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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Emergency and Rescue
Management Amendment Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of State Emergency and Rescue Management
Act 1989 No 165 3
b2010-069-35.d09
New South Wales
State Emergency and Rescue
Management Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the State Emergency and Rescue Management Act 1989 to make
further provision with respect to the management of State emergencies and rescues;
and for other purposes.
Clause 1 State Emergency and Rescue Management Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the State Emergency and Rescue Management Amendment 3
Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
State Emergency and Rescue Management Amendment Bill 2010
Amendment of State Emergency and Rescue Management Act 1989 No Schedule 1
165
Schedule 1 Amendment of State Emergency and 1
Rescue Management Act 1989 No 165 2
[1] Section 3 Definitions 3
Omit paragraph (a) of the definition of government agency in section 3 (1). 4
Insert instead: 5
(a) a Department within the meaning of the Public Sector 6
Employment and Management Act 2002, 7
[2] Section 3 (1), definitions of "State Emergency Operations Controller" 8
and "State Emergency Recovery Controller" 9
Omit the definitions. Insert instead in alphabetical order: 10
State Emergency Operations Controller--see section 18. 11
State Emergency Recovery Controller--see section 20A. 12
[3] Section 10 Minister 13
Omit section 10 (1) (c). Insert instead: 14
(c) approving Displan or any alterations to Displan. 15
[4] Section 11 State Disasters Council 16
Omit section 11 (3) (b1). 17
[5] Section 11 (4A) 18
Insert after section 11 (4): 19
(4A) The Minister may, but is not required to, appoint the person 20
holding office as the Chairperson of the State Emergency 21
Management Committee as a member of the State Disasters 22
Council. 23
[6] Section 12 State Disaster Plan 24
Omit section 12 (4). Insert instead: 25
(4) As soon as practicable after the Minister approves Displan or any 26
alterations to Displan, the Chief Executive, Emergency 27
Management NSW must: 28
(a) publish (in such manner as the Chief Executive 29
determines) a copy of Displan or the alterations to Displan, 30
and 31
(b) forward a copy of Displan or the alterations to Displan to 32
each agency to which Displan relates. 33
Page 3
State Emergency and Rescue Management Amendment Bill 2010
Schedule 1 Amendment of State Emergency and Rescue Management Act 1989 No
165
[7] Section 14 State Emergency Management Committee 1
Insert at the end of section 14 (2) (b): 2
, and 3
(c) such other persons as may be nominated by the Minister 4
from time to time. 5
[8] Section 14 (2A) 6
Omit the subsection. Insert instead: 7
(2A) One of the members of the Committee is to be appointed by the 8
Minister as the Chairperson of the Committee. 9
[9] Section 15 10
Omit the section. Insert instead: 11
15 Functions of State Emergency Management Committee 12
The State Emergency Management Committee has the following 13
functions: 14
(a) to review, monitor and advise the Minister on the adequacy 15
of the provisions of this Act relating to emergency 16
management, 17
(b) to provide strategic policy advice to the Minister in 18
relation to emergency management, 19
(c) to review, monitor and develop emergency management 20
policy and practice at a State level and to disseminate 21
information in relation to any such policy and practice, 22
(d) to review Displan and to recommend alterations to it, 23
(e) to endorse any subplans or supporting plans established 24
under Displan, 25
(f) to facilitate strategic State level emergency management 26
capability through inter-agency co-ordination, 27
co-operation and information sharing arrangements, 28
(g) such other functions as are conferred or imposed on the 29
Committee by or under this Act or as are related to this Act 30
and assigned to the Committee from time to time by the 31
Minister. 32
[10] Section 17 Annual report of State Emergency Management Committee 33
Omit section 17 (1). Insert instead: 34
(1) As soon as practicable after 30 June, but on or before 35
31 December in each year, the Chief Executive, Emergency 36
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State Emergency and Rescue Management Amendment Bill 2010
Amendment of State Emergency and Rescue Management Act 1989 No Schedule 1
165
Management NSW is to provide the Minister with a report 1
approved by the State Emergency Management Committee on 2
the work and activities of the Committee for the 12 months 3
ending on 30 June in that year. 4
[11] Section 18 5
Omit the section. Insert instead: 6
18 State Emergency Operations Controller and Deputy 7
(1) There is to be a State Emergency Operations Controller and a 8
Deputy State Emergency Operations Controller. 9
(2) The office of the State Emergency Operations Controller is to be 10
held by: 11
(a) the Commissioner of Police, or 12
(b) if the Governor, on the recommendation of the Minister, 13
designates a position in the NSW Police Force Senior 14
Executive Service as the position of State Emergency 15
Operations Controller--the person for the time being 16
holding or acting in that position. 17
(3) The office of the Deputy State Emergency Operations Controller 18
is to be held by the person for the time being holding or acting in 19
a position in the NSW Police Force Senior Executive Service that 20
is designated by the Governor, on the recommendation of the 21
Minister, as the position of Deputy State Emergency Operations 22
Controller. 23
(4) The Minister is to consult with the Minister for Police before 24
making a recommendation under subsection (2) or (3). 25
(5) During the absence or a vacancy in the office of the State 26
Emergency Operations Controller, the Deputy State Emergency 27
Operations Controller has all the functions of the State 28
Emergency Operations Controller. 29
[12] Section 19 Responsibility and functions of State Emergency Operations 30
Controller 31
Omit section 19 (2A). Insert instead: 32
(2A) The State Emergency Operations Controller may, at the request 33
of the combat agency that is primarily responsible for controlling 34
the response to an emergency, carry out such functions as may be 35
specified by the agency for the purposes of controlling the 36
response to the emergency. 37
Page 5
State Emergency and Rescue Management Amendment Bill 2010
Schedule 1 Amendment of State Emergency and Rescue Management Act 1989 No
165
[13] Section 20A 1
Omit the section. Insert instead: 2
20A State Emergency Recovery Controller and Deputy 3
(1) There is to be a State Emergency Recovery Controller and a 4
Deputy State Emergency Recovery Controller. 5
(2) The office of the State Emergency Recovery Controller is to be 6
held by the person for the time being holding or acting in the 7
position of the Chief Executive, Emergency Management NSW. 8
(3) The office of the Deputy State Emergency Recovery Controller 9
is to be held by the person for the time being holding or acting in 10
a senior position in the Government Service that is designated by 11
the Minister as the Deputy State Emergency Recovery 12
Controller. 13
(4) During the absence or a vacancy in the office of the State 14
Emergency Recovery Controller, the Deputy State Emergency 15
Recovery Controller has all of the functions of the State 16
Emergency Recovery Controller. 17
(5) A senior position in the Government Service is: 18
(a) a position of senior executive officer (within the meaning 19
of the Public Sector Employment and Management 20
Act 2002), or 21
(b) a position in the Public Service for which the rate of salary 22
or wages payable to the person exceeds the maximum rate 23
payable for Grade 12, Administrative and Clerical 24
Division, of the Public Service. 25
[14] Section 22 District Emergency Management Committees 26
Omit section 22 (2) (b). Insert instead: 27
(b) the Chairperson of the Local Emergency Management 28
Committee for each local government area within the 29
relevant district, and 30
[15] Section 25 Functions of District Emergency Operations Controller 31
Omit section 25 (2A). Insert instead: 32
(2A) The District Emergency Operations Controller may, at the 33
request of the combat agency that is primarily responsible for 34
controlling the response to an emergency, carry out such 35
functions as may be specified by the agency for the purposes of 36
controlling the response to the emergency. 37
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State Emergency and Rescue Management Amendment Bill 2010
Amendment of State Emergency and Rescue Management Act 1989 No Schedule 1
165
[16] Section 31 Functions of Local Emergency Operations Controller 1
Omit section 31 (2A). Insert instead: 2
(2A) The Local Emergency Operations Controller may, at the request 3
of the combat agency that is primarily responsible for controlling 4
the response to an emergency, carry out such functions as may be 5
specified by the agency for the purposes of controlling the 6
response to the emergency. 7
[17] Section 32A Definitions 8
Insert after paragraph (e) of the definition of emergency services officer: 9
(f) a member of the Ambulance Service of NSW of or above 10
the rank of station officer. 11
[18] Section 50 Police at scene to co-ordinate etc rescue operation 12
Omit "the Fire Brigades Act 1909, the Ambulance Services Act 1990 or" from 13
section 50 (4). 14
[19] Section 51 15
Omit the section. Insert instead: 16
51 Notification of rescue incidents to police 17
(1) The agency that manages or controls an accredited rescue unit 18
must, immediately after the agency becomes aware of an incident 19
which requires or is likely to require the rescue of any person, 20
notify a member of the NSW Police Force of all relevant 21
information concerning the incident. 22
(2) The agency that manages or controls an accredited rescue unit is 23
not required to notify a member of the NSW Police Force of any 24
such incident if it is aware that the incident has already been 25
notified to a member of the NSW Police Force. 26
[20] Section 60KA Definitions 27
Omit the definition of danger area. Insert instead: 28
danger area means the area specified by a senior police officer 29
as the area affected by an emergency. 30
[21] Section 61 Power of police to take other safety measures 31
Omit "a danger area" wherever occurring in section 61 (1). 32
Insert instead "the danger area". 33
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State Emergency and Rescue Management Amendment Bill 2010
Schedule 1 Amendment of State Emergency and Rescue Management Act 1989 No
165
[22] Section 61AA 1
Insert after section 61A: 2
61AA Use of assistants 3
A police officer exercising a function under section 61 may do so 4
with the aid of, and be accompanied by, such assistants as the 5
police officer considers necessary. 6
[23] Section 63A Staff 7
Insert at the end of section 63A (1) (b): 8
and 9
(c) the State Emergency Recovery Controller to exercise his 10
or her functions, 11
[24] Section 63A (1) 12
Omit "Part 2 of the Public Sector Management Act 1988". 13
Insert instead "Chapter 1A of the Public Sector Employment and Management 14
Act 2002". 15
[25] Section 63A (1A) 16
Insert after section 63A (1): 17
(1A) Without limiting subsection (1), staff may be employed under 18
that subsection to provide executive support facilities (including 19
operational support) for a relevant emergency or rescue 20
management organisation. 21
[26] Section 64A 22
Insert after section 64: 23
64A Procedure for tabling annual reports when Parliament not sitting 24
(1) This section applies to a report under section 17 or 49A that the 25
Minister is required to lay before both Houses of Parliament. 26
(2) If a House of Parliament is not sitting when the Minister seeks to 27
cause a copy of the report to be tabled before it, the Minister is to 28
cause a copy of the report to be presented to the Clerk of that 29
House of Parliament. 30
(3) A copy of the report presented to the Clerk of a House of 31
Parliament under this section: 32
(a) is, on presentation and for all purposes, taken to have been 33
laid before the House, and 34
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State Emergency and Rescue Management Amendment Bill 2010
Amendment of State Emergency and Rescue Management Act 1989 No Schedule 1
165
(b) may be printed by authority of the Clerk of the House, and 1
(c) if so printed, is taken to be a document published by or 2
under the authority of the House, and 3
(d) is to be recorded: 4
(i) in the case of the Legislative Council--in the 5
Minutes of Proceedings of the Legislative Council, 6
and 7
(ii) in the case of the Legislative Assembly--in the 8
Votes and Proceedings of the Legislative Assembly, 9
on the first sitting day of the House after receipt of the copy 10
of the report by the Clerk. 11
[27] Schedule 1 Provisions relating to Controllers 12
Omit the Schedule. 13
[28] Schedule 4 Savings, transitional and other provisions 14
Insert at the end of clause 1 (1): 15
State Emergency and Rescue Management Amendment Act 2010 16
Page 9
State Emergency and Rescue Management Amendment Bill 2010
Schedule 1 Amendment of State Emergency and Rescue Management Act 1989 No
165
[29] Schedule 4, Part 8 1
Insert after Part 7: 2
Part 8 Provisions consequent on State 3
Emergency and Rescue Management 4
Amendment Act 2010 5
15 Existing Chairperson of State Emergency Management Committee 6
The person holding office as Chairperson of the State Emergency 7
Management Committee immediately before the substitution of 8
section 14 (2A) by the State Emergency and Rescue Management 9
Amendment Act 2010 continues to hold office as Chairperson of 10
the Committee until such time as an appointment is made by the 11
Minister under section 14 (2A) as so substituted. 12
Page 10
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