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New South Wales
State Emergency Legislation
Amendment Bill 1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
(a) to extend the emergency powers that may be exercised under the State
Emergency and Rescue Management Act 1989 (the SERM Act) and
the State Emergency Service Act 1989 (the SES Act) while limiting
the classes of persons who may direct the use of those powers,
(b)
to relieve utilities or other suppliers of energy or similar resources or
substances from liability in damages for any interruption in supply
occurring because of the exercise of the extended emergency powers,
(c) to provide that any damage caused by the exercise of the extended
emergency powers is to be treated as covered by any existing
appropriate policies of insurance,
* Amended in committee--see table at end of volume.
to limit the definition of rescue under the SERM Act to the safe
removal of persons and domestic animals, rather than any animals,
and to make it clear that organisations concerned with animal welfare
and rescue, such as the Royal Society for the Prevention of Cruelty to
Animals, New South Wales, are not rescue units for the purposes of
the Act,
to provide that it is an offence for a person who is not a member of an
accredited rescue unit to display, drive or operate a rescue vehicle or
rescue vessel without a reasonable excuse or lawful authority,
to change the name of the State Rescue and Emergency Services
Board to the State Rescue Board, to alter the composition of the Board
and to enable the Minister for Emergency Services to appoint its
Chairperson,
to replace a mandatory obligation on the Minister for Emergency
Services to consult with the State Disasters Council concerning the
exercise of the Minister's responsibilities under the SERM Act with a
discretionary power under which the Minister may call meetings of,
consult with and have regard to the advice of that Council in cases in
which the Minister considers this to be appropriate,
to enable the Minister for Emergency Services to appoint the
Chairperson of the State Emergency Management Committee,
to remove the requirement for the Director-General of the 'State
Emergency Service to be the Deputy State Emergency Operations
Controller, to provide that the Governor may appoint that official on
the recommendation of the Minister for Emergency Services and to
require that the State Emergency Operations Controller and the
Deputy State Emergency Operations Controller must be senior police
officers,
to replace requirements for the senior police officer stationed in a
district to be the District Emergency Operations Controller for the
district and for the senior police officer stationed within a local
government area to be the Local Emergency Operations Controller for
the area with provisions permitting the Commissioner of Police to
appoint a police officer of or above a specified rank to those positions,
to replace a requirement for the State Emergency Service to provide
executive support facilities for each District Emergency Management
Committee and Operations Controller with a requirement that that
support be provided by the Police Service,
Explanatory note page 2
(l)
to remove any suggestion that it is obligatory for a council of a local
government area to nominate an officer of the State Emergency
Service as its representative on and, accordingly, as Chairperson of,
the Local Emergency Management Committee for its area,
(m) to enact other provisions of a minor, consequential or ancillary nature
and amendments by way of statute law revision,
(n) to make consequential savings and transitional provisions.
Clause 2 provides for the commencement of the proposed Act on a day to
be proclaimed.
Clause 3 gives effect to the amendments to the State Emergency and
Rescue Management Act 1989 as set out in Schedule 1
Clause 4 gives effect to the amendments to the State Emergency Service
Act 1989 as set out in Schedule 2.
Schedules
Schedule 1
Amendment of State Emergency and Rescue
Management Act 1989
Extension of emergency powers
Schedule 1 [19] provides for an extension of the kinds of directions that
may be given by the Minister for Emergency Services or an emergency
services officer authorised by the Minister to preserve life or property in a
state of emergency. These powers include the giving of directions for:
the closure of any street or other thoroughfare or any other public or
private place in an emergency area
the pulling down, destruction or shoring up of walls or premises that
have been damaged or rendered insecure in an emergency area
the shutting off or disconnecting of the supply of energy-related or
other substances in or from any main, pipeline, container or storage
facility in an emergency area
Explanatory note page 3
the shutting off or disconnecting of the supply of gas or electricity to
any premises in an emergency area
the taking possession of, or removal or destruction of any material or
thing in an emergency area that may be dangerous to life or property
or that may interfere with the response of emergency services to an
emergency.
This item empowers the Minister or an emergency service officer to require
persons who control or supply energy-related or other substances to shut
down or disconnect supplies, and provides that suppliers, acting on
directions, are not liable for damage caused by any interruption of supply
arising from the operation of the provision. The item also empowers persons
to enter premises (which includes land, buildings or vehicles) to carry out
functions in accordance with directions in a state of emergency.
Schedule l [17] restricts the categories of emergency service officers who
may direct the use of the extended emergency powers, and makes
consequential amendments to definitions. Schedule 1 [18] is a
consequential amendment.
Schedule 1 [34] contains provisions similar to those set out in
Schedule 1 [ 19] to cover actions by a senior police officer acting in the case
of an actual or threatened emergency to protect persons from injury or death.
Schedule 1 [31][33] make consequential amendments.
Schedule 1 [35] provides that damage to property caused by emergency
services officers at an emergency or threatened emergency in the exercise of
their functions is to be treated as damage by the event that constitutes the
emergency for the purposes of any insurance policy.
Similar amendments, referred to below, are made to the SES Act by
Schedule 2 in relation to the exercise of emergency powers by the
Director-General of the State Emergency Service and emergency officers
acting under that Act.
Accreditation of animal welfare organisations not required
Schedule 1 [l] makes it clear that the SERM Act applies to the rescue of
domestic animals only and not to all animals. Schedule 1 [29] provides that
organisations specialising in animal welfare and rescue are not rescue units
within the meaning of the SERM Act. Accordingly, such units do not require
accreditation under the Act.
Explanatory note page 4
Operation of rescue vehicles without accreditation
Schedule 1 [28] defines a rescue vehicle (which includes a vessel) and
Schedule 1 [30] provides that it is an offence for a person who is not a
member of a rescue unit accredited under the SERM Act to display, drive or
operate a rescue vehicle without a reasonable excuse or lawful authority.
State Rescue Board
The proposed Act changes the name of the State Rescue and Emergency
Services Board to the State Rescue Board. Schedule 1 [2] and [3] make
provision as to this.
Schedule 1 [20] increases the membership of the Board from 7 to 8
members, the additional member being, as provided for by Schedule 1 [26],
the Chairperson of the Volunteer Marine Rescue Council of New South
Wales. Schedule 1 [37] makes a consequential adjustment of the quorum
required for meetings of the Board.
Schedule 1 [24] and [25] make amendments, by way of statute law revision,
relating to the membership of the Board.
Schedule 1 [21] and [22] remove requirements for the State Emergency
Operations Controller and the Deputy State Emergency Operations
Controller to be the Chairperson and Deputy Chairperson of the Board.
Schedule 1 [27] provides that the Minister may appoint any member of the
Board to be its Chairperson. Schedule 1 [23] replaces a requirement for the
State Commander of the Police Service to be a member of the Board with a
requirement that a member of the Police Service Senior Executive Service
must be a member of the Board. (The present State Commander of the
Police Service, who is the State Emergency Operations Controller, holds a
position on the Board in the latter capacity. The current appointment of the
State Commander is saved by a provision set out in Schedule 1 [39].)
State Disasters Council
Schedule l [4] removes the mandatory obligation on the Minister for
Emergency Services to consult with, and have regard to the advice of, the
State Disasters Council in connection with the exercise of the Minister's
responsibilities under the SERM Act and provides instead that the Minister
may call meetings of, consult with, and have regard to the advice of, that
Council when the Minister thinks that this is appropriate.
Explanatory note page 5
State Emergency Operations Controller and Deputy State
Emergency Operations Controller
Schedule 1 [7] provides for the appointment of a Deputy State Emergency
Operations Controller by the Governor on the recommendation of the
Minister for Emergency Services in place of the Director-General of the
State Emergency Service.
Schedule 1 [8] requires the Minister for Emergency Services to consult with
the Minister for Police before recommending persons for appointment as
State Emergency Operations Controller or Deputy State Emergency
Operations Controller. The item also requires that the person appointed as
the State Emergency Operations Controller must be the Commissioner of
Police or a member of the Police Service Senior Executive Service and that
the Deputy State Emergency Operations Controller must be a member of the
Police Service Senior Executive Service.
Schedule 1 [9] omits the requirement for the Director-General of the State
Emergency Service to be the Deputy State Emergency Operations Controller
and that item and Schedule 1 [10] and [36] make consequential
amendments.
Schedule 1 [11] omits a requirement for the State Rescue Board to provide
the State Emergency Operations Controller with staff and facilities for the
State emergency operations centre.
District Emergency Operations Controllers and Local
Emergency Operations Controllers
Schedule 1 [12] and [16] enable the Commissioner of Police to appoint a
police officer of a specified rank stationed within a district to be the District
Emergency Operations Controller for the district and a police officer
stationed within a local government area to be the Local Emergency
Operations Controller for the area in place of the current requirements for
those offices to be filled by the senior police officer in the district or area.
Explanatory note page 6
Executive support for District Emergency Management
Committees and Operations Controllers
Schedule 1 [13] requires the Police Service to provide executive support
facilities for each District Emergency Management Committee and District
Emergency Operations Controller in place of the State Emergency Service.
Schedule 1 [14] makes an amendment by way of statute law revision.
Local Emergency Management Committees
Schedule 1 [15] omits a provision stating that a council of a local
government area may appoint an officer of the State Emergency Service as
Chairperson of the Local Emergency Management Committee for the area.
This provision has created some difficulty in view of the fact that another
provision within the same section provides that a Local Emergency
Management Committee is to consist (among others) of
(a) a senior representative of the council of the relevant local
government area nominated by that council, who is to be the
Chairperson of the Committee.
Savings and transitional provisions
Schedule 1 [39] inserts various savings and transitional provisions in
Schedule 4 to the SERM Act as a consequence of amendments referred to
above. Schedule 1 [38] makes a consequential amendment to that Schedule.
Schedule 2
Amendment of State Emergency Services
Act 1989
Extension of emergency powers
Schedule 2 [4] provides for an extension of directions that may be given by
the Director-General of the State Emergency Service or a senior emergency
officer authorised by the Director-General to preserve life or property in an
emergency. These powers involve the giving of directions for:
the shutting off or disconnecting of the supply of energy-related or
other substances in or from any main, pipeline, container or storage
facility in an emergency area
·
the shutting off or disconnecting of the supply of gas or electricity to
any premises in an emergency area
Explanatory note page 7
the taking possession of, or removal or destruction of any material or
thing in an emergency area that may be dangerous to life or property
or that may interfere with the response of emergency services to an
emergency.
The item empowers the Director-General or an emergency officer to require
persons who control or supply energy-related or other substances to shut
down or disconnect supplies, and provides that suppliers, acting on
reasonable directions, are not liable for damage caused by any interruption
of supply arising from the operation of the provision. The item also
empowers persons to enter premises (which includes land, buildings or
vehicles) to carry out functions in accordance with directions in an
emergency.
Schedule 2 [2] restricts the categories of emergency officers who may be
authorised to exercise the extended emergency powers and makes
consequential amendments to definitions. Schedule 2 [3] is a consequential
amendment.
Schedule 2 [5] provides that damage to property caused by emergency
officers during certain emergencies in the exercise of their functions is to be
treated as damage by the event that constitutes the emergency for the
purposes of any insurance policy.
State Rescue Board
Schedule 2 [l] makes an amendment that is consequential on the change of
the name of the State Rescue and Emergency Services Board to the State
Rescue Board.
Explanatory note page 8