New South Wales Consolidated Acts

STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 19

19 Responsibility and functions of State Emergency Operations Controller

(1) The State Emergency Operations Controller is, subject to this section, responsible for controlling in accordance with this Act the response to an emergency:

(a) that affects more than one district, or

(b) for which the State Emergency Operations Controller assumes responsibility.

(1A) The State Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under Displan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B).

(1B) The State Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under Displan if:

(a) the Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and

(b) the combat agency has requested that the Controller assume, or has agreed to the Controller assuming, that responsibility or, in the case of any disagreement on the matter, the Minister has directed the Controller to do so.

(2) The State Emergency Operations Controller may, if responsible for controlling the response to an emergency:

(a) issue directions to agencies who have functions in connection with responses to the emergency, and

(b) appoint an officer of an agency to have overall control of particular activities in response to the emergency where a number of agencies are involved and those agencies do not agree on the matter.

(2A) The State Emergency Operations Controller may assist a combat agency that is primarily responsible for controlling the response to an emergency in carrying out that responsibility.

(3) The functions of the State Emergency Operations Controller may be exercised without the need for a declaration of a state of emergency, but during a state of emergency the exercise of those functions is subject to Division 4.