, which empowers the Governor-General to create ordinances for the peace, order, and good governance of the Territory. This ordinance enables the Minister responsible for the Territory to direct that Part 4 of the Ordinance applies to emergency operations, aiming to provide protection for volunteer emergency workers who are absent from their place of employment to respond to emergencies. The Minister has delegated this authority to specific officials within the Department of Infrastructure and Regional Development. This Direction was made in response to a declared State of Emergency in the Jervis Bay Territory, effective from 19 December 2019 to 26 December 2019, and is compatible with human rights as it does not engage any applicable rights or freedoms. The Ordinance is modelled on New South Wales legislation to ensure harmonisation and facilitate the cross-border provision of emergency services, thereby aligning the protections and services within the Territory with those available in equivalent state communities.

Key Provisions

The Jervis Bay Territory Emergency Management Ordinance 2015, particularly Part 4, establishes specific protections for volunteer emergency workers responding to emergencies within the Territory. Section 31(1) of this Ordinance allows the Minister responsible for the Territory to direct that Part 4 applies during emergency operations. The key provision of this part is designed to safeguard volunteer emergency workers who are absent from their employment to handle emergency situations. This protection is crucial to ensure that these volunteers are not adversely affected due to their participation in emergency response efforts. The protections are intended to mirror those available in equivalent state communities, particularly those in New South Wales, given the shared provision of emergency management services and the need for harmonisation to ensure consistent protections. Under this Ordinance, the Department of Infrastructure and Regional Development has been delegated the authority to provide the aforementioned protections for volunteer emergency workers. This delegation was made through the Jervis Bay Territory Emergency Management Ordinance Delegation Instrument 2016 (No.1). The directive issued under this delegation is effective from 19 December 2019, coinciding with the Declaration of a State of Emergency in the Jervis Bay Territory, which extends until 26 December 2019. The protections remain in effect until midnight on Thursday, 26 December 2019, unless otherwise revoked. The authority to issue such a directive is vested in a delegate of the Minister, as specified in the aforementioned delegation instrument. The Jervis Bay Territory Emergency Management Ordinance 2015 imposes several obligations on the parties involved, primarily focusing on the protection of volunteer emergency workers. The Department of Infrastructure and Regional Development, as the delegate, must ensure that the protections stipulated in Part 4 of the Ordinance are implemented and upheld during the declared state of emergency. This includes measures to safeguard the employment rights and conditions of volunteer emergency workers who are responding to the emergency. The Department must also ensure that these protections are consistent with those provided in equivalent state communities, particularly in New South Wales, to maintain the alignment and effectiveness of emergency management services. In terms of legal consequences, breaches of the Jervis Bay Territory Emergency Management Ordinance 2015 may lead to both civil and criminal penalties, although the specific penalties are not detailed in the provided text. The Ordinance, as a legislative instrument, is designed to be compatible with human rights and does not engage any of the applicable rights or freedoms as recognised or declared in the international instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Therefore, any breach of this Ordinance would likely result in legal action under the relevant provisions of the legislation, with potential penalties depending on the nature and severity of the breach.