STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - As at 11 December 2023 - Act 165 of 1989
STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989
- As at 11 December 2023
- 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
10. Minister
11. (Repealed)
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. State Rescue 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. (Repealed)
PART 3A - EMPLOYMENT PROTECTION FOR VOLUNTEER EMERGENCY WORKERS
60A. Interpretation
60AA. Emergency operations to which this Part applies
60B. Employees taking part in emergency operations protected from victimisation
60C. What constitutes victimisation of employees
60D. Order of Premier, Minister or authorised officer 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 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 by police officers
61E. Authority to enter premises
62. Personal liability
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
