Australian Capital Territory Consolidated Acts

EMERGENCIES ACT 2004 - SECT 11

    (1)     The commissioner may, in writing, make guidelines for the strategic operation of each of the emergency services (the commissioner's guidelines ).

    (2)     The commissioner's guidelines are a notifiable instrument except to the extent that the commissioner considers it is in the public interest that it not be notifiable.

Note     A notifiable instrument must be notified under the Legislation Act.

    (3)     Any part of the commissioner's guidelines that is not notified under the Legislation Act must be given to the appropriate Legislative Assembly committee.

    (4)     The commissioner's guidelines may make provision in relation to—

        (a)     areas of the emergency services to be operated jointly; and

        (b)     operation of joint areas of the emergency services; and

        (c)     planning and conduct of joint operations of the emergency services; and

        (d)     anything else in relation to the strategic organisation and operation of each of the emergency services that the commissioner considers appropriate.

Examples

1     guidelines for the operation of a joint communications area for the services

2     guidelines for joint operations

3     guidelines for joint response to a major building collapse

4     guidelines for ending appointments of volunteer members (including application of the rules of natural justice)

Note 1     An Act that authorises the making of a statutory instrument (eg guidelines) authorises an instrument to be made in relation to any matter required or permitted to be prescribed under the authorising law or that is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law (see Legislation Act, s 44).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (5)     The commissioner's guidelines may apply, adopt or incorporate a law or instrument as in force from time to time.

Note     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument (see Legislation Act, s 47 (5) and (6)).

    (6)     The chief officer of an emergency service may recommend amendments of the commissioner's guidelines to the commissioner.

    (7)     For this section:

"appropriate Legislative Assembly committee" means the standing committee of the Legislative Assembly nominated, in writing, by the Speaker.