Order to Establish the National Emergency Management Agency as an Executive Agency

Overview

The Public Service Act 1999 was enacted to provide a framework for the administration of the Commonwealth Public Service, including the establishment and regulation of executive agencies. The 2022 Order to Establish the National Emergency Management Agency as an Executive Agency under this Act was introduced to formalise the creation of the National Emergency Management Agency (NEMA) and delineate its role and responsibilities in emergency management. This was enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and is in line with the policy objective of ensuring robust and coordinated emergency management across all levels of government and sectors. The establishment of NEMA as an Executive Agency under the Public Service Act 1999 aims to provide a clear mandate and structure for the agency to effectively lead and coordinate the Commonwealth’s emergency management activities, including preparedness, response, relief, recovery, reconstruction, risk reduction, and resilience for all hazard emergencies and disasters.

Scope and Application

The Public Service Act 1999 Order to Establish the National Emergency Management Agency as an Executive Agency applies to the National Emergency Management Agency, which is designated as an Executive Agency under the Order. The Agency is tasked with the overarching responsibilities of developing, leading, and coordinating the Commonwealth’s approach to emergency management, including preparedness, response, relief, recovery, reconstruction, risk reduction, and resilience for all hazard emergencies and disasters. The Minister for Emergency Management is identified as the Minister responsible for the Agency. The geographic reach of this Act pertains to the Commonwealth of Australia, as it involves the coordination of emergency management activities across all levels of government and sectors. The Order specifies the functions of the National Emergency Management Agency, which includes providing national leadership and strategic coordination for emergency preparedness, response, relief, recovery, reconstruction, risk reduction, and resilience. The Order also allows for the Agency to undertake other relevant tasks as required by the responsible Minister. The Order does not explicitly mention any exclusions, exemptions, or thresholds, but the application and enforcement of its provisions might be further detailed in subordinate instruments or regulations. This Order will commence on 1 September 2022.

Key Provisions

The main operative sections of the Public Service Act 1999, as amended by this Order, establish the National Emergency Management Agency (NEMA) as an Executive Agency under section 65. This Act allocates the name "National Emergency Management Agency" to the Executive Agency (section 1(a)), designates "Coordinator-General" as the Head of the Executive Agency (section 1(c)), and identifies the Minister for Emergency Management as the responsible Minister for the Executive Agency (section 1(d)). The functions of NEMA are outlined in section 1(e) and include developing, leading, and coordinating the Commonwealth's approach to emergency management across various aspects such as preparedness, response, relief, recovery, reconstruction, risk reduction, and resilience. Additionally, NEMA provides national leadership and strategic coordination for emergencies and disaster management across all levels of government and sectors, designs and oversees funding programs related to these areas, leads national implementation of the Commonwealth's disaster risk reduction obligations, and undertakes other relevant tasks as required by the Minister. The Act imposes several obligations and requirements on NEMA as an Executive Agency. Firstly, NEMA is mandated to develop, lead, and coordinate the Commonwealth's approach to emergency management, which involves preparing for, responding to, and recovering from all hazard emergencies and disasters. This includes ensuring preparedness measures are in place, coordinating response efforts during emergencies, providing relief and support to affected areas, and facilitating recovery and reconstruction activities. Secondly, NEMA is responsible for providing national leadership and strategic coordination across all levels of government and sectors, ensuring a unified approach to emergency management. Thirdly, NEMA must design, oversee, and where relevant, administer funding programs related to emergency and disaster preparedness, response, relief, recovery, reconstruction, and resilience. Lastly, NEMA is tasked with leading the national implementation of the Commonwealth's international and national disaster risk reduction obligations, ensuring compliance with both domestic and international standards and commitments. Under the Public Service Act 1999, breaches of the obligations and requirements outlined in the Order can result in various consequences. While specific offences and penalties are not detailed in the text, the general framework of the Act implies that non-compliance with the established functions and responsibilities of NEMA could lead to administrative or legal repercussions. These might include disciplinary actions against individuals or entities, financial penalties, or other corrective measures to ensure adherence to the mandates of the Agency. The exact nature and extent of these consequences would typically be governed by the broader provisions of the Public Service Act and any related regulations or guidelines.