Victorian Consolidated Legislation

Emergency Management Act 1986 - SECT 24

Powers and duties of Co-ordinator in Chief

24. Powers and duties of Co-ordinator in Chief



(1) In a state of disaster, the Co-ordinator in Chief is responsible for
directing and co-ordinating the activities of all government agencies, and the
allocation of all available resources of the Government, which the
Co-ordinator in Chief considers necessary or desirable for responding to the
disaster.

(2) In addition to and without in any way limiting the generality of
subsection (1), in a state of disaster the Co-ordinator in Chief may-

   (a)  direct any government agency to do or refrain from doing any act, or
        to exercise or perform or refrain from exercising or performing any
        function, power, duty or responsibility; and

   (b)  if it appears to the Co-ordinator in Chief that compliance by a
        government agency with an Act or subordinate instrument, which
        prescribes the functions powers duties and responsibilities of that
        agency, would inhibit response to or recovery from the disaster,
        declare that the operation of the whole or any part of that Act or
        subordinate instrument is suspended; and

   (c)  take possession and make use of any person's property as the
        Co-ordinator in Chief considers necessary or desirable for responding
        to the disaster; and

   (d)  control and restrict entry into, movement within and departure from
        the disaster area or any part of it; and

   (e)  compel the evacuation of any or all persons from the disaster area or
        any part of it.



(3) If a direction is given to a government agency under subsection (2)(a)-

   (a)  the government agency must comply with the direction; and

   (b)  the direction prevails over anything to the contrary in any Act or
        law.

(4) A declaration made under subsection (2)(b) has effect according to its
tenor until a further declaration is made by the Co-ordinator in Chief
reviving the operation of the Act or subordinate instrument.

(5) If the property of a person is taken or used under subsection (2)(c) that
person may receive such compensation as is determined by the Co-ordinator in
Chief.

(6) A person referred to in subsection (5) may apply to the Victorian Civil
and Administrative Tribunal for review of any determination made by the
Co-ordinator in Chief under that subsection.

(7) The power of the Co-ordinator in Chief under subsection (2)(e) may not be
exercised so as to compel the evacuation of a person from any land or building
if the person has a pecuniary interest in the land or building or in any goods
or valuables on the land or in the building.

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