Jervis Bay Territory Emergency Management (Employment Protection—Bushfires) Direction 2020

Overview

The Jervis Bay Territory Emergency Management Ordinance 2015 was enacted to address the need for effective emergency management and protection of volunteer emergency workers in the Jervis Bay Territory. This Ordinance was made under the authority of 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. The enacting body is the Commonwealth Parliament, which established the framework for emergency management within the Territory to align with state-level protections and services, particularly those provided by New South Wales, given the cross-border nature of emergency services in the region. The policy objective is to ensure that emergency services and protections in the Jervis Bay Territory are consistent with those in equivalent state communities, thereby safeguarding the residents and visitors to the Territory during emergencies.

Scope and Application

The Jervis Bay Territory Emergency Management Ordinance 2015 applies to the Jervis Bay Territory, providing legislative support for emergency operations within this jurisdiction. This Ordinance was enacted under the Jervis Bay Territory Acceptance Act 1915, which authorises the Governor-General to make laws for the peace, order, and good government of the Territory. Specifically, the Ordinance facilitates the application of its provisions during emergency operations, particularly those involving volunteer emergency workers. The Minister responsible for the Territory has delegated the authority to implement these provisions to specific officials within the Department of Infrastructure, Transport, Cities and Regional Development. A State of Emergency was declared for the entire Jervis Bay Territory from 3 January to 10 January 2020, during which the Ordinance's Part 4 was in effect to protect volunteer emergency workers. The Ordinance's provisions are designed to align with those of New South Wales, ensuring consistent emergency management services and protections across the border, thereby facilitating the cross-border provision of emergency services. The legislative instrument is compatible with human rights, as it does not engage with any rights or freedoms under the international human rights instruments.

Key Provisions

The Jervis Bay Territory Emergency Management Ordinance 2015, under Section 31(1), allows the Minister responsible for the Territory to direct that Part 4 of the Ordinance applies to an emergency operation within the Territory. This part is specifically designed to protect volunteer emergency workers who are away from their regular employment responding to emergencies. The purpose is to ensure that these volunteers are safeguarded under the law when they are engaged in emergency activities. This provision is critical as it recognises the essential role of volunteers in managing emergency situations and seeks to provide them with the necessary protections. The Act imposes several obligations on parties involved in emergency operations within the Jervis Bay Territory. Primarily, it places a duty on the Minister to ensure that the protections outlined in Part 4 of the Ordinance are applied to any declared emergency. This includes ensuring that volunteer emergency workers are covered by the provisions that protect them from certain liabilities and risks associated with their volunteer work during an emergency. Additionally, the Minister must ensure that these protections align with the broader Australian Government policy objective of providing services and protections in the Territory that are comparable to those in equivalent state communities. The Act also requires that the Minister delegates this authority to specific officials within the Department of Infrastructure, Transport, Cities and Regional Development, who are responsible for the administration of the Australian territories. Breaches of the provisions under the Jervis Bay Territory Emergency Management Ordinance 2015 can lead to significant consequences. While the specific offences, penalties, and consequences for breach are not detailed in the provided text, the general legislative framework suggests that any failure to comply with the requirements for protecting volunteer emergency workers could result in legal action. This might include civil penalties or other enforcement actions as stipulated by the relevant laws governing emergency management in the Jervis Bay Territory. Given the critical nature of the services provided by these volunteers, particularly during emergencies, it is likely that severe penalties could be imposed to ensure strict adherence to the protections mandated by the Ordinance.