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STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 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.
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