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EMERGENCY MANAGEMENT ACT 2005 - SECT 101

EMERGENCY MANAGEMENT ACT 2005 - SECT 101

101 .         Regulations as to compensation of volunteers

        (1)         In this section —

        prescribed emergency activity means an activity prescribed by the regulations that relates to emergency management;

        volunteer means a person who —

            (a)         carries out a prescribed emergency activity; and

            (b)         carries out the activity —

                  (i)         on a voluntary basis; or

                  (ii)         in accordance with a direction given under this Act or any other written law.

        (2)         For the purposes of this section a person carries out an activity on a voluntary basis even if the person directly or indirectly takes or agrees to take —

            (a)         an honorarium; or

            (b)         a gratuity; or

            (c)         a similar payment,

                wholly or partly for carrying out the activity.

        (3)         The Governor may make regulations concerning compensation and insurance of volunteers carrying out prescribed emergency activities.

        (4)         Regulations made under this section may require an emergency management agency to take out and keep current in accordance with the regulations a policy of insurance that insures volunteers for compensation for injury caused to them while they are engaged in carrying out prescribed emergency activities.

        (5)         Without limiting subsections (3) and (4), regulations made under this section may —

            (a)         provide for the compensation that is payable for injury caused to a volunteer and the circumstances in which the compensation is payable; and

            (b)         prescribe the terms and conditions on and subject to which insurance is to be provided, including the amounts of insurance cover to be taken out and kept current; and

            (c)         prescribe classes or categories of volunteers to which specified provisions or obligations under the regulations apply or do not apply; and

            (d)         prescribe classes or categories of emergency management agencies to which specified provisions or obligations under the regulations apply or do not apply; and

            (e)         provide for circumstances in which emergency management agencies are exempt from the regulations; and

            (f)         prescribe a penalty of not more than $50 000 for an offence against the regulations, with or without a penalty for each separate and further offence committed under the Interpretation Act 1984 section 71 of not more than $5 000.

        [Section 101: modified by section 77X(1).]