New South Wales Consolidated Acts

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STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989

- As at 8 July 2016
- Act 165 of 1989

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Definition of “emergency”
   5.      Stages of emergency
   6.      Relationship between Part 2 (State emergency management) and Part 3 (State rescue management)
   7.      Limitation on operation of Act-industrial disputes and civil disturbances
   8.      Operation of Act in relation to civil defence
   9.      Act binds the Crown

   PART 2 - STATE EMERGENCY MANAGEMENT

           Division 1 - Emergency management at State level

              Subdivision 1 - The Minister and the State Disasters Council

   10.     Minister
   11.     State Disasters Council

              Subdivision 2 - The State Emergency Management Plan

   12.     State Emergency Management Plan
   13.     Operation of State Emergency Management Plan

              Subdivision 3 - The State Emergency Management Committee

   14.     State Emergency Management Committee
   15.     Functions of State Emergency Management Committee
   16.     Functional area sub-committees of State Emergency Management Committee
   17.     Annual report by State Emergency Management Committee

              Subdivision 4 - The State Emergency Operations Controller

   18.     State Emergency Operations Controller and Deputy
   19.     Responsibility and functions of State Emergency Operations Controller
   20.     State emergency operations centre

              Subdivision 5 - The State Emergency Recovery Controller

   20A.    State Emergency Recovery Controller and Deputy
   20B.    Responsibility and functions of State Emergency Recovery Controller

           Division 2 - Emergency management at region level

   21.     Establishment of regions
   22.     Regional Emergency Management Committees
   23.     Functions of Regional Emergency Management Committees
   24.     Regional Emergency Operations Controller
   25.     Functions of Regional Emergency Operations Controller
   26.     NSW Police Force to provide executive support for Regional Emergency Management Committee and Operations Controller

           Division 3 - Emergency management at local level

   27.     Combination of local government areas
   28.     Local Emergency Management Committees
   29.     Functions of Local Emergency Management Committees
   30.     Local Emergency Operations Controller
   31.     Functions of Local Emergency Operations Controller
   32.     Councils to provide executive support for Local Emergency Management Committee and Operations Controller

           Division 4 - State of emergency

   32A.    Definitions
   33.     Declaration of state of emergency
   34.     Publication of declaration
   35.     Duration of state of emergency
   36.     Power to direct government agencies etc during state of emergency
   37.     Power to evacuate or to take other steps concerning persons
   37A.    Powers to take other safety measures
   37B.    Power to enter premises
   37C.    Notice of entry
   37D.    Care to be taken
   37E.    Use of force
   37F.    Authority to enter premises
   38.     Power to take possession of property
   39.     Limitation on operation of this Division
   40.     Offence to obstruct Minister or emergency personnel
   41.     Exculpation from liability during state of emergency

   PART 3 - STATE RESCUE MANAGEMENT

           Division 1 - State Rescue Board

   42.     Constitution of Board
   43.     Composition of Board
   44.     Provisions relating to members and procedure of Board
   45.     Board subject to Ministerial control
   46.     (Repealed)

           Division 2 - Functions of State Rescue Board

   47.     Principal function of Board
   48.     Particular duties of Board
   48A.    Regional and local rescue committees
   49.     Board’s decisions to be implemented by rescue agencies
   49A.    Annual report by Board

           Division 3 - Co-ordination of rescue operations etc

   50.     Police to co-ordinate rescue operation
   51.     Emergency services organisations to notify police of rescue incidents

           Division 4 - Accreditation of rescue units

   52.     Definitions
   53.     Offence to operate rescue unit or rescue vehicle without accreditation
   54.     Accreditation of rescue units by Minister
   55.     Limitation on accreditation
   56.     Duration of accreditation
   57.     Register of personnel of rescue units

           Division 5 - General provisions

   58.     Arrangements for inter-State co-operation in rescue
   59.     Liability for actions of members of rescue units and volunteers
   60.     Financial assistance to volunteer rescue agencies

   PART 3A - EMPLOYMENT PROTECTION FOR VOLUNTEER EMERGENCY WORKERS

   60A.    Interpretation
   60B.    Employees taking part in emergency operations protected from victimisation
   60C.    What constitutes victimisation of employees
   60D.    Order of the Premier applying Part to emergency operations
   60E.    Onus of proof on employer in certain circumstances
   60F.    Orders ancillary to conviction
   60G.    What constitutes “taking part in” emergency operations
   60H.    Certificate evidence that employee took part in emergency operations
   60I.    Part does not affect other remedies available to employee
   60J.    No contracting out
   60K.    Industrial dispute does not prevent operation of Part

   PART 4 - MISCELLANEOUS

   60KA.   Definitions
   60L.    Power of police to evacuate or to take other steps concerning persons
   61.     Power of police to take other safety measures
   61A.    Power to enter premises
   61AA.   Use of assistants
   61B.    Notice of entry
   61C.    Care to be taken
   61D.    Use of force
   61E.    Police officer to produce warrant card if required
   62.     Personal liability of members of management organisations etc
   62A.    Certain damage to be covered by insurance
   62B.    Obstruction of members of rescue units
   63.     This Act not to limit other Acts or laws
   63A.    Staff
   63AA.   Delegation by Secretary
   63B.    Offences relating to emergency services organisations
   64.     Service of documents
   64A.    Procedure for tabling annual reports when Parliament not sitting
   65.     Proof of certain matters not required
   66.     Proceedings for offences
   67.     Regulations
   68.     Savings, transitional and other provisions
   69.     (Repealed)
           Schedule 1 (Repealed)
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4


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