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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Emergency Service Amendment
Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of State Emergency Service Act 1989 No 164 2
4 Amendment of State Emergency and Rescue Management
Act 1989 No 165 2
5 Repeal 2
Schedule 1 Amendment of State Emergency Service Act 1989 3
Schedule 2 Amendment of State Emergency and Rescue Management
Act 1989 12
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
State Emergency Service Amendment
Bill 2005
Act No , 2005
An Act to amend the State Emergency Service Act 1989 with respect to the
organisation, functions and operation of the State Emergency Service; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 State Emergency Service Amendment Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the State Emergency Service Amendment Act 2005.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of State Emergency Service Act 1989 No 164
The State Emergency Service Act 1989 is amended as set out in
Schedule 1.
4 Amendment of State Emergency and Rescue Management Act 1989
No 165
The State Emergency and Rescue Management Act 1989 is amended as
set out in Schedule 2.
5 Repeal
The State Emergency Service Regulation 2001 is repealed.
Page 2
State Emergency Service Amendment Bill 2005
Amendment of State Emergency Service Act 1989 Schedule 1
Schedule 1 Amendment of State Emergency Service
Act 1989
(Section 3)
[1] Section 3 Definitions
Omit "Public Sector Management Act 1988" wherever occurring from the
definitions of Deputy Director-General and Director-General in section 3 (1).
Insert instead "Public Sector Employment and Management Act 2002".
[2] Section 3 (1)
Omit the definitions of division, division controller and S.E.S. unit.
Insert in alphabetical order:
exercise a function includes perform a duty.
function includes a power, authority or duty.
region means a region established under section 14.
region controller means the controller appointed under section
16 for SES units in a region.
SES unit means an organisation registered as an SES unit under
section 18.
unit controller means the unit controller for an SES unit
appointed under section 17A.
[3] Sections 3 (1), definition of "local controller", 8 (1) (e), 9 (2), 17 (3),
18 (2)(5), 23, 25 (1) (a) and 29 (2) (b)
Omit "S.E.S." wherever occurring. Insert instead "SES".
[4] Section 3 (3)
Omit the subsection.
[5] Section 5 Operation of Act in relation to civil defence
Omit the section.
[6] Section 7 State Emergency Service
Omit section 7 (2) (b). Insert instead:
(b) the volunteer officers and volunteer members of all SES
units.
Page 3
State Emergency Service Amendment Bill 2005
Schedule 1 Amendment of State Emergency Service Act 1989
[7] Section 8 Functions of Service
Insert before section 8 (1) (a):
(aa) to protect persons from dangers to their safety and health,
and to protect property from destruction or damage, arising
from floods and storms,
[8] Section 8 (1) (b)
Omit "and tempests".
[9] Section 8 (1) (c)
Omit the paragraph.
[10] Section 8 (1) (g)
Omit "the Police Force, Fire Brigades, Bush Fire Brigades or Ambulance
Service".
Insert instead "NSW Police, New South Wales Fire Brigades, the NSW Rural
Fire Service or the Ambulance Service".
[11] Section 9 Director-General, Deputy Director-General and other staff
Omit "Part 2 of the Public Sector Management Act 1988" from section 9 (1).
Insert instead "Chapter 2 of the Public Sector Employment and Management
Act 2002".
[12] Section 11 Director-General responsible for administration of Service
Insert at the end of the section:
(2) The Director-General, in connection with the exercise of his or
her functions under this Act, may use the title "State controller"
and the Deputy Director-General may use the title "Deputy State
controller".
[13] Section 12 Planning and preparation by Director-General
Omit ", storms and tempests" from section 12 (3). Insert instead "and storms".
[14] Section 14
Omit the section. Insert instead:
14 Service regions
The Director-General may divide the State into regions for the
purposes of this Act.
Page 4
State Emergency Service Amendment Bill 2005
Amendment of State Emergency Service Act 1989 Schedule 1
[15] Part 4, heading
Omit "S.E.S.". Insert instead "SES".
[16] Section 16
Omit the section. Insert instead:
16 Region controllers
(1) The Director-General may appoint a member of staff of the State
Emergency Service as the region controller for a region.
(2) A region controller is, subject to any direction of the
Director-General, responsible for the control and co-ordination
of the activities of SES units in the relevant region.
(3) The Director-General may appoint any person to act as a deputy
to a region controller.
(4) The functions of a region controller may be exercised by his or
her deputy during any absence from duty of the region controller.
[17] Section 17 Local controllers
Omit "any person as the" from section 17 (1).
Insert instead "one or more persons as a".
[18] Section 17 (2)
Insert "and for any reason" after "time".
[19] Section 17 (3)
Omit "division". Insert instead "region".
[20] Section 17 (4)
Omit "the local controller". Insert instead "a local controller".
[21] Sections 17A17D
Insert after section 17:
17A Unit controllers
(1) The Director-General may appoint any person as the unit
controller for an SES unit and may revoke the appointment at any
time and for any reason.
Page 5
State Emergency Service Amendment Bill 2005
Schedule 1 Amendment of State Emergency Service Act 1989
(2) A unit controller is, subject to any direction of the
Director-General, the relevant region controller or the relevant
local controller, responsible for the control and co-ordination of
the activities of the unit.
(3) In the case of a local government area for which there is only one
SES unit, the unit controller for that unit is taken to be the local
controller unless a local controller is appointed under section
17 (1).
17B Terms of appointment for local and unit controllers
(1) A local controller or unit controller is to be appointed for such
term (not exceeding 2 years) as is specified in his or her
instrument of appointment, but is, at the end of that term, eligible
for re-appointment.
(2) Each local controller and unit controller is subject to an annual
review and report to be carried out by the Director-General.
17C Local and unit controller deputies
(1) A region controller may, in consultation with a local controller in
the relevant region, appoint any person to act as a deputy to the
local controller.
(2) A region controller may, in consultation with a unit controller in
the relevant region, appoint any person to act as a deputy to the
unit controller.
(3) An appointment made under subsection (1) or (2) may be
revoked at any time and for any reason by the region controller
who made the appointment.
(4) The functions of a local controller or unit controller may be
exercised by his or her deputy during any absence from duty of
the local controller or unit controller.
17D Region headquarters unit
(1) The State Emergency Service may make available such of its
staff and facilities as the Director-General considers appropriate
to establish a headquarters for a region.
(2) A region controller, together with:
(a) the members of staff of the State Emergency Service
attached to the headquarters for the region, and
(b) any volunteers assisting in the running of the headquarters,
may be registered as an SES unit (as a region headquarters unit)
under section 18.
Page 6
State Emergency Service Amendment Bill 2005
Amendment of State Emergency Service Act 1989 Schedule 1
(3) The function of a region headquarters unit is to assist the region
controller in the exercise of his or her responsibilities.
[22] Section 18 SES units
Omit section 18 (1). Insert instead:
(1) The Director-General may, by instrument in writing, register a
group of persons as an SES unit and assign it a distinctive name.
(1A) The Director-General may register a group of persons under
subsection (1) on his or her own initiative or on the application of
an association of persons formed for the purpose of dealing with
emergencies to which this Act applies.
(1B) On the registration of an SES unit under subsection (1A), the
group of persons or the members of the association are members
of the SES unit, subject to section 18AA.
[23] Section 18AA
Insert after section 18:
18AA Granting, suspension and withdrawal of membership of SES units
(1) Membership of an SES unit may be granted, suspended or
withdrawn by any of the following:
(a) the Director-General,
(b) a region controller, local controller or unit controller
responsible for the SES unit.
(2) Membership of an SES unit may be withdrawn at any time and
for any reason.
(3) Membership of an SES unit may be suspended at any time, but
only for the purposes of conducting an investigation into:
(a) the member's alleged offence against any law, or
(b) the member's alleged contravention of, or failure to
comply with, the procedures or instructions of the State
Emergency Service.
(4) A person whose membership of an SES unit is withdrawn may:
(a) if the membership was withdrawn by the
Director-General--apply to the Director-General to
reconsider that action, or
(b) if the membership was withdrawn by a region controller,
local controller or unit controller--appeal to the
Director-General against that action.
Page 7
State Emergency Service Amendment Bill 2005
Schedule 1 Amendment of State Emergency Service Act 1989
(5) On an application or an appeal being made by a person under
subsection (4), the Director-General may:
(a) reinstate the person's membership, or
(b) confirm the withdrawal of the person's membership.
(6) The procedures for:
(a) suspending or withdrawing membership of an SES unit,
and
(b) appealing against the withdrawal of membership of an SES
unit,
are to be as set out in the procedure manuals maintained by the
State Emergency Service.
(7) This section has effect despite any other law relating to
membership of an association that is an SES unit.
[24] Section 18A Definitions
Omit ", or a divisional executive officer or the Director, Operations of that
Service" from paragraph (c) of the definition of senior emergency officer.
[25] Section 18A, definition of "senior emergency officer"
Omit "bush fire brigade" from paragraph (d).
Insert instead "rural fire brigade".
[26] Section 19 Emergencies to which Part applies
Omit ", storm or tempest" from section 19 (a). Insert instead "or storm".
[27] Section 19 (b)
Omit "(c) or".
[28] Section 21 Duty to recognise authority of Director-General and
emergency officers
Omit "the Police Force" from section 21 (1). Insert instead "NSW Police".
[29] Section 21 (1)
Omit "division". Insert instead "region".
Page 8
State Emergency Service Amendment Bill 2005
Amendment of State Emergency Service Act 1989 Schedule 1
[30] Section 23 Arrangements for inter-State co-operation in emergencies
Insert after section 23 (2):
(2A) The Director-General may make arrangements with an
appropriate agency of a State or Territory that does not operate or
manage an inter-State SES unit for SES units under this Act to
carry out operations in that State or Territory in response to
emergencies to which this Part applies.
[31] Section 23 (3)
Omit "S.E.S.". Insert instead "SES".
[32] Section 25A Certain damage to be covered by insurance
Omit ", tempest" from section 25A (1) (b).
[33] Section 28A
Insert after section 28:
28A Donations of financial or material support
(1) The unit controller of an SES unit must keep written records of
any donations of financial or material support provided to the
unit.
(2) A copy of those records is to be furnished to the Director-General
immediately on request by the Director-General.
[34] Schedule 1 Savings, transitional and other provisions
Omit clause 1 (1). Insert instead:
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the following
Acts:
this Act
State Emergency Service Amendment Act 2005
[35] Schedule 1, clause 1 (2)
Omit "this Act". Insert instead "the Act concerned".
Page 9
State Emergency Service Amendment Bill 2005
Schedule 1 Amendment of State Emergency Service Act 1989
[36] Schedule 1, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
State Emergency Service Amendment
Act 2005
6 Definition
In this Part:
amending Act means the State Emergency Service Amendment
Act 2005.
7 Construction of references to S.E.S. units
A reference in any other Act, or in any instrument, to an S.E.S.
unit is taken to be a reference to an SES unit.
8 Continuation of regions and office of region controllers
(1) A division established under this Act (as in force immediately
before the commencement of the amending Act) is taken to be a
region established under section 14.
(2) A reference in any other Act, or in any instrument, to a division
(within the meaning of this Act as in force immediately before the
commencement of the amending Act) is taken to be a reference
to a region.
(3) A reference in any other Act, or in any instrument, to a division
controller (within the meaning of this Act as in force immediately
before the commencement of the amending Act) is taken to be a
reference to a region controller.
(4) A person holding office as a division controller under this Act (as
in force immediately before the commencement of the amending
Act):
(a) is taken to be a region controller appointed under section
16, as substituted by the amending Act, and
(b) continues to hold office as a region controller.
(5) It does not matter that a person referred to in subclause (4) is not
a member of staff of the State Emergency Service.
Page 10
State Emergency Service Amendment Bill 2005
Amendment of State Emergency Service Act 1989 Schedule 1
9 Continuation of office of unit controllers
A person holding office as a unit controller immediately before
the repeal of the State Emergency Service Regulation 2001
continues to hold office as a unit controller for the balance of his
or her term of office or until the person's appointment is revoked
in accordance with this Act, whichever occurs first.
10 Continuation of office of deputy controllers
A person holding office as a deputy to a division controller, local
controller or unit controller immediately before the repeal of the
State Emergency Service Regulation 2001 continues to hold that
office for the balance of his or her term of office or until the
person's appointment is revoked in accordance with this Act,
whichever occurs first.
Page 11
State Emergency Service Amendment Bill 2005
Schedule 2 Amendment of State Emergency and Rescue Management Act 1989
Schedule 2 Amendment of State Emergency and
Rescue Management Act 1989
(Section 4)
Section 32A Definitions
Omit ", or a divisional executive officer or the Director, Operations of that
Service" from paragraph (c) of the definition of emergency services officer.
Page 12
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