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TASMANIA
__________
EMERGENCY MANAGEMENT BILL 2006
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Non-application of Act
5. Relationship of this Act with other emergency laws
6. Act binds Crown
PART 2 ADMINISTRATION
Division 1 Administration at State level
7. State Emergency Management Committee
8. Membership of State Committee
9. Functions and powers of State Committee
10. State Emergency Management Controller and Deputy
11. Functions and powers of State Controller
12. Ministerial committee
Division 2 Administration at regional level
13. Regions
14. Regional Emergency Management Committees
15. Membership of Regional Committees
16. Functions and powers of Regional Committees
[Bill 8]-X
17. Regional Emergency Management Controllers and Deputies
18. Functions and powers of Regional Controllers
Division 3 Administration at municipal level
19. Combined areas
20. Municipal Emergency Management Committees
21. Membership of Municipal Committees
22. Functions and powers of Municipal Committees
23. Municipal Emergency Management Coordinators and Deputies
24. Functions and powers of Municipal Coordinators
Division 4 State Emergency Service
25. Continuation of State Emergency Service
26. Functions of State Emergency Service
27. Director SES and officers of State Emergency Service
28. Functions and powers of Director SES
Division 5 Miscellaneous
29. Delegation by Premier and Minister
30. Delegation by committees and persons
31. Authorised officers
PART 3 EMERGENCY MANAGEMENT
Division 1 Emergency management plans
32. Tasmanian Emergency Management Plan
33. Regional Emergency Management Plans
34. Municipal Emergency Management Plans
35. Special Emergency Management Plans
Division 2 General risk identification, assessment and management
36. Risk identification and assessment authorisation
37. Powers under risk identification and assessment authorisation
38. Management of risk following inspection
39. Certain persons to have plan for emergency or risk management
2
Division 3 Emergency powers
40. Authorisation of emergency powers
41. Authority of authorisation of emergency powers
Division 4 State of emergency
42. Declaration of state of emergency
43. Authority of declaration of state of emergency
44. Duties if state of emergency declared
45. Authorisation by Regional Controller if state of emergency
declared
Division 5 Roles of councils and municipal volunteer SES units
46. Councils to use resources in emergency
47. Councils to establish or provide for resources
48. Municipal volunteer SES units
49. Resources of municipal volunteer SES units
50. Power to bind in contracts
Division 6 Miscellaneous
51. Assistance
52. Use of force
PART 4 MISCELLANEOUS
53. Allocations to councils
54. Compensation for lost property, &c.
55. Liability for death or injury resulting from performing functions,
&c., under this Act
56. Workers' compensation payable to or in respect of volunteers
57. Protection of employment rights
58. Protection from liability
59. Destruction, &c., attributable to emergency
60. Offences with respect to emergency management workers
61. Offences by bodies corporate
62. Evidentiary provisions
63. Annual report
3
64. Regulations
65. Administration of Act
66. Savings and transitional provisions
67. Consequential Amendments
68. Legislation repealed
69. Legislation rescinded
70. Legislation revoked
SCHEDULE 1 EMERGENCY POWERS
SCHEDULE 2 SPECIAL EMERGENCY POWERS
SCHEDULE 3 MEMBERSHIP AND MEETINGS OF COMMITTEES
SCHEDULE 4 SAVINGS AND TRANSITIONAL PROVISIONS
SCHEDULE 5 CONSEQUENTIAL AMENDMENTS
SCHEDULE 6 LEGISLATION REPEALED
SCHEDULE 7 LEGISLATION RESCINDED
SCHEDULE 8 LEGISLATION REVOKED
4
EMERGENCY MANAGEMENT BILL 2006
(Brought in by the Minister for Police and Emergency
Management, the Honourable David Edward Llewellyn)
A BILL FOR
An Act to provide for the protection of life, property and
the environment in the event of an emergency, to establish
emergency management arrangements, to provide for
certain rescue and retrieval operations, to repeal the
Emergency Services Act 1976, to consequentially rescind
certain statutory rules, to consequentially amend certain
Acts and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Emergency
Management Act 2006.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 8] 5
Emergency Management Act 2006
Act No. of
s. 3 Part 1 Preliminary
3. Interpretation
In this Act, unless the contrary intention
appears
"affiliated organisation" means an
organisation, other than a statutory
service, that is registered as an affiliated
organisation under section 28(2)(c);
"authorised officer" has the meaning given
by section 31;
"civil defence measures" means the
humanitarian measures necessary
(a) to protect the civilian population
of the State against the dangers
of, and to help it recover from the
immediate effects of, enemy
attack or hostilities; and
(b) to provide the conditions needed
for the survival of the civilian
population of the State during and
following enemy attack or
hostilities;
"combined area" means 2 or more municipal
areas determined by the Minister to be a
combined area under section 19;
"community risk" means the likelihood of
harmful consequences to the community
that may result from the interaction of
hazards, the community and the
environment;
6
Emergency Management Act 2006
Act No. of
Part 1 Preliminary s. 3
"Deputy Municipal Coordinator" means the
Deputy Municipal Emergency
Management Coordinator appointed
under section 23;
"Deputy Regional Controller" means the
Deputy Regional Emergency
Management Controller appointed under
section 17;
"Deputy State Controller" means the Deputy
State Emergency Management Controller
appointed under section 10;
"Director SES" means the Director of the
State Emergency Service appointed
under section 27;
"emergency" means
(a) an event that
(i) endangers, destroys or
threatens to endanger or
destroy human life,
property or the
environment, or causes or
threatens to cause injury
or distress to persons; and
(ii) requires a significant
response from one or
more of the statutory
services; or
(b) a significant threat of the
occurrence of an event of a kind
7
Emergency Management Act 2006
Act No. of
s. 3 Part 1 Preliminary
referred to in paragraph (a) in
respect of which it is appropriate
to take measures
(i) to prevent that possible
resulting event; or
(ii) to mitigate the risks
associated with that threat
and that possible resulting
event;
"emergency management" means
(a) the planning, organisation,
coordination and implementation
of measures that are necessary or
desirable to prevent, mitigate,
respond to, overcome and recover
from an emergency; or
(b) the planning, organisation,
coordination and implementation
of civil defence measures; or
(c) the conduct of, or participation in,
research and training for any
measures specified in
paragraph (a) or (b); or
(d) the development of policy and
procedures relating to any
measures or actions specified in
paragraph (a), (b) or (c);
"emergency management plan" means the
Tasmanian Emergency Management
8
Emergency Management Act 2006
Act No. of
Part 1 Preliminary s. 3
Plan, a Regional Emergency
Management Plan, a Municipal
Emergency Management Plan or a
Special Emergency Management Plan;
"emergency management worker" means
(a) a member of a statutory service,
whether for payment or other
consideration or as a volunteer; or
(b) an authorised officer; or
(c) a person who does or omits to do
any act in the assistance of, or
under the direction or control of,
an authorised officer; or
(d) a person prescribed by the
regulations to be an emergency
management worker; or
(e) any other person who, in good
faith
(i) participates in emergency
management or rescue
and retrieval operations;
or
(ii) performs or exercises, or
purportedly performs or
exercises, functions or
powers under this Act; or
(iii) is involved in the
administration or
9
Emergency Management Act 2006
Act No. of
s. 3 Part 1 Preliminary
execution, or the
purported administration
or execution, of this Act;
"emergency power" means a power specified
in Schedule 1;
"environment" includes the following
components:
(a) land, air and water;
(b) organic matter and inorganic
matter;
(c) living organisms;
(d) human-made or modified
structures and areas;
(e) interacting natural ecosystems
that include components referred
to in paragraphs (a), (b) and (c);
(f) all other components of the earth;
"executive officer" means a person who is
responsible for providing administrative
and secretariat services;
"Government agency" means
(a) an Agency, within the meaning of
the State Service Act 2000; or
(b) a statutory authority;
10
Emergency Management Act 2006
Act No. of
Part 1 Preliminary s. 3
"hazard" means a place, structure, source or
situation, that may potentially endanger,
destroy or threaten to endanger or destroy
human life, property or the environment;
"Head of Agency" has the same meaning as
in the State Service Act 2000;
"Municipal Chairperson" means the person
determined under section 21(2) by a
council to be the Municipal Chairperson;
"Municipal Committee" means a Municipal
Emergency Management Committee
established under section 20;
"Municipal Coordinator" means a person
appointed as a Municipal Emergency
Management Coordinator under
section 23;
"Municipal Emergency Management Plan"
means a plan approved by the State
Controller for a Municipal Committee
area under section 34, as amended or
substituted from time to time with the
approval of the State Controller under
that section;
"municipal volunteer SES unit" means a
volunteer unit established under
sections 47 and 48;
"occupier", in relation to premises or a
vehicle, means the person who is
apparently in charge of the premises or
vehicle at the relevant time;
11
Emergency Management Act 2006
Act No. of
s. 3 Part 1 Preliminary
"officer", in relation to a council, means
(a) an elected member of the council;
or
(b) an employee of the council who
complies with any description or
conditions, or holds a position or
a position of a class, determined
by the Minister;
"owner" includes a lessee;
"premises" includes land, any structure and a
part of premises;
"property" includes
(a) an animal and any part of an
animal, whether alive or dead;
and
(b) a plant and any part of a plant,
whether alive or dead; and
(c) any egg, sperm, seed, flower,
fruit or other material obtained
from an animal or plant, whether
alive or dead;
"region" means the northern region, the
north-western region or the southern
region;
"Regional Committee" means a Regional
Emergency Management Committee
established under section 14;
12
Emergency Management Act 2006
Act No. of
Part 1 Preliminary s. 3
"Regional Controller" means the Regional
Emergency Management Controller
appointed under section 17;
"Regional Emergency Management Plan"
means a plan approved by the State
Controller for a region under section 33,
as amended or substituted from time to
time with the approval of the State
Controller under that section;
"regional SES volunteer unit" means a
volunteer unit of the State Emergency
Service established by the Director SES
for the purposes of a region under
section 28(2)(a);
"rescue and retrieval operation" means
(a) the planning, organisation,
coordination and implementation
of measures that are necessary or
desirable to rescue or retrieve any
person, animal, property, human
remains or carcass during or after
the occurrence of an incident, or
other event, that is not an
emergency; or
(b) the conduct of, or participation in,
research and training for the
measures specified in
paragraph (a);
"resources" includes any plant, vehicle,
animal, apparatus, implement,
earthmoving equipment, construction
13
Emergency Management Act 2006
Act No. of
s. 3 Part 1 Preliminary
equipment, other equipment of any kind,
persons, agency, authority, organisation
or other requirement necessary for
emergency management;
"risk" means the likelihood of harmful
consequences arising from the interaction
of hazards, communities and the
environment;
"Special Emergency Management Plan"
means a plan approved by the approving
authority under section 35, as amended
or substituted from time to time;
"special emergency power" means a power
specified in Schedule 2;
"State Committee" means the State
Emergency Management Committee
established under section 7;
"State Controller" means the State
Emergency Management Controller
appointed under section 10;
"State Emergency Service" means the body
continued by section 25;
"state of emergency" means a state of
emergency declared under section 42;
"statutory authority" means a body or
authority, whether incorporated or not,
which is established or constituted by or
under an Act or under the royal
prerogative, being a body or authority
14
Emergency Management Act 2006
Act No. of
Part 1 Preliminary s. 3
which, or of which the governing
authority, wholly or partly comprises a
person or persons appointed by the
Governor, a Minister or another statutory
authority, but does not include a
Government department;
"statutory service" means
(a) the SES; or
(b) the Tasmanian Ambulance
Service established under the
Ambulance Service Act 1982; or
(c) the Tasmania Fire Service
established under the Fire Service
Act 1979; or
(d) the Police Service established
under the Police Service Act
2003; or
(e) a council; or
(f) another body constituted under an
Act or a Commonwealth Act, a
Government agency or a part of a
Government agency
(i) whose role usually
includes emergency
management; or
(ii) which is, or may be, in a
particular emergency,
required to participate in
15
Emergency Management Act 2006
Act No. of
s. 3 Part 1 Preliminary
emergency management;
or
(g) a prescribed body;
"Tasmanian Emergency Management
Plan" means the plan approved by the
Minister under section 32, as amended or
substituted from time to time with the
approval of the Minister under that
section;
"vehicle" means
(a) a car, truck, bus or other motor
vehicle; or
(b) a ship, boat or other vessel; or
(c) an aeroplane or other aircraft; or
(d) a bicycle; or
(e) a trailer or wagon; or
(f) any other means of transport,
however propelled, other than an
animal;
"wildlife" means
(a) any animal or plant living or
growing in the wild, including a
feral animal; or
(b) any carcass, dead remains or part
of any wildlife referred to in
paragraph (a); or
16
Emergency Management Act 2006
Act No. of
Part 1 Preliminary s. 4
(c) any egg, sperm, seed, flower,
fruit or material obtained from
any wildlife referred to in
paragraph (a) or (b); or
(d) any prescribed thing.
4. Non-application of Act
This Act does not authorise the taking of
measures amounting to, or making preparations
for
(a) actual combat against an enemy; or
(b) the putting down of a riot or other civil
disturbance; or
(c) the bringing to an end of a strike or lock-
out.
5. Relationship of this Act with other emergency laws
(1) Except as provided in subsection (2), this Act
does not affect
(a) the performance or exercise of a function
or power under any other Act that has
effect in relation to emergency
management; or
(b) an obligation to comply with any such
Act or a direction, order, requirement or
other similar demand made under any
such Act.
17
Emergency Management Act 2006
Act No. of
s. 6 Part 1 Preliminary
(2) If a provision of this Act is inconsistent with a
provision of any other Act which has effect in
relation to emergency management, this Act
prevails.
6. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
18
Emergency Management Act 2006
Act No. of
Part 2 Administration s. 7
PART 2 ADMINISTRATION
Division 1 Administration at State level
7. State Emergency Management Committee
The State Emergency Management Committee is
established.
8. Membership of State Committee
(1) The State Committee consists of
(a) the State Controller; and
(b) each person holding a position or office
determined by the State Controller; and
(c) any other persons the State Controller
considers appropriate.
(2) A member of the State Committee referred to in
subsection (1)(c) is appointed by the State
Controller for the period specified in the
instrument of appointment.
(3) In determining a position or office under
subsection (1)(b) or appointing a person under
subsection (2), the State Controller is to comply
with any directions given by the Minister.
(4) The State Controller is the chairperson of the
State Committee.
(5) The executive officer of the State Committee is
19
Emergency Management Act 2006
Act No. of
s. 9 Part 2 Administration
(a) a member of the State Committee
appointed to be executive officer by the
State Controller; or
(b) if there is no appointment under
paragraph (a) in effect, the Director SES.
(6) If the Director SES is not a member of the State
Committee referred to in subsection (1)(b) or (c)
but is the executive officer by reason of
subsection (5)(b), the Director SES is taken to be
a member of the State Committee.
(7) If the State Controller considers that it would be
helpful for the Committee to have the advice of
any person in respect of any matter under the
Committee's consideration, he or she may invite,
allow or require that person to attend a meeting
of the Committee to give advice and opinions on
that matter.
(8) Schedule 3 has effect with respect to the
membership and meetings of the State
Committee.
9. Functions and powers of State Committee
(1) The State Committee has the following
functions:
(a) to institute and coordinate, and to support
the institution and coordination of,
emergency management, including the
preparation and review of the Tasmanian
Emergency Management Plan and
20
Emergency Management Act 2006
Act No. of
Part 2 Administration s. 9
Special Emergency Management Plans
that relate to emergency management for
the State;
(b) to determine and review emergency
management policy;
(c) to review the management of
emergencies that involve more than one
region, and other emergencies as the
State Committee considers appropriate,
and to identify and promote opportunities
for improvement in emergency
management;
(d) at the direction of the State Controller, to
assist him or her in the performance and
exercise of his or her functions and
powers;
(e) other emergency management functions
imposed by the Minister;
(f) other functions imposed by this or any
other Act;
(g) prescribed functions.
(2) The State Committee has the following powers:
(a) to impose functions on a Regional
Committee from time to time;
(b) to establish subcommittees for the
purpose of assisting it in the performance
and exercise of its functions and powers;
21
Emergency Management Act 2006
Act No. of
s. 10 Part 2 Administration
(c) to do all other things necessary or
convenient to be done in connection with
the performance of its functions.
10. State Emergency Management Controller and
Deputy
(1) The Minister may appoint a person to be the
State Emergency Management Controller but, if
no such appointment is in effect, the Head of
Agency for the Department is the State
Emergency Management Controller.
(2) The Minister may appoint a person to be the
Deputy State Emergency Management
Controller but, if no such appointment is in
effect, the Deputy for the Head of Agency for
the Department is the Deputy State Emergency
Management Controller.
(3) The State Controller and Deputy State Controller
may hold that office in conjunction with any
other appointment, position or office.
(4) The State Controller and Deputy State Controller
appointed by the Minister each holds office for
the period, and on the terms and conditions,
specified in his or her instrument of
appointment.
(5) The Deputy State Controller may act in the
office of State Emergency Management
Controller if
22
Emergency Management Act 2006
Act No. of
Part 2 Administration s. 11
(a) the State Controller is absent from
Tasmania or from duty as State
Controller; or
(b) the State Controller is otherwise unable
to perform the functions of the office of
State Emergency Management
Controller; or
(c) the State Controller has died, resigned or
been removed from office and a new
State Controller has not been appointed.
(6) While the Deputy State Controller is acting in
the office of State Emergency Management
Controller he or she
(a) is taken to be the State Controller; and
(b) is the chairperson of the State
Committee.
11. Functions and powers of State Controller
(1) The State Controller has the following functions:
(a) to assist and advise the Minister in
relation to all matters with respect to
emergency management;
(b) prior to, during or subsequent to the
occurrence of an emergency, to
(i) direct the use of resources for
emergency management as he or
she considers appropriate; and
23
Emergency Management Act 2006
Act No. of
s. 11 Part 2 Administration
(ii) ensure that his or her instructions
and decisions and the instructions
and decisions of the Premier, the
Minister, a committee established
under section 12 and the State
Committee are transmitted to, and
adequately carried out by, the
bodies and other persons to
whom they are directed or relate;
(c) if the State Controller considers that
resources of the Commonwealth or of
another State or a Territory are necessary
for emergency management, to request
those resources;
(d) other functions in respect of emergency
management imposed by the Minister;
(e) other functions imposed by this or any
other Act;
(f) prescribed functions.
(2) The State Controller has the following powers:
(a) to impose functions on a Regional
Committee or Regional Controller;
(b) to do all other things necessary or
convenient to be done in connection with
the performance of his or her functions.
24
Emergency Management Act 2006
Act No. of
Part 2 Administration s. 12
12. Ministerial committee
(1) For the purposes of emergency management, the
Premier may establish a committee consisting of
the State Controller and such Ministers and other
persons as the Premier considers necessary or
appropriate.
(2) The Premier is the chairperson of the committee.
(3) The committee has the functions and powers
determined by the Premier.
Division 2 Administration at regional level
13. Regions
For the purposes of the administration of this
Act, the State is divided into the northern region,
the north-western region and the southern
region.
14. Regional Emergency Management Committees
A Regional Emergency Management Committee
is established in respect of each region.
15. Membership of Regional Committees
(1) A Regional Committee for a region consists of
(a) the Regional Controller for that region;
and
25
Emergency Management Act 2006
Act No. of
s. 15 Part 2 Administration
(b) each person holding a position or office
determined by the Regional Controller;
and
(c) any other persons the Regional
Controller considers appropriate.
(2) A member referred to in subsection (1)(c) is
appointed by the Regional Controller for the
period specified in the instrument of
appointment.
(3) In determining a position or office under
subsection (1)(b) or appointing a person under
subsection (2), the Regional Controller is to
comply with any directions given by the State
Controller.
(4) The Regional Controller for a region is the
chairperson of the Regional Committee for that
region.
(5) The executive officer of a Regional Committee
is
(a) a member of the Regional Committee
appointed to be executive officer by the
Regional Controller; or
(b) if there is no appointment under
paragraph (a) in effect, a member of the
State Emergency Service determined by
the Director SES.
(6) If a member of the State Emergency Service who
is not a member of the Regional Committee
referred to in subsection (1)(b) or (c) is
26
Emergency Management Act 2006
Act No. of
Part 2 Administration s. 16
determined by the Director SES to be the
executive officer under subsection (5)(b), while
that member is the executive officer he or she is
a member of the Regional Committee.
(7) If the Regional Controller considers that it would
be helpful for the Regional Committee to have
the advice of any person in respect of any matter
under the Committee's consideration, the
chairperson may invite, allow or require that
person to attend a meeting of the Committee to
give advice and opinions on that matter.
(8) Schedule 3 has effect with respect to the
membership and meetings of each Regional
Committee.
16. Functions and powers of Regional Committees
(1) Each Regional Committee has the following
functions:
(a) to institute and coordinate, and to support
the institution and coordination of,
emergency management in the region,
including the preparation and review of
the Regional Emergency Management
Plan and Special Emergency
Management Plans that relate to
emergency management in the region;
(b) to determine and review emergency
management policy for the region;
27
Emergency Management Act 2006
Act No. of
s. 16 Part 2 Administration
(c) to review the management of
emergencies that have occurred in the
region and identify and promote
opportunities for improvement in
emergency management;
(d) to report to the State Controller on any
regional matters that relate to the
functions of the State Controller or State
Committee;
(e) at the direction of the Regional
Controller, to assist him or her in the
performance and exercise of his or her
functions and powers;
(f) other functions imposed from time to
time by the State Committee or the State
Controller;
(g) other functions imposed by this or any
other Act;
(h) prescribed functions.
(2) A Regional Committee has the power to
(a) impose functions on a Municipal
Committee in the region from time to
time; and
(b) do all other things necessary or
convenient to be done in connection with
the performance of its functions.
28
Emergency Management Act 2006
Act No. of
Part 2 Administration s. 17
17. Regional Emergency Management Controllers and
Deputies
(1) The Minister may appoint, in respect of each
region, a person to be the Regional Emergency
Management Controller for that region but, if no
such appointment is in effect, a commander in
the Police Service determined by the
Commissioner of Police in consultation with the
State Controller is the Regional Emergency
Management Controller for that region.
(2) The Minister may appoint, in respect of each
region, a person to be the Deputy Regional
Emergency Management Controller for that
region but, if there is no such appointment in
effect, a police officer determined by the
Commissioner of Police in consultation with the
State Controller is the Deputy Regional
Emergency Management Controller for that
region.
(3) Each Regional Controller and Deputy Regional
Controller may hold that office in conjunction
with any other appointment, position or office.
(4) Each Regional Controller and Deputy Regional
Controller appointed by the State Controller
holds office for the period, and on the terms and
conditions, specified in his or her instrument of
appointment.
(5) A Deputy Regional Controller for a region may
act in the office of Regional Emergency
Management Controller for that region if
29
Emergency Management Act 2006
Act No. of
s. 18 Part 2 Administration
(a) the Regional Controller is absent from
Tasmania or from duty as Regional
Controller; or
(b) the Regional Controller is otherwise
unable to perform the functions of the
office of Regional Emergency
Management Controller; or
(c) the Regional Controller has died,
resigned or been removed from office
and a new Regional Controller has not
been appointed.
(6) While the Deputy Regional Controller is acting
in the office of Regional Emergency
Management Controller, he or she
(a) is taken to be the Regional Controller;
and
(b) is the chairperson of the relevant
Regional Committee.
18. Functions and powers of Regional Controllers
(1) A Regional Controller has the following
functions:
(a) to assist and advise the State Controller
on all matters with respect to emergency
management in the region;
(b) prior to, during or subsequent to the
occurrence of an emergency in the
region, to ensure that his or her
30
Emergency Management Act 2006
Act No. of
Part 2 Administration s. 18
instructions and decisions and the
instructions and decisions of the
Regional Committee, State Committee
and State Controller are transmitted to,
and adequately carried out by, the bodies
and other persons to whom they are
directed or relate;
(c) to consider whether any powers or
declarations under this Act need to be
exercised or made for the purposes of
emergency management in respect of an
emergency in the region and, if so, to
advise the State Controller of that need;
(d) if the Regional Controller considers that
resources of another region are necessary
for emergency management in the
region, to request those resources;
(e) other functions in respect of emergency
management imposed by the State
Committee or State Controller;
(f) other functions imposed by this or any
other Act;
(g) prescribed functions.
(2) A Regional Controller has the power to
(a) impose functions on a Municipal
Committee, and Municipal Coordinator,
within the region from time to time; and
31
Emergency Management Act 2006
Act No. of
s. 19 Part 2 Administration
(b) determine powers that may be exercised
by a Municipal Coordinator within the
region from time to time; and
(c) do all other things necessary or
convenient to be done in connection with
the performance of his or her functions.
Division 3 Administration at municipal level
19. Combined areas
(1) On the written application of 2 or more councils,
the Minister may determine that the municipal
areas governed by those councils are a combined
area for the purpose of the establishment of a
Municipal Emergency Management Committee
in respect of the combined area.
(2) An application is to specify which council is
responsible for providing the Municipal
Chairperson for the proposed combined area.
(3) The Minister must not determine that municipal
areas are a combined area if all the municipal
areas are not within the same region.
20. Municipal Emergency Management Committees
A Municipal Emergency Management
Committee is established in respect of
(a) each municipal area that is not a
combined area; and
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Part 2 Administration s. 21
(b) each combined area.
21. Membership of Municipal Committees
(1) A Municipal Committee consists of
(a) the Municipal Chairperson; and
(b) the Municipal Coordinators for the
municipal areas in respect of which the
Municipal Committee has the
responsibility of instituting and
coordinating emergency management;
and
(c) each person holding a position or office
determined by the Municipal
Chairperson; and
(d) such other persons as the Municipal
Chairperson or a Municipal Coordinator
considers appropriate.
(2) The council for the municipal area or, in the case
of a combined area, the council specified in the
application made under section 19 as being
responsible for providing the Municipal
Chairperson must determine who is to be the
Municipal Chairperson.
(3) A member referred to in subsection (1)(d) is
appointed by the Municipal Chairperson or the
Municipal Coordinator for the period specified
in the instrument of appointment.
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Act No. of
s. 22 Part 2 Administration
(4) The Municipal Chairperson is the chairperson of
the Municipal Committee.
(5) The executive officer of the Municipal
Committee is
(a) if only one Municipal Coordinator is a
member of the Municipal Committee,
that Municipal Coordinator; or
(b) if 2 or more Municipal Coordinators are
members of the Municipal Committee, a
Municipal Coordinator appointed by the
Municipal Committee.
(6) If the Municipal Chairperson or a Municipal
Coordinator considers that it would be helpful
for the Municipal Committee to have the advice
of any person in respect of any matter under the
Committee's consideration, the Municipal
Chairperson or Municipal Coordinator may
invite, allow or require that person to attend a
meeting of the Committee to give advice and
opinions on that matter.
(7) Schedule 3 has effect with respect to the
membership and meetings of each Municipal
Committee.
22. Functions and powers of Municipal Committees
(1) Each Municipal Committee has the following
functions:
(a) to institute and coordinate, and to support
the institution and coordination of,
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Act No. of
Part 2 Administration s. 22
emergency management in the municipal
area or, in the case of a combined area, in
the municipal areas that constitute the
combined area, including the preparation
and review of the Municipal Emergency
Management Plan and Special
Emergency Management Plans that relate
to emergency management in that
municipal area or any one or more of
those municipal areas;
(b) to determine and review emergency
management policy for the municipal
area, or the municipal areas, referred to
in paragraph (a);
(c) to review the management of
emergencies that have occurred in the
municipal area, or the municipal areas,
referred to in paragraph (a) and identify
and promote opportunities for
improvement in emergency management;
(d) to report to the Regional Controller on
any municipal matters that relate to the
functions of the Regional Controller or
Regional Committee;
(e) at the direction of the Municipal
Chairperson or a Municipal Coordinator,
to assist him or her or a council in the
performance and exercise of his, her or
its functions and powers under this Act;
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s. 23 Part 2 Administration
(f) other functions imposed from time to
time by the Regional Committee or
Regional Controller;
(g) other functions imposed by this or any
other Act;
(h) prescribed functions.
(2) A Municipal Committee has the power to do all
things necessary or convenient to be done in
connection with the performance of its functions.
23. Municipal Emergency Management Coordinators
and Deputies
(1) The Minister is to appoint a Municipal
Emergency Management Coordinator and a
Deputy Municipal Emergency Management
Coordinator for each municipal area.
(2) The Minister is to appoint as Municipal
Emergency Management Coordinator, or Deputy
Municipal Emergency Management Coordinator,
for a municipal area a person nominated by the
council in that municipal area.
(3) Each Municipal Coordinator and Deputy
Municipal Coordinator may hold that office in
conjunction with any other appointment, position
or office.
(4) Each Municipal Coordinator and Deputy
Municipal Coordinator holds office for the
period, and on the terms and conditions,
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Act No. of
Part 2 Administration s. 23
specified in his or her instrument of
appointment.
(5) A Deputy Municipal Coordinator for a municipal
area may act in the office of Municipal
Coordinator if
(a) the Municipal Coordinator is absent from
Tasmania or from duty as Municipal
Coordinator; or
(b) the Municipal Coordinator is otherwise
unable to perform the functions of the
office of Municipal Emergency
Management Coordinator; or
(c) the Municipal Coordinator has died,
resigned or been removed from office
and a new Municipal Coordinator has not
been appointed.
(6) While the Deputy Municipal Coordinator is
acting in the office of Municipal Emergency
Management Coordinator, he or she is taken to
be the Municipal Coordinator.
(7) The Minister, by written notice provided to a
council, may require the council to nominate
persons for the positions of Municipal
Emergency Management Coordinator and
Deputy Municipal Emergency Management
Coordinator by providing that nomination to the
Minister within the time specified in the notice.
(8) A council may only nominate a person for the
position of Municipal Emergency Management
Coordinator or Deputy Municipal Emergency
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s. 24 Part 2 Administration
Management Coordinator if the person, once
appointed to the position, would have the
authority and ability to make decisions relating
to the coordination of emergency management in
the municipal area during an emergency without
first seeking the approval of the council.
(9) On receipt of the nomination, the State
Controller is to provide the nomination, together
with his or her recommendations, to the
Minister.
(10) If a council fails to comply with a notice
provided under subsection (7), the Minister may
appoint a person he or she considers suitable to
be Municipal Emergency Management
Coordinator or Deputy Municipal Emergency
Management Coordinator for the municipal area.
(11) If a council fails to nominate a Municipal
Coordinator or Deputy Municipal Coordinator,
the Minister may appoint a person he or she
considers suitable to be Municipal Emergency
Management Coordinator or Deputy Municipal
Emergency Management Coordinator for the
municipal area governed by that council.
24. Functions and powers of Municipal Coordinators
(1) A Municipal Coordinator has the following
functions in respect of the municipal area for
which he or she is the Municipal Coordinator:
(a) to assist and advise the Municipal
Chairperson and the relevant council on
38
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Act No. of
Part 2 Administration s. 24
all matters with respect to emergency
management in the municipal area or
combined area;
(b) if the Regional Controller requires it, to
assist and advise the Regional Controller
on matters with respect to emergency
management in the municipal area;
(c) prior to, during or subsequent to the
occurrence of an emergency in the
municipal area, to ensure that
(i) the resources of the relevant
council are coordinated and used
as required by section 46; and
(ii) his or her instructions and
decisions and the instructions and
decisions of the Municipal
Committee, Municipal
Chairperson and Regional
Controller are transmitted to, and
adequately carried out by, the
bodies and other persons to
whom they are directed or relate;
(d) to consider whether any powers or
declarations under this Act need to be
used or made for the purposes of
emergency management in respect of an
emergency in the municipal area and, if
so, to advise the Regional Controller of
that need;
(e) if the Municipal Coordinator considers
that resources of another municipal area
39
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s. 24 Part 2 Administration
are necessary to make better provision
for emergency management in the
municipal area, to request those
resources;
(f) to assist the Unit Managers of the
municipal volunteer SES units with the
supply and coordination of equipment
and facilities provided by the council and
the maintenance of such equipment and
facilities;
(g) other functions in respect of emergency
management imposed by the Regional
Committee or the Regional Controller;
(h) other functions imposed by this or any
other Act;
(i) prescribed functions.
(2) A Municipal Coordinator has the following
powers:
(a) to utilise the resources of the municipal
volunteer SES units in support of
statutory services for emergency
purposes within the municipal area;
(b) to advise the council and councillors in
the municipal area in respect of the
facilities required for effective operation
of the municipal volunteer SES units;
(c) powers determined by the Regional
Controller by notice provided to the
Municipal Coordinator;
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Emergency Management Act 2006
Act No. of
Part 2 Administration s. 25
(d) prescribed powers;
(e) the power to do all other things necessary
or convenient to perform his or her
functions.
Division 4 State Emergency Service
25. Continuation of State Emergency Service
(1) The State Emergency Service constituted under
the Emergency Services Act 1976 continues.
(2) The State Emergency Service consists of
(a) the Director SES; and
(b) all other persons appointed under
section 27; and
(c) volunteer members registered under
section 28(2)(b).
26. Functions of State Emergency Service
The State Emergency Service has the following
functions:
(a) the provision of advice and services
relating to emergency management in
accordance with emergency management
plans or as otherwise authorised by the
State Controller or Minister in writing
provided to the Director SES, other than
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Act No. of
s. 27 Part 2 Administration
the provision of a service provided by
another statutory service;
(b) the provision of services relating to
rescue and retrieval operations as
authorised by the Minister or State
Controller;
(c) the provision of administrative services
for the State Committee and each
Regional Committee, including support
in the preparation and review of
emergency management plans as
required by the State Committee and
Regional Committees;
(d) the recruitment, training and support of
volunteer members of the State
Emergency Service;
(e) in time of enemy action or hostilities
against the State, to coordinate civil
defence measures;
(f) other functions imposed on it by the
Minister;
(g) other functions imposed on it by this or
any other Act.
27. Director SES and officers of State Emergency
Service
Subject to and in accordance with the State
Service Act 2000, a Director of the State
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Act No. of
Part 2 Administration s. 28
Emergency Service and other persons may be
appointed for the purposes of this Act.
28. Functions and powers of Director SES
(1) The Director SES has the following functions:
(a) to manage the State Emergency Service;
(b) other functions imposed by this or any
other Act;
(c) prescribed functions.
(2) The Director SES has the following powers:
(a) to establish and maintain for the purposes
of the regions such volunteer units of the
State Emergency Service and training
facilities as the Director SES considers
appropriate;
(b) to register suitable persons as volunteer
members of the State Emergency
Service;
(c) to register, subject to any conditions the
Director SES considers appropriate,
suitable organisations as affiliated
organisations of the State Emergency
Service;
(d) to issue identification to volunteer
members of the State Emergency
Service;
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s. 29 Part 2 Administration
(e) to inspect the facilities and resources of
regional SES volunteer units and
municipal volunteer SES units;
(f) to do all other things necessary or
convenient to perform his or her
functions.
(3) If the Director SES establishes a regional SES
volunteer unit, the Director SES is to appoint a
Unit Manager for the unit.
Division 5 Miscellaneous
29. Delegation by Premier and Minister
(1) The Premier may delegate any of his or her
functions or powers under this Act other than
this power of delegation.
(2) The Minister may delegate any of his or her
functions or powers under this Act other than
this power of delegation.
30. Delegation by committees and persons
Each of the following committees and persons
may delegate any of its, his or her functions or
powers under this or any other Act other than
this power of delegation:
(a) the State Committee;
(b) the State Controller;
44
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Act No. of
Part 2 Administration s. 31
(c) a Regional Committee;
(d) a Regional Controller;
(e) a Municipal Committee;
(f) a Municipal Chairperson;
(g) a Municipal Coordinator;
(h) the Director SES;
(i) an executive officer of the State
Committee, a Regional Committee or a
Municipal Committee.
31. Authorised officers
(1) Each of the following persons is an authorised
officer:
(a) the State Controller;
(b) a Regional Controller;
(c) a Municipal Coordinator;
(d) the Director SES;
(e) the Commissioner of Police;
(f) the Chief Officer within the meaning of
the Fire Service Act 1979;
(g) the Director of the Ambulance Service
within the meaning of the Ambulance
Service Act 1982;
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s. 31 Part 2 Administration
(h) a member of a statutory service;
(i) any other person authorised to act as an
authorised officer under this section.
(2) Each of the following persons may authorise
another person to act as an authorised officer by
written notice provided to the other person:
(a) the State Controller;
(b) a Regional Controller;
(c) a Municipal Coordinator;
(d) the Director SES;
(e) the Commissioner of Police;
(f) the Chief Officer within the meaning of
the Fire Service Act 1979;
(g) the Director of the Ambulance Service
within the meaning of the Ambulance
Service Act 1982.
(3) The State Controller, in writing, may authorise
persons of a class of persons to be authorised
officers.
(4) An authorisation may be limited
(a) to the performance or exercise of the
functions and powers specified in the
authorisation; or
(b) in any other way specified in the
authorisation.
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Act No. of
Part 2 Administration s. 31
(5) On making an authorisation under
subsection (3), the State Controller is to publish
the authorisation in the Gazette or in such other
manner as he or she considers appropriate.
47
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s. 32 Part 3 Emergency Management
PART 3 EMERGENCY MANAGEMENT
Division 1 Emergency management plans
32. Tasmanian Emergency Management Plan
(1) The State Committee is to prepare a plan for
emergency management in Tasmania.
(2) The State Committee is to submit the plan to the
Minister for approval.
(3) When a plan is submitted to him or her, the
Minister may
(a) approve the plan; or
(b) require the plan to be amended and then
resubmitted for approval under this
subsection.
(4) The Tasmanian Emergency Management Plan is
to
(a) provide the broad policies for emergency
management in Tasmania; and
(b) provide details of the arrangements and
responsibilities for the governance and
coordination of emergency management.
(5) The State Committee is to review the Tasmanian
Emergency Management Plan at least once every
2 years.
(6) At any time, the State Committee may submit to
the Minister any suggested amendments to the
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Tasmanian Emergency Management Plan or a
substitute plan.
(7) On the submission to him or her of any
suggested amendments or a substitute plan, the
Minister may approve or reject the amendments
to, or the substitution of, the Tasmanian
Emergency Management Plan.
33. Regional Emergency Management Plans
(1) Each Regional Committee is to prepare a plan
for emergency management in its region.
(2) The Regional Committee is to submit the plan to
the State Controller for approval.
(3) When a plan is submitted to him or her, the State
Controller may
(a) approve the plan; or
(b) require the plan to be amended and then
resubmitted for approval under this
subsection.
(4) A Regional Emergency Management Plan is to
provide details of the arrangements and
responsibilities for the governance and
coordination of emergency management within
the region.
(5) Each Regional Committee is to review its
Regional Emergency Management Plan at least
once every 2 years.
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s. 34 Part 3 Emergency Management
(6) At any time, a Regional Committee may submit
to the State Controller any suggested
amendments to its Regional Emergency
Management Plan or a substitute plan.
(7) On the submission to him or her of suggested
amendments or a substitute plan, the State
Controller may approve or reject the
amendments to, or the substitution of, the
Regional Emergency Management Plan.
34. Municipal Emergency Management Plans
(1) Each Municipal Committee is to prepare a plan
for emergency management in the municipal
area or municipal areas in respect of which the
Municipal Committee has the responsibility of
instituting and coordinating emergency
management.
(2) The Municipal Committee is to submit the plan
to the appropriate Regional Controller.
(3) On receipt of a plan under subsection (2), the
Regional Controller is to submit the plan to the
State Controller.
(4) When a plan is submitted to him or her, the State
Controller may, after consulting with the
appropriate Regional Controller
(a) approve the plan; or
(b) require the plan to be amended and then
resubmitted for approval under this
subsection.
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(5) A Municipal Emergency Management Plan is to
provide details of the arrangements and
responsibilities for the governance and
coordination of emergency management within
the Municipal Committee area.
(6) Each Municipal Committee is to review its
Municipal Emergency Management Plan at least
once every 2 years.
(7) At any time, a Municipal Committee may submit
any suggested amendments to its Municipal
Emergency Management Plan or a substitute
plan to the Regional Controller who is to then
submit to the State Controller the suggested
amendments or substitute plan.
(8) On submission to him or her of suggested
amendments or a substitute plan, the State
Controller may, after consulting with the
appropriate Regional Controller, approve or
reject the amendments to, or the substitution of,
the Municipal Emergency Management Plan.
35. Special Emergency Management Plans
(1) In this section
"approving authority" means the person or
Committee determined to be the
approving authority for that plan by the
State Committee, a Regional Committee
or a Municipal Committee that prepares a
plan under this section;
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s. 35 Part 3 Emergency Management
"Committee" means the State Committee, a
Regional Committee or a Municipal
Committee;
"reviewing authority" means the person or
Committee determined to be the
reviewing authority for that plan by the
State Committee, a Regional Committee
or a Municipal Committee that prepares a
plan under this section.
(2) A Committee may prepare a plan in respect of a
particular risk or emergency or class of risk or
emergency.
(3) A Committee is to submit a plan prepared under
subsection (2) to the approving authority for
approval.
(4) When a plan is provided to the approving
authority, the approving authority may
(a) approve the plan; or
(b) require the plan to be amended and then
resubmitted for approval under this
subsection.
(5) A Committee is to review each of its Special
Emergency Management Plans at least once
every 2 years.
(6) At any time, a Committee is to submit to the
reviewing authority any suggested amendments
to its Special Emergency Management Plan or a
substitute plan.
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Part 3 Emergency Management s. 36
(7) On the submission to him, her or it of suggested
amendments or a substitute plan, the reviewing
authority may approve or reject the amendments
to, or the substitution of, the Special Emergency
Management Plan.
(8) On approving a Special Emergency Management
Plan, an amendment to such a plan or a
substitute plan, the approving authority or
reviewing authority is to notify the State
Controller and the relevant Committee of that
approval.
Division 2 General risk identification, assessment and
management
36. Risk identification and assessment authorisation
(1) In this section
"potential hazard" means a place, structure,
source or situation that may, or may in
certain circumstances, be a hazard;
"potential risk activity" means an activity
carried on by any person that is of such a
nature that it may, or may in certain
circumstances, pose a risk of the activity
causing, contributing to or aggravating an
emergency;
"specified" means specified in an
authorisation under subsection (2).
(2) If the State Controller considers that a place,
structure, source or situation may be a potential
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s. 36 Part 3 Emergency Management
hazard or that an activity may be a potential risk
activity, the State Controller may authorise the
inspection of
(a) any specified place, premises or vehicle;
and
(b) any specified class of places, premises or
vehicles connected with the place,
structure, source or situation that may be
a potential hazard or with the carrying on
of the activity that may be a potential risk
activity
for the purposes of determining whether the
place, structure, source, situation or activity is a
potential hazard or potential risk activity and
assessing the risk posed by it.
(3) An authorisation
(a) may be oral or in writing, but if it is oral
it is to be confirmed in writing as soon as
practicable; and
(b) is to specify that the authorisation is
made under this Act; and
(c) is to describe the place, premises, source
or situation, or the activity, in respect of
which the authorisation is made; and
(d) is to specify the place, premises or
vehicle in respect of which an authorised
officer may exercise powers of entry
under the authorisation; and
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(e) is to specify the authorised officers or
classes of authorised officers who may
exercise powers under the authorisation;
and
(f) is to specify the date and time at which,
or the event on whose occurrence, the
authorisation takes effect; and
(g) is to specify the period for which the
authorisation has effect or the date and
time at which, or the event on whose
occurrence, the authorisation ceases to
have effect; and
(h) may specify any conditions and
instructions the State Controller
considers appropriate.
(4) The State Controller may
(a) extend the period for which an
authorisation has effect; and
(b) otherwise amend an authorisation; and
(c) revoke an authorisation.
(5) The extension of the period for which an
authorisation has effect or the other amendment
or the revocation of an authorisation may be oral
or in writing, but if it is oral it is to be confirmed
in writing as soon as is practicable.
(6) If the period for which an authorisation has
effect is extended, or an authorisation is
amended, after an authorised officer has first
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s. 37 Part 3 Emergency Management
entered a place, premises or vehicle pursuant to
section 37(2), an authorised officer may not
further exercise any powers under section 37
until a copy of the authorisation as amended in
accordance with the extension or amendment has
been given to the occupier of the place, premises
or vehicle.
(7) If the period for which an authorisation has
effect is extended, or an authorisation is
amended, after an authorised officer has given
notice to an occupier of a place, premises or
vehicle of his or her intention to so enter the
place, premises or vehicle but has not entered the
place, premises or vehicle, the period of 72 hours
referred to in section 37(2)(c) is taken to
commence when a copy of the authorisation as
amended in accordance with the extension or
amendment has been given to the occupier of the
place, premises or vehicle.
37. Powers under risk identification and assessment
authorisation
(1) In this section
"authorisation" means an authorisation under
section 36;
"specified" means specified in an
authorisation.
(2) An authorisation authorises a specified
authorised officer or an authorised officer of a
specified class to enter, within the period during
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which the authorisation has effect, a specified
place, premises or vehicle, or a place, premises
or vehicle of a specified class that the authorised
officer reasonably believes is connected with the
place, structure, source or situation, or the
carrying on of the activity, to which the
authorisation relates
(a) if
(i) the authorised officer gives to the
occupier or another person
apparently in charge of the place,
premises or vehicle a copy of the
authorisation and identifies
himself or herself to the occupier
or other person apparently in
charge; and
(ii) the occupier or another person
apparently in charge of the place,
premises or vehicle consents to
the entry; or
(b) if
(i) the place, premises or vehicle is
open to entry by the public at the
time the authorised officer enters
it; and
(ii) the authorised officer gives to the
occupier or another person
apparently in charge of the place,
premises or vehicle a copy of the
authorisation and identifies
himself or herself to the occupier
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or another person apparently in
charge of the place, premises or
vehicle; or
(c) if
(i) not less than 72 hours before the
authorised officer first enters the
place, premises or vehicle or such
specified shorter period, the
authorised officer has given the
occupier a copy of the
authorisation and written notice
of the day on which the
authorised officer intends to enter
and inspect the place, premises or
vehicle; and
(ii) the authorised officer identifies
himself or herself to the occupier
or another person apparently in
charge of the place, premises or
vehicle.
(3) If
(a) a specified authorised officer or an
authorised officer of a specified class has
taken all reasonable steps to give an
occupier of a place, premises or vehicle a
copy of an authorisation and a notice of
the day on which the authorised officer
intends to enter and inspect the place,
premises or vehicle under
subsection (2)(c)(i); and
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(b) the authorised officer has been unable to
give that copy and notice to the occupier;
and
(c) at least 72 hours or the specified shorter
period for giving notice of entry has
elapsed since the authorised officer first
attempted to give that copy and notice to
the occupier; and
(d) the State Controller consents, in writing,
to any specified authorised officer or
authorised officer of a specified class
entering the place, premises or vehicle
without complying with subsection (2)
such an authorised officer may enter, within the
period during which the authorisation has effect,
the place, premises or vehicle after first
identifying himself or herself to any person
present in, and apparently in charge of, the place,
premises or vehicle and giving to that person a
copy of the authorisation.
(4) If an authorised officer has entered a place,
premises or vehicle pursuant to subsection (3),
the authorised officer is to give the occupier
written notice of that entry and a copy of the
authorisation as soon as practicable.
(5) For the purpose of inspecting a vehicle under an
authorisation, a specified authorised officer or an
authorised officer of a specified class may stop
and detain that vehicle.
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(6) In entering a place, premises or vehicle pursuant
to this section, the authorised officer may use
such force as is reasonable in the circumstances.
(7) In a place, premises or vehicle entered pursuant
to this section, a specified authorised officer or
an authorised officer of a specified class may
(a) inspect the place, premises or vehicle and
any structure, source, situation, activity
or other thing in the place, premises or
vehicle; and
(b) require any person in the place, premises
or vehicle to answer any question asked
by the authorised officer or to provide
any document or other information
required by the authorised officer that is
under the control of or available to the
person; and
(c) require any person in the place, premises
or vehicle to open any cupboard,
compartment or container.
(8) A person must comply with a requirement made
by an authorised officer under subsection (7).
Penalty: Fine not exceeding 100 penalty units.
(9) If a notice of intention to enter a place, premises
or vehicle is to be or is given under
subsection (2)(c)(i), the State Controller
(a) is to inform the Minister of that intention
before the notice is given; or
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(b) if it is not reasonable in the
circumstances to delay the giving of the
notice until the Minister has been
informed of that intention, is to inform
the Minister of the giving of the notice as
soon as practicable after it is given.
38. Management of risk following inspection
(1) After conducting an inspection under an
authorisation made under section 36, an
authorised officer is to
(a) report the findings of the inspection to
the owner of, person in charge of or
person responsible for the place,
structure, source or situation that is or
may be a hazard, or the person carrying
on the activity that may pose a risk, and
in respect of which the authorisation was
made; and
(b) if the authorised officer considers that
action is needed to mitigate or prevent a
risk of the place, structure, source,
situation or activity causing, contributing
to or aggravating an emergency
(i) discuss the taking of appropriate
action with the owner of, person
in charge of or person responsible
for the place, structure, source or
situation or the person carrying
on the activity; or
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(ii) report to that owner or person in
relation to the taking of
appropriate action.
(2) Without limiting the action that an authorised
officer may consider appropriate for the
purposes of subsection (1)(b), such action may
include the preparation of a plan for emergency
management, or a plan for the management of
risks, and the implementation of measures to
mitigate or prevent the risk of the place,
structure, source, situation or activity causing,
contributing to or aggravating an emergency.
(3) If an authorised officer has discussed with the
owner of, person in charge of or person
responsible for a place, structure, source or
situation, or with the person carrying on an
activity, the taking of appropriate action to
mitigate or prevent a risk of the place, structure,
source, situation or activity causing, contributing
to or aggravating an emergency and that owner
or person fails to take such action within a time
that the authorised officer considers reasonable,
the authorised officer
(a) is to notify the State Controller of that
failure; and
(b) may require the owner or person, in
writing, to take the action that the
authorised officer considers appropriate;
and
(c) if the authorised officer so requires a
person to take an action under
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paragraph (b), is to provide the Minister
with a copy of that requirement.
(4) A requirement under subsection (3) must
(a) be provided to the owner of, person in
charge of or person responsible for the
place, structure, source or situation or to
the person carrying on the activity; and
(b) specify the action to be taken by that
owner or person and, where appropriate,
the time within which that action is to be
taken.
(5) An owner or person must comply with a
requirement provided to him or her under
subsection (4)(a).
Penalty: Fine not exceeding 100 penalty units.
39. Certain persons to have plan for emergency or risk
management
(1) In this section
"prescribed person" means a person, or a
person of a class, prescribed in the
regulations for the purposes of this
section;
"specified" means specified in a notice
provided to a prescribed person under
subsection (2).
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(2) On the recommendation of the State Controller,
the Minister, by written notice provided to a
prescribed person, may require the prescribed
person to prepare and provide to the State
Controller within the specified time one or both
of the following:
(a) a plan for the management of
emergencies generally or emergencies of
a specified class;
(b) a plan for the management of a specified
risk or a risk of a specified class.
(3) A prescribed person must comply with a notice
under subsection (2).
Penalty: Fine not exceeding 100 penalty units.
(4) A prescribed person who has prepared a plan as
required by a notice under subsection (2) must
(a) review the plan at least once every 2
years; and
(b) within 14 days after completing a
review
(i) notify the State Controller of the
results of that review; and
(ii) if the review results in an
amendment to or substitution of
the plan, provide the State
Controller with a copy of the plan
as amended or substituted unless
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the State Controller determines
otherwise.
Penalty: Fine not exceeding 100 penalty units.
Division 3 Emergency powers
40. Authorisation of emergency powers
(1) The State Controller may authorise the exercise,
in accordance with the authorisation, of
emergency powers if he or she
(a) is satisfied that an emergency is
occurring or has occurred in Tasmania
and, due to the occurrence of that
emergency, there are reasonable grounds
for the exercise of those powers for the
purpose of
(i) protecting persons from distress,
injury or death; or
(ii) protecting property or the
environment from damage or
destruction; or
(b) is satisfied on credible information that
an emergency that may impact on
Tasmania is occurring elsewhere in
Australia.
(2) The State Controller may make an authorisation
whether or not a state of emergency has been
declared.
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(3) An authorisation
(a) may be oral or in writing, but if it is oral
it is to be confirmed in writing as soon as
practicable; and
(b) is to specify that the authorisation is
made under this Act; and
(c) is to describe the general nature of the
emergency to which the authorisation
relates; and
(d) is to describe the area in respect of which
the authorisation is made; and
(e) is to specify
(i) the authorised officers or the
classes of authorised officers who
may exercise emergency powers
under the authorisation; or
(ii) that all authorised officers may
exercise emergency powers under
the authorisation; and
(f) is to specify which emergency powers
are exercisable under the authorisation
and by which authorised officers; and
(g) is to specify the date and time at which,
or the event on whose occurrence, the
authorisation takes effect; and
(h) is to specify the period for which the
authorisation has effect or the date and
time at which, or the event on whose
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occurrence, the authorisation ceases to
have effect; and
(i) may specify any conditions and
instructions the State Controller
considers appropriate.
(4) An authorisation may not be made so as to have
effect for a period exceeding 7 days.
(5) The State Controller
(a) is to notify the Minister of his or her
intention to give an authorisation before
giving it; or
(b) if the State Controller considers that in
the circumstances it is not practicable to
notify the Minister before giving the
authorisation, is to notify the Minister as
soon as practicable after giving the
authorisation.
(6) The State Controller may extend an authorisation
for one or more further periods, each of which
does not exceed 7 days, if
(a) he or she is satisfied that there are
reasonable grounds to do so; and
(b) the Minister consents to the extension.
(7) The State Controller may amend or revoke an
authorisation at any time.
(8) The extension, amendment or revocation of an
authorisation
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(a) may be oral or in writing, but if it is oral
it is to be confirmed in writing as soon as
practicable; and
(b) takes effect when it is made or at a later
time specified in it.
(9) As soon as practicable after giving, extending,
amending or revoking an authorisation, the State
Controller is to provide a copy of the
authorisation, extension, amendment or
revocation to the Regional Controller of each
region affected by the authorisation and such
authorised officers as he or she considers
appropriate.
41. Authority of authorisation of emergency powers
(1) An authorisation of emergency powers under
section 40 authorises the exercise in accordance
with the authorisation of emergency powers by
authorised officers as specified in the
authorisation.
(2) If an authorisation of emergency powers under
section 40 authorises an authorised officer to
exercise emergency powers, the authorised
officer may exercise those powers whether or
not he or she has received a copy of the
authorisation.
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Division 4 State of emergency
42. Declaration of state of emergency
(1) The Premier may declare a state of emergency if
he or she
(a) is satisfied on reasonable grounds of one
or more of the following:
(i) that an emergency is occurring or
has occurred in Tasmania;
(ii) that circumstances require, or
may require, the use of special
emergency powers; and
(b) is satisfied that the authorisation of
emergency powers without a declaration
of a state of emergency is insufficient, or
may be insufficient, to manage the
emergency.
(2) A declaration of a state of emergency
(a) may be oral or in writing, but if it is oral
it is to be confirmed in writing as soon as
practicable; and
(b) is to specify that the declaration is made
under this Act; and
(c) is to describe the general nature of the
emergency to which the declaration
relates; and
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(d) is to describe the area in respect of which
the declaration is made; and
(e) is to specify
(i) the Regional Controllers who
may exercise special emergency
powers under the declaration; and
(ii) that the State Controller may
exercise special emergency
powers under the declaration; and
(f) is to specify which special emergency
powers are exercisable under the
declaration and by whom; and
(g) is to specify the date and time at which,
or the event on whose occurrence, the
declaration takes effect; and
(h) is to specify the period for which the
declaration has effect or the date and
time at which, or the event on whose
occurrence, the declaration ceases to
have effect; and
(i) may specify any conditions and
instructions the State Controller
considers appropriate.
(3) A declaration of a state of emergency may not be
made so as to have effect
(a) for a period not exceeding 12 weeks in
the case of an emergency relating to
disease in humans or animals; or
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(b) for a period not exceeding 2 weeks in
any other case.
(4) The Premier may extend a declaration of a state
of emergency for one or more further periods,
each of which does not exceed the relevant
period specified in subsection (3), if satisfied
that there are reasonable grounds to do so.
(5) The Premier may amend or revoke a declaration
of a state of emergency at any time.
(6) The extension, amendment or revocation of a
declaration of a state of emergency may be oral
or in writing, but if it is oral it is to be confirmed
in writing as soon as practicable.
(7) As soon as practicable after a declaration of a
state of emergency is made, extended, amended
or revoked, the State Controller is to provide a
copy of the declaration, extension, amendment
or revocation to the persons who may exercise
special emergency powers under the declaration.
(8) If a declaration of a state of emergency relating
to disease in humans or animals is made for a
period exceeding 4 weeks
(a) the State Committee is to review the
need for the declaration at the end of that
first 4 weeks and then every 2 weeks
while the declaration continues to have
effect; and
(b) if the State Committee on any such
review determines that the declaration
should be amended or revoked, the State
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Committee is to provide its
recommendation for the amendment or
revocation of the declaration to the
Premier.
43. Authority of declaration of state of emergency
(1) A declaration of a state of emergency under
section 42 authorises the exercise in accordance
with the declaration of special emergency
powers by the State Controller and Regional
Controllers as specified in the declaration.
(2) If a declaration of a state of emergency under
section 42 authorises the State Controller or a
Regional Controller to exercise special
emergency powers, the State Controller or
Regional Controller may exercise those powers
whether or not he or she has received a copy of
the declaration.
44. Duties if state of emergency declared
If a state of emergency is declared
(a) the State Controller and the Regional
Controller of a region affected by the
declaration are to implement emergency
management in accordance with any
relevant emergency management plan
and as he or she otherwise considers
appropriate; and
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(b) subject to any directions given by the
Premier, Minister or State Controller, if a
region is affected by the declaration the
Regional Controller is to
(i) take the action required by any
relevant emergency management
plan and as he or she otherwise
considers appropriate; and
(ii) take immediate action to use,
direct and coordinate all available
resources so as to counter the
effects or the likely effects of the
emergency; and
(c) if a municipal area is affected by the
declaration, the Municipal Coordinator is
to advise and assist the Regional
Controller with respect to emergency
management in the municipal area.
45. Authorisation by Regional Controller if state of
emergency declared
(1) Unless the State Controller has directed
otherwise, a Regional Controller may authorise
the exercise, in accordance with the
authorisation, of emergency powers in the region
for which he or she is Regional Controller if
(a) a state of emergency has been declared in
respect of that region, part of that region
or the whole State; or
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(b) a state of emergency has been declared in
respect of another place that is not in that
region and the Regional Controller is
satisfied that the emergency may impact
on that region to the extent that it is
reasonable to authorise the exercise of
those powers in that region for the
purpose of
(i) protecting persons from distress,
injury or death; or
(ii) protecting property or the
environment from damage or
destruction; or
(iii) otherwise mitigating the impact
of the emergency on that region.
(2) Section 40(3), (4), (5), (6), (7), (8) and (9) and
section 41 apply to an authorisation given by a
Regional Controller under this section and for
that purpose
(a) a reference in section 40(3), (4), (5), (6),
(7), (8) or (9) to the State Controller is
taken to be a reference to the Regional
Controller; and
(b) a reference in section 40(3), (4), (5), (6),
(7), (8) or (9) to the Minister is taken to
be a reference to the State Controller; and
(c) a reference in section 41 to an
authorisation under section 40 is taken to
be a reference to an authorisation under
this section.
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(3) If the State Controller is of the opinion that there
is a conflict between an authorisation under this
section and an authorisation under section 40,
the State Controller may amend or revoke either
authorisation as he or she considers appropriate.
Division 5 Roles of councils and municipal volunteer SES
units
46. Councils to use resources in emergency
If an emergency affects a municipal area, the
council in the municipal area is to use its
resources and the resources made available to it
for the purposes of managing the emergency
(a) in accordance with the Municipal
Emergency Management Plan; or
(b) so far as that plan is not applicable and if
a state of emergency that affects the
municipal area has been declared, in
accordance with the directions of the
Municipal Chairperson, Regional
Controller or Municipal Coordinator.
47. Councils to establish or provide for resources
Each council is to establish and maintain, or
otherwise provide for the availability of, all
resources and facilities it considers necessary for
the management of an emergency in its
municipal area in accordance with the relevant
Municipal Emergency Management Plan.
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48. Municipal volunteer SES units
(1) Without limiting the actions that a council is to
or may take under section 47, a council in
complying with that section is to establish and
maintain such municipal volunteer SES units as,
after consultation with the Director SES, it
considers necessary to ensure the effective
operation of the relevant Municipal Emergency
Management Plan and for undertaking rescue
and retrieval operations.
(2) The Director SES is to appoint a Unit Manager
for each municipal volunteer SES unit.
(3) The Unit Manager of a municipal volunteer SES
unit is subject to the direction of the Director
SES.
49. Resources of municipal volunteer SES units
(1) In complying with its obligations under
section 48, a council is responsible for the
effective operation of its municipal volunteer
SES units and, for this purpose, is responsible
for all aspects of the storage and maintenance of
the equipment used by those units and the
provision of other facilities and resources
necessary for those units to perform their
functions, including adequate accommodation
for the purposes of training members of those
units, unless otherwise agreed with the Director
SES under subsection (2).
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(2) Such equipment, training and other facilities and
resources for emergency management as the
Director SES considers appropriate
(a) may be provided in accordance with an
agreement between the Director SES and
a council; or
(b) must be provided if the relevant
Municipal Emergency Management Plan
requires it
to a municipal volunteer SES unit from the
resources of the State Emergency Service.
(3) The Director SES may issue to councils
standards for the adequate storage and
maintenance of the equipment used by municipal
volunteer SES units.
(4) A municipal volunteer SES unit is to use
equipment provided to it only for emergency
management, rescue and retrieval operations,
training for emergency management and rescue
and retrieval operations and as otherwise
determined by the Director SES.
50. Power to bind in contracts
A council may enter into a contract with one or
more councils or other persons to enable or
facilitate emergency management in its
municipal area, other municipal areas or both its
municipal area and other municipal areas.
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Division 6 Miscellaneous
51. Assistance
In performing functions and exercising powers
under this Part, an authorised officer may be
assisted by such persons as he or she considers
appropriate.
52. Use of force
In performing functions and exercising powers
under this Part, an authorised officer or a person
assisting, and under the direct supervision of, an
authorised officer may use such force as is
reasonably necessary.
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PART 4 MISCELLANEOUS
53. Allocations to councils
(1) The Minister, out of money provided by
Parliament for the purposes of this Act, may
allocate such amounts as he or she determines to
a council or other person for the purposes of
emergency management and rescue and retrieval
operations.
(2) Sums allocated under this section are to be
expended for the purposes for which the
allocation was made.
54. Compensation for lost property, &c.
(1) Compensation may be payable if property is lost,
destroyed or damaged as a result of an act or
omission by an emergency management worker,
the State Committee, a Regional Committee, a
Municipal Committee or another person while
(a) exercising, or purportedly exercising, an
emergency power or special emergency
power; or
(b) undertaking, or purportedly undertaking,
rescue and retrieval operations; or
(c) performing or exercising, or purportedly
performing or exercising, any function or
other power under this Act.
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(2) A claim for compensation under subsection (1)
is to be made to the Minister in the first instance.
55. Liability for death or injury resulting from
performing functions, &c., under this Act
(1) The Crown is liable in tort in respect of the death
of or injury to a person other than an emergency
management worker, subject to the defences and
other incidences ordinarily applicable in
proceedings in tort, if the death or injury is a
result of an emergency management worker, the
State Committee, a Regional Committee, a
Municipal Committee or another person
(a) failing to perform or exercise a function
or power imposed or conferred by or
under this Act; or
(b) improperly performing or exercising a
function or power imposed or conferred
by or under this Act; or
(c) contravening a provision of this Act or
the regulations that prohibits the doing of
any act; or
(d) performing or exercising, or purportedly
performing or exercising, any function or
other power under this Act.
(2) Despite subsection (1), the Crown is not liable in
tort in respect of the death of or injury to a
person if the death or injury is attributable
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wholly or partly to an act or omission by an
emergency management worker while
(a) exercising, or purportedly exercising, an
emergency power or special emergency
power; or
(b) undertaking, or purportedly undertaking,
rescue and retrieval operations.
(3) An award against the Crown under proceedings
taken under subsection (1) is payable out of
money provided by Parliament for the purpose.
56. Workers' compensation payable to or in respect of
volunteers
(1) In this section
"volunteer emergency management
worker" means an emergency
management worker whose participation
in emergency management or rescue and
retrieval operations is as a volunteer.
(2) For the purposes of the Workers Rehabilitation
and Compensation Act 1988, a volunteer
emergency management worker who participates
in emergency management or a rescue and
retrieval operation is taken to be a worker
employed by the Crown while engaging in that
emergency management or rescue and retrieval
operation.
(3) For the purpose of assessing the compensation
payable to, or in respect of, a person to whom
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subsection (2) applies, the person's average
weekly earnings
(a) if he or she was working under a contract
of service or an industrial award or
agreement immediately before engaging
in the emergency management or rescue
and retrieval operation, are to be
calculated according to his or her
earnings under that contract; or
(b) if he or she was not working under such
a contract, award or agreement at that
time, are to be calculated as prescribed.
(4) Without restricting the operation of
subsection (2), participation in any training,
meeting, competition, demonstration or display
held
(a) in respect of emergency management,
rescue and retrieval operations or matters
related to emergency management or
rescue and retrieval operations; or
(b) for the purpose of increasing awareness
of emergency management or rescue and
retrieval operations
is taken to be participation in emergency
management or a rescue and retrieval operation.
57. Protection of employment rights
A person who is absent from his or her usual
employment for the purposes of participating in
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emergency management, or participating in a
rescue and retrieval operation during or after the
incident or other event that is the reason for the
operation, is not liable for dismissal or loss of
long service leave, sick leave, recreation leave or
other benefits to which he or she may be entitled
under any industrial award or agreement or
under any law by reason only of that absence
(whether or not his or her usual employer has
consented to that absence) if
(a) the person is a member of, or has a
member-like association with, the State
Emergency Service, another statutory
service, a municipal volunteer SES unit
or an affiliated organisation and either
(i) was requested by or on behalf of
the State Emergency Service,
statutory service, municipal
volunteer SES unit or affiliated
organisation to participate in the
emergency management or rescue
and retrieval operation; or
(ii) no such request was made, but it
would be reasonable to expect
that, if the circumstances had
permitted the making of such a
request, it is likely that such a
request would have been made;
or
(b) the person has been directed or required
under the exercise of emergency powers
or special emergency powers to so
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participate in the emergency
management or rescue and retrieval
operation.
58. Protection from liability
An emergency management worker does not
incur any civil or criminal liability in respect of
any act done or omitted to be done by the person
in good faith
(a) in undertaking emergency management,
rescue and retrieval operations or a
prescribed activity; or
(b) in the performance or exercise, or the
purported performance or exercise, of
any function or power under this Act; or
(c) in the administration or execution, or the
purported administration or execution, of
this Act.
59. Destruction, &c., attributable to emergency
(1) In this section
"prescribed action" means the act or
omission of an emergency management
worker while
(a) participating in emergency
management, a rescue and
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retrieval operation or a prescribed
activity; or
(b) performing or exercising, or
purportedly performing or
exercising, any function or power
under this Act;
"training" means training and other
preparation.
(2) The death or injury of a person, or the loss of,
destruction of or damage to property, that is the
result of a prescribed action by an emergency
management worker is taken, where possible and
for the purposes of any contract, to have been
caused
(a) if the emergency management worker's
participation in the emergency
management, rescue and retrieval
operation or prescribed activity, or his or
her performance or exercise or purported
performance or exercise of any function
or power under this Act, occurred
because of the occurrence of an
emergency, incident or event, by that
emergency, incident or event; or
(b) if the emergency management worker's
participation in the emergency
management, rescue and retrieval
operation or prescribed activity, or his or
her performance or exercise or purported
performance or exercise of the function
or power, occurred as training or other
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preparation for an emergency, rescue and
retrieval operation or prescribed activity,
by an actual emergency, incident or event
of the kind that the training or other
preparation related to or that is
prescribed.
60. Offences with respect to emergency management
workers
A person must not
(a) assault, resist, impede or obstruct an
emergency management worker who is
participating in emergency management
or a rescue and retrieval operation, or
performing or exercising a function or
power, under this Act; or
(b) use threatening, abusive or insulting
language to such an emergency
management worker; or
(c) fail to comply with a lawful requirement
or direction of such an emergency
management worker; or
(d) knowingly provide false or misleading
information to such an emergency
management worker; or
(e) impersonate an emergency management
worker.
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Penalty: Fine not exceeding 100 penalty units
or a term of imprisonment not
exceeding 3 months, or both.
61. Offences by bodies corporate
(1) If a body corporate commits an offence against
this Act, each person concerned in the
management of the body corporate is taken to
have also committed the offence and may be
convicted of the offence unless the person shows
that
(a) the act or omission constituting the
offence took place without the person's
knowledge or consent; or
(b) the person used all due diligence to
prevent that act or omission by the body
corporate.
(2) A person referred to in subsection (1) may be
convicted of an offence against this Act whether
or not the body corporate is charged with or
convicted of the offence.
62. Evidentiary provisions
(1) In this section
"specified" means specified in a certificate
made under this section.
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(2) In any proceedings, a certificate or other
document purporting to be signed by the State
Controller in relation to any of the following
matters is evidence of the matters specified in it:
(a) whether or not an authorisation under
section 40, or a declaration of a state of
emergency under section 42, was in
effect during a specified period or on a
specified day in respect of the whole of
Tasmania or a specified region or
specified place;
(b) whether or not a specified person was an
authorised officer during a specified
period or on a specified day;
(c) whether or not a specified authorised
officer was entitled to exercise specified
powers during a specified period or on a
specified day under an authorisation
under section 40, or a declaration of a
state of emergency under section 42.
(3) In any proceedings, a certificate or document
purporting to be signed by the Director in
relation to any of the following matters is
evidence of the matters specified in it:
(a) whether or not a specified person was a
member, including a voluntary member,
of the State Emergency Service during a
specified period or on a specified day;
(b) whether or not an organisation was an
affiliated organisation during a specified
period or on a specified day.
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(4) In any proceedings, a document
(a) purporting to be a delegation by the
Minister or a person referred to in
section 30 of functions or powers to
another person; and
(b) purporting to be signed by the Minister
or that person referred to in section 30
is evidence that the document is such a
delegation and of the matters specified in it.
63. Annual report
(1) As soon as practicable after the end of a
financial year but no later than the immediately
following 30 September, the State Controller is
to provide a report on the operation of this Act to
the Minister.
(2) Without limiting the matters that may be
included in the report, the report is to
(a) provide details about each authorisation
or declaration of a state of emergency
made, amended or extended under
Divisions 2, 3 and 4 of Part 3 or each
other exercise of powers under any of
those Divisions during the financial year
to which the report relates; and
(b) include any other matters required by the
Minister.
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(3) If the report specifies that an authorisation or a
declaration of a state of emergency has been
made, amended or extended under Divisions 2, 3
and 4 of Part 3 or there has been any other
exercise of powers under any of those Divisions,
the Minister is to cause information relating to
the making, amendment or extension of the
authorisation or declaration, or the exercise of
those powers, to be laid before each House of
Parliament not later than 31 October
immediately following the financial year to
which the report relates.
(4) If the Minister is unable to comply with
subsection (3) by reason of the fact that either
House of Parliament is not sitting, the Minister
on or before 31 October is to
(a) forward a copy of the information to the
Clerk of the Legislative Council and the
Clerk of the House of Assembly; and
(b) make the report available to the public
and, within the next 7 sitting-days of that House,
is to cause a copy of the report to be laid before
that House.
(5) The report may be included in the annual report
of the Department.
64. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
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(2) The regulations may be made so as to apply
(a) throughout the whole of Tasmania or in a
region, place or area specified in the
regulations; and
(b) differently according to such other
factors as are specified in the regulations.
(3) The regulations may
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 50
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 10 penalty units for each day
during which the offence continues.
(4) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by any person or body specified in the
regulations.
(5) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act, including provisions in
respect of legal proceedings and judgments.
(6) Regulations made under subsection (5) may take
effect on the day on which this Act commences
or a later day as specified in the regulations,
whether the day so specified is before, on or
after the day on which the regulations are made.
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65. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Police and Emergency
Management; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Police
and Emergency Management.
66. Savings and transitional provisions
The savings and transitional provisions set out in
Schedule 4 have effect.
67. Consequential Amendments
The legislation specified in Schedule 5 is
amended as specified in that Schedule.
68. Legislation repealed
The legislation specified in Schedule 6 is
repealed.
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69. Legislation rescinded
The legislation specified in Schedule 7 is
rescinded.
70. Legislation revoked
The legislation specified in Schedule 8 is
revoked.
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SCHEDULE 1 EMERGENCY POWERS
Definition of "emergency power" in section 3
1. Emergency powers
(1) The following powers are emergency powers:
(a) to evacuate persons, animals and
wildlife;
(b) to prohibit, direct, regulate or limit the
movement of persons, animals, wildlife,
vehicles and other property into, within
or out of Tasmania, any area in Tasmania
or any premises;
(c) to move persons, animals, wildlife,
vehicles and other property;
(d) to detain persons, and seize animals,
wildlife, vehicles, premises and other
property, that the authorised officer
suspects may be contaminated or infected
by chemical, biological or radiological
material;
(e) to do one or more of the following:
(i) medically examine, treat or
decontaminate any person that
the authorised officer suspects
may be contaminated or infected
by chemical, biological or
radiological material;
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(ii) require such a person to submit to
a medical examination, treatment
or decontamination as specified
in the requirement;
(f) to do one or more of the following:
(i) medically examine, inspect,
analyse, take samples of, treat,
decontaminate or destroy any
animal, wildlife, vehicle,
premises or other property that
the authorised officer suspects
may be contaminated or infected
by chemical, biological or
radiological material;
(ii) require a person to allow the
taking of an action referred to in
subparagraph (i) in respect of any
such animal, wildlife, vehicle,
premises or other property;
(iii) require a person to deliver, as
specified in the requirement, any
such animal, wildlife, vehicle or
other property for the purposes of
the taking of an action referred to
in subparagraph (i) in respect of
that animal, wildlife, vehicle or
other property;
(g) to dispose of human remains, the carcass
of any animal or any wildlife, vehicle or
other property in the manner that the
authorised officer considers appropriate
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despite any law that would otherwise
prevent or restrict that disposal;
(h) to take samples of any material or other
thing that the authorised officer suspects
may be, or may be contaminated or
infected by, chemical, biological or
radiological material;
(i) to turn off, block, take possession of or
restore the supply of electricity, liquids,
gas or any other substance;
(j) to close to traffic of any type any street,
private street, way, service lane, right of
way or access way;
(k) to close any public place or part of a
public place, or to require the person for
the time being in charge of any public
place to close it or a part of it;
(l) to close a public event or part of a public
event, or to require the organiser of a
public event to cancel or close the event
or part of the event;
(m) to enter premises;
(n) to stop and enter vehicles;
(o) in any premises or vehicle lawfully
entered
(i) to inspect the premises or vehicle
and anything in or on the
premises or vehicle; and
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(ii) to require any person in or on the
premises or vehicle to open any
cupboard, compartment or
container; and
(iii) to seize anything found in or on
the premises or vehicle that, in
the opinion of the authorised
officer, is relevant to the
management of the emergency;
and
(iv) to examine, seize, make copies of
or take extracts from any
documents; and
(v) to take photographs of any person
or thing;
(p) to inspect and search personal
belongings, and seize any personal
belonging that, in the opinion of the
authorised officer, is relevant to the
management of the emergency;
(q) to require any person to answer any
question asked by the authorised officer
or to provide any document or other
information required by the authorised
officer that is in the control of the person;
(r) to excavate land, construct earthworks,
erect temporary barriers and other
structures and modify or mend any
existing structure;
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(s) to require a person who owns or is
apparently in charge of property, or who
carries on or is in charge of a business, to
take the actions relating to that property
or business specified by the authorised
officer to minimise the possibility of
aggravating an emergency or the effects
of an emergency;
(t) to give directions to, and make
requirements of, a person, as necessary
or practicable, for the purposes of
exercising an emergency power;
(u) powers prescribed as emergency powers.
(2) An authorised officer may detain a person who is
detained under subclause (1), or keep possession
of any animal, wildlife, vehicle, document or
property seized under that subclause, for so long
as is necessary to conduct appropriate
examinations, treatments and decontamination.
(3) Before entering premises under subclause (1), an
authorised officer is to give reasonable notice of
not more than 3 days, in writing, to the occupier
of the premises of the intention to enter the
premises unless
(a) the occupier consents to the entry
without written notice; or
(b) the premises are open to entry by the
public; or
(c) the authorised officer believes on
reasonable grounds that the
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circumstances are such that immediate
entry is necessary for the purpose of
protecting people from distress, injury or
death or protecting property or the
environment from damage or destruction.
(4) The power to inspect and search the personal
belongings of a person under
subclause (1)(p) includes
(a) the power to inspect and search the
clothing of the person; and
(b) the power to require the person to
remove outer garments of clothing such
as coats, hats, gloves and shoes but does
not include the power to require the
person to remove the layer of clothing
that immediately covers his or her
underwear or all of his or her clothes;
and
(c) the power to frisk that person; and
(d) the power to search the person's
clothing, whether or not being worn by
the person, by using an animal or device
that is capable of detecting chemical,
biological, radiological or metallic
material on that person or his or her
clothes.
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SCHEDULE 2 SPECIAL EMERGENCY POWERS
Definition of "special emergency power" in section 3
1. Special emergency powers of State Controller and
Regional Controllers
The State Controller or a Regional Controller of
a region affected by the declaration of a state of
emergency may
(a) direct that the resources of the State and
any council or other person be made
available for emergency management as
specified in the direction; and
(b) require the owner (including a council)
of, or the person for the time being in
charge of, any resources to surrender the
resources and place them under the
control of any person involved in
emergency management; and
(c) take such other action as the State
Controller or Regional Controller
considers appropriate for emergency
management.
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SCHEDULE 3 MEMBERSHIP AND MEETINGS OF
COMMITTEES
Sections 8(8), 15(8) and 21(7)
1. Interpretation
In this Schedule
"Committee" means the State Committee, a
Regional Committee or a Municipal
Committee;
"member" means a member of a Committee.
2. Holding other office
The holder of an office who is required by the
terms of his or her employment to devote the
whole of his or her time to the duties of that
office is not disqualified from
(a) holding that office and also the office of
a member; or
(b) accepting any remuneration payable to a
member.
3. Remuneration and conditions of appointment
(1) A member is entitled to be paid such
remuneration and allowances as the Minister
determines.
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(2) A member who is a State Service employee or
State Service officer is not entitled to
remuneration or allowances under this clause
except with the approval of the Minister
administering the State Service Act 2000.
(3) A member who is appointed by instrument of
appointment holds office on such conditions in
relation to matters not provided for by this Act
as are specified in the member's instrument of
appointment.
4. Nominees
(1) Subject to this Act, a member may nominate a
person to attend meetings of the Committee and
act in the office of a member in his or her stead.
(2) A nominee may attend meetings of the
Committee and act in the office of a member if
(a) the member is absent from Tasmania or
from duty as a member; or
(b) the member is otherwise unable to
perform the functions of the office of a
member.
(3) While a nominee is attending a meeting of the
Committee and acting in the office of a member
he or she is taken to be the member.
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5. Convening of meetings
The chairperson, after giving each member
reasonable notice of a meeting
(a) may convene a meeting at any time; and
(b) must convene a meeting when requested
to do so by 2 or more other members.
6. Frequency of meetings
A Committee is to meet as often as is necessary
for the performance of its functions.
7. Presiding at meetings
(1) The chairperson of a Committee is to preside at
all meetings of the Committee at which he or she
is present.
(2) If the Municipal Chairperson is not present at a
meeting of that Committee, the nominee of the
Municipal Chairperson is to preside.
8. Quorum at meetings
(1) At a meeting of a Committee, a quorum is
constituted by that number of members
determined by the members present at the
meeting but must not be less than 3 members
consisting of the chairperson, the executive
officer of the Committee and one other member.
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(2) A meeting of a Committee at which a quorum is
present is competent to transact any business of
the Committee.
9. Conduct of meetings and proceedings
(1) A Committee may regulate the calling of, and
the conduct of business at, its meetings and all
its proceedings as it considers appropriate.
(2) Unless a Committee determines otherwise, a
member may participate in, and be present at, a
particular meeting or all meetings by
(a) being personally present; or
(b) telephone; or
(c) video conference; or
(d) any other means of communication.
10. Resolutions without meetings
(1) If the same number of members as constitute a
quorum sign a document containing a statement
that they are in favour of a resolution in the
terms set out in the document, a resolution in
those terms is taken to have been passed at a
meeting of the Committee held on the day on
which the document is signed or, if those
members do not sign it on the same day, on the
day on which the last of those members signs the
document.
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(2) For the purposes of subclause (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one
or more members, is taken to constitute one
document.
11. Minutes
A Committee is to keep accurate minutes of its
meetings.
12. Validation of proceedings, &c.
(1) An act or proceeding of a Committee or of a
person acting under any direction of a
Committee is not invalidated by reason only that
at the time when the act or proceeding was done,
taken or commenced there was a vacancy in the
office of a member.
(2) All acts and proceedings of a Committee, or of a
person acting under a direction of a Committee,
are, despite the subsequent discovery of a defect
in the appointment of a prescribed member or
that any other person was disqualified from
acting as, or was incapable of being, a member,
as valid as if the member had been duly
appointed or was qualified to act as, or capable
of being, a member, and as if the Committee had
been fully constituted.
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13. Presumptions
In any proceeding by or against a Committee,
unless evidence is given to the contrary, proof is
not required of
(a) any resolution of the Committee; and
(b) the presence of a quorum at any meeting
of the Committee.
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SCHEDULE 4 SAVINGS AND TRANSITIONAL
PROVISIONS
Section 66
1. Interpretation
In this Schedule
"commencement day" means the day on
which this Act commences;
"counter-disaster measures" has the same
meaning as in the Repealed Act;
"Director of Emergency Services" means
the person appointed as Director of
Emergency Services under section 20 of
the Repealed Act;
"Region Disaster Planning Group" means a
Region Disaster Planning Group
established under section 15 of the
Repealed Act;
"Repealed Act" means the Emergency
Services Act 1976;
"State Disaster Committee" means the State
Disaster Committee established by
section 6 of the Repealed Act;
"State Disaster Executive" means the State
Disaster Executive established by section
9 of the Repealed Act.
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2. State Disaster Committee and State Disaster
Executive
(1) The State Disaster Committee is abolished.
(2) Each person who is a member of the State
Disaster Committee specified in section 6(2)(b),
(c) and (d) and (3) of the Repealed Act
immediately before the commencement day is
taken to be a member of the State Committee,
and
(a) in the case of a member of the State
Disaster Group who does not have an
instrument of appointment or
nomination, the State Controller is taken
to have determined the position or office
held by that member for the purposes of
section 8(1)(b) of this Act; or
(b) in the case of a member of the State
Disaster Group who was appointed or
nominated by instrument of appointment
or nomination, that appointment or
nomination continues and is taken to be
an appointment made by the State
Controller under section 8(1)(c).
(3) The State Disaster Executive is abolished.
(4) Where appropriate
(a) an act done or omitted to be done by the
State Disaster Committee or State
Disaster Executive is taken to have been
done or omitted by the State Committee;
and
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(b) a document made or executed by the
State Disaster Committee or State
Disaster Executive is taken to have been
made or executed by the State
Committee; and
(c) a reference in a document to the State
Disaster Committee or State Disaster
Executive is taken to be a reference to
the State Committee.
3. Region Disaster Controller and Deputy
(1) The appointment of a person as Region Disaster
Controller under section 14 of the repealed Act
that is in force immediately before the
commencement day continues and is taken to be
an appointment to the office of Regional
Emergency Management Controller under
section 17 of this Act in respect of the relevant
region.
(2) The appointment of a person to act in the role of
deputy to a Region Disaster Controller that is in
force immediately before the commencement
day continues and is taken to be an appointment
to the office of Deputy Regional Emergency
Management Controller under section 17 of this
Act in respect of the relevant region.
(3) Where appropriate
(a) an act done or omitted to be done by a
Region Disaster Controller or his or her
deputy is taken to have been done or
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omitted by the relevant Regional
Controller or Deputy Regional
Controller; and
(b) a document made or executed by a
Region Disaster Controller or his or her
deputy is taken to have been made or
executed by the relevant Regional
Controller or Deputy Regional
Controller; and
(c) a reference in a document to a Region
Disaster Controller or his or her deputy is
taken to be a reference to a Regional
Controller or the relevant Regional
Controller or Deputy Regional
Controller.
4. Region Disaster Planning Group
(1) Each Region Disaster Planning Group is
abolished.
(2) Subject to the determination of the Regional
Controller under subclause (3), each person who
is a member of a Region Disaster Planning
Group specified in section 15(b), (c), (d), (e), (f),
(g) and (h) of the Repealed Act immediately
before the commencement day is taken to be a
member of the State Committee referred to in
section 15(1)(b) or (c) of this Act, as the case
requires, and
(a) in the case of a member of the Region
Disaster Planning Group who does not
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have an instrument of appointment, the
Regional Controller is taken to have
determined the position or office held by
that member for the purposes of
section 15(1)(b) of this Act; or
(b) in the case of a member who was
appointed by instrument of appointment,
that appointment continues and is taken
to be an appointment made by the
Regional Controller under
section 15(1)(c).
(3) A Regional Controller, by notice provided to a
member of a Region Disaster Planning Group
referred to in subclause (2), may determine that
the member is not to become a member of the
relevant Regional Committee and if he or she
does so
(a) in the case of a member who does not
have an instrument of appointment, the
Regional Controller is not taken to have
determined the position or office held by
that member for the purposes of
section 15(1)(b) of this Act; or
(b) in the case of a member of the Region
Disaster Planning Group who was
appointed by instrument of appointment,
that appointment is terminated on the
commencement day and the member is
not entitled to any compensation or other
payment in respect of that termination.
(4) Where appropriate
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(a) an act done or omitted to be done by a
Region Disaster Planning Group is taken
to have been done or omitted by the
relevant Regional Committee; and
(b) a document made or executed by a
Region Disaster Planning Group is taken
to have been made or executed by the
relevant Regional Committee; and
(c) a reference in a document to a Region
Disaster Planning Group is taken to be a
reference to a Regional Committee or the
relevant Regional Committee.
5. Members of State Emergency Service
(1) A person who immediately before the
commencement day is a member of the State
Emergency Service continues to be such a
member on the same terms and conditions.
(2) A person appointed subject to and in accordance
with the State Service Act 2000 for the purposes
of the Repealed Act who is a member of the
State Emergency Service immediately before the
commencement day is taken to have been
appointed under the State Service Act 2000 for
the purposes of this Act.
(3) A person appointed by the Director of
Emergency Services under section 23(a) of the
Repealed Act to be a registered volunteer
member, or executive volunteer member, of the
State Emergency Service is taken to have been
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registered by the State Controller as a volunteer
member of the State Emergency Service under
section 28(2)(b) of this Act.
6. Director of Emergency Services
(1) The appointment of a person as Director of
Emergency Services under section 20(1) of the
repealed Act that is in force immediately before
the commencement day continues and is taken to
be an appointment to the office of State
Emergency Management Controller under
section 10 of this Act.
(2) Where appropriate
(a) an act done or omitted to be done by the
Director of Emergency Services is taken
to have been done or omitted by the State
Controller; and
(b) a document made or executed by the
Director of Emergency Services is taken
to have been made or executed by the
State Controller; and
(c) a reference in a document to the Director
of Emergency Services is taken to be a
reference to the State Controller.
7. Combined municipal areas
If 2 or more councils have united with the
approval of the Minister under section 30(2) of
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the Repealed Act for the purpose of preparing a
counter-disaster plan under the Repealed Act,
the municipal areas of those councils are taken to
have been determined to be a combined area
under section 19 of this Act.
8. Local Co-ordinators of the State Emergency Service
(1) The appointment of a person as a Local Co-
ordinator of the State Emergency Service under
section 30(1)(a) of the repealed Act that is in
force immediately before the commencement
day continues and is taken to be an appointment
to the office of Municipal Emergency
Management Coordinator under section 23 of
this Act in respect of the relevant municipal area.
(2) The appointment of a person to act in the role of
deputy to Local Co-ordinator that is in force
immediately before the commencement day
continues and is taken to be an appointment to
the office of Deputy Municipal Emergency
Management Coordinator under section 23 of
this Act in respect of the relevant municipal area.
(3) Where appropriate
(a) an act done or omitted to be done by a
Local Co-ordinator of the State
Emergency Service is taken to have been
done or omitted by the relevant
Municipal Coordinator; and
(b) a document made or executed by a Local
Co-ordinator of the State Emergency
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Service is taken to have been made or
executed by the relevant Municipal
Coordinator; and
(c) a reference in a document to a Local Co-
ordinator of the State Emergency Service
is taken to be a reference to a Municipal
Coordinator or the relevant Municipal
Coordinator.
9. Contracts by councils
A contract entered into, executed or made by a
council under section 34 of the Repealed Act
continues and is taken to have been entered into,
executed or made by the council under
section 50 of this Act.
10. Authorised officers
A person who, immediately before the
commencement day, is an authorized person for
the purposes of section 28 or 29 of the Repealed
Act is taken to be an authorised officer subject to
the same conditions and limitations, if any,
which applied to his or her authorisation as such
an authorized person.
11. Personal identification
A card or other document for personal
identification issued under the Repealed Act
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continues to have effect as if it were issued
under this Act.
12. Emergency Management Plans
(1) The plan prepared by the State Disaster
Committee under the Repealed Act that
(a) makes provision in respect of counter-
disaster measures for Tasmania; and
(b) has been approved by the Minister under
the Repealed Act; and
(c) is in force immediately before the
commencement day
is taken to be the Tasmanian Emergency
Management Plan prepared by the State
Committee, and approved by the Minister, under
section 32 of this Act.
(2) The counter-disaster plan prepared by each
Region Disaster Planning Group under section
16 of the Repealed Act that
(a) makes provision in respect of counter-
disaster measures for the region in
respect of which the Region Disaster
Planning Group is established; and
(b) has been approved by the Director of
Emergency Services under the Repealed
Act; and
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(c) is in force immediately before the
commencement day
is taken to be the Regional Emergency
Management Plan for the relevant region
prepared by the Regional Committee for that
region, and approved by the State Controller,
under section 33 of this Act.
(3) The counter-disaster plan prepared under section
30 of the Repealed Act by each council, or group
of 2 or more councils united with the Minister's
approval under that section, that
(a) makes provision in respect of counter-
disaster measures for its municipal area;
and
(b) has been approved by the Director of
Emergency Services under section 31 of
the Repealed Act; and
(c) is in force immediately before the
commencement day
is taken to be the Municipal Emergency
Management Plan for the relevant municipal
area, or relevant combined area, prepared by the
Municipal Committee for that municipal area or
combined area, and approved by the Regional
Controller, under section 34 of this Act.
13. State of emergency and state of disaster
(1) If immediately before the commencement day a
declaration of a state of emergency is in force
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under section 25 of the Repealed Act, that
declaration continues according to its terms and
is taken to be a declaration of a state of
emergency made under section 42 of this Act.
(2) If immediately before the commencement day a
declaration of a state of disaster is in force under
section 26 of the Repealed Act, that declaration
continues according to its terms and is taken to
be a declaration of a state of emergency made
under section 42 of this Act.
14. Compensation
(1) If immediately before the commencement day a
person is entitled to claim compensation under
section 28(4) or 29(5) of the Repealed Act, that
person may claim that compensation under
section 54 of this Act.
(2) If a claim for compensation under section 28(4)
or 29(5) of the Repealed Act is made before but
not determined by the commencement day, that
claim is taken to be a claim for compensation
made under, and may be determined in
accordance with, section 54 of this Act.
(3) If immediately before the commencement day a
person is entitled to claim compensation
pursuant to section 43 of the Repealed Act, that
person may claim that compensation pursuant to
section 56 of this Act.
(4) If a claim for compensation pursuant to section
43 of the Repealed Act is made before but not
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determined by the commencement day, that
claim is taken to be a claim for compensation
made pursuant to section 56 of this Act and may
be determined in accordance with section 56 of
this Act and the Workers Rehabilitation and
Compensation Act 1988.
15. References to Emergency Services Act 1976
(1) Where appropriate, a reference in an Act or other
document to the Emergency Services Act 1976 is
taken to be a reference to this Act.
(2) Where appropriate, a reference in an Act or other
document to a provision of the Emergency
Services Act 1976 is taken to be a reference to
the corresponding provision of this Act, if any.
119
Emergency Management Act 2006
Act No. of
sch. 5
SCHEDULE 5 CONSEQUENTIAL AMENDMENTS
Section 67
Dangerous Substances (Safe Handling) Act 2005
1. Section 3 is amended by omitting "established
under the Emergency Services Act 1976" from
paragraph (a) of the definition of "emergency
services" and substituting "continued under the
Emergency Management Act 2006".
2. Section 12(1) is amended by omitting paragraph
(b) and substituting the following paragraph:
(b) Emergency Management Act 2006;
3. Section 45(2) is amended by omitting paragraph
(b) and substituting the following paragraph:
(b) the Emergency Management Act 2006;
4. Section 52(2) is amended by omitting paragraph
(b) and substituting the following paragraph:
(b) the Emergency Management Act 2006;
120
Emergency Management Act 2006
Act No. of
sch. 5
Gas Act 2000
1. Section 92 is amended by omitting "Emergency
Services Act 1976" and substituting "Emergency
Management Act 2006".
Petroleum Products Emergency Act 1994
1. Section 7(2) is amended by omitting "made
under section 25 of the Emergency Services Act
1976" and substituting "of a state of emergency
made under section 41 of the Emergency
Management Act 2006 is in force and".
Pollution of Waters by Oil and Noxious Substances Act 1987
1. Section 35(2)(c)(i) is amended by omitting
"Emergency Services Act 1976" and substituting
"Emergency Management Act 2006".
Public Health Act 1997
1. Section 14(1)(b) is amended by omitting
"disaster under the Emergency Services Act 1976
to be made." and substituting "emergency under
section 41 of the Emergency Management Act
2006 to be made in respect of the area to which
the declaration under this section would relate.".
121
Emergency Management Act 2006
Act No. of
sch. 6
SCHEDULE 6 LEGISLATION REPEALED
Section 68
Emergency Services Act 1976 (No. 29 of 1976)
122
Emergency Management Act 2006
Act No. of
sch. 7
SCHEDULE 7 LEGISLATION RESCINDED
Section 69
Emergency Services Regulations 2000 (No. 207 of 2000)
123
Emergency Management Act 2006
Act No. of
sch. 8
SCHEDULE 8 LEGISLATION REVOKED
Section 70
Proclamation under the Emergency Services Act 1976 (No.
123 of 1999)
124 Government Printer, Tasmania