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EMERGENCY MANAGEMENT ACT 2005 - SECT 91

EMERGENCY MANAGEMENT ACT 2005 - SECT 91

91 .         Terms used

        (1)         In this Part —

        employee has the meaning given to that term in the Industrial Relations Act 1979 ;

        employer has the meaning given to that term in the Industrial Relations Act 1979 .

        (2)         For the purposes of this Part —

            (a)         an employee carries out an emergency management response if —

                  (i)         the employee undertakes an activity that involves responding to an emergency; and

                  (ii)         the employee carries out the activity on a voluntary basis; and

                  (iii)         the employee is a member of, or has a member-like association with, an emergency management agency; and

                  (iv)         the employee was requested by or on behalf of the emergency management agency to carry out the activity or 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;

                and

            (b)         an employee does not carry out an emergency management response if the activity involves prevention of, preparedness for, or recovery from, an emergency.

        (3)         For the purposes of subsection (2)(a)(ii) an employee carries out an activity on a voluntary basis even if the employee 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.