Part 2 State emergency management
Division 1 Emergency management at State level
Subdivision 1 The Minister and the State Disasters Council
(1) The Minister is responsible for:(a) ensuring that adequate measures are taken by government agencies to prevent, prepare for, respond to and assist recovery from emergencies, and(b) co-ordinating the activities of government agencies in taking those measures, and(c) approving the State Emergency Management Plan or any alterations to the State Emergency Management Plan.(2) In discharging any one or more of those responsibilities, the Minister may, on any occasion that the Minister thinks appropriate, call meetings of, consult with, and have regard to the advice of, the State Disasters Council.(3) The following are, in the exercise of their functions under this Act, subject to the control and direction of the Minister:(a) the State Emergency Management Committee,(b) the State Emergency Operations Controller,(c) the State Emergency Recovery Controller.(4) The Minister may delegate to the State Emergency Operations Controller, State Emergency Recovery Controller or other person the Minister’s functions under this Act, other than:(a) the Minister’s functions under this section, and(b) this power of delegation.
(1) There is established by this Act a State Disasters Council.(2) The function of the Council is to advise the Minister on all matters relating to the prevention of, preparation for, response to and recovery from emergencies (including the co-ordination of the activities of government and non-government agencies in connection with those matters).(3) The Council is to consist of:(a) the Minister, who is to be the Chairperson of the Council, and(b) the State Emergency Operations Controller, and(b1) (Repealed)(b2) the State Emergency Recovery Controller, and(c) representatives of such relevant government and non-government agencies as the Minister may from time to time determine.(4) The representative of a government agency is to be nominated by the Minister responsible for the agency and the representative of a non-government agency is to be nominated by the agency.(4A) The Minister may, but is not required to, appoint the person holding office as the Chairperson of the State Emergency Management Committee as a member of the State Disasters Council.(5) Schedule 2 has effect with respect to the members and procedure of the Council.
Subdivision 2 The State Emergency Management Plan
12 State Emergency Management Plan
(1) There is to be a State Emergency Management Plan.(2) The object of the State Emergency Management Plan is to ensure the co-ordinated response to emergencies by all agencies having responsibilities and functions in emergencies.(3) The State Emergency Management Plan is to:(a) identify, in relation to each different form of emergency, the combat agency primarily responsible for controlling the response to the emergency, and(b) provide for the co-ordination of the activities of other agencies in support of a combat agency in the event of an emergency, and(c) specify the tasks to be performed by all agencies in the event of an emergency, and(d) specify the responsibilities of the Minister, the State, Regional or Local Emergency Operations Controller and the State Emergency Recovery Controller.(4) As soon as practicable after the Minister approves the State Emergency Management Plan or any alterations to the State Emergency Management Plan, the Chief Executive, Emergency Services must:(a) publish (in such manner as the Chief Executive determines) a copy of the State Emergency Management Plan or the alterations to the State Emergency Management Plan, and(b) forward a copy of the State Emergency Management Plan or the alterations to the State Emergency Management Plan to each agency to which the State Emergency Management Plan relates.
13 Operation of State Emergency Management Plan
(1) The relevant provisions of the State Emergency Management Plan have effect in the event of an emergency.(2) The State Emergency Management Plan has effect in the event of an emergency whether or not a state of emergency has been declared.(3) Agencies are authorised to undertake their responsibilities and functions under the State Emergency Management Plan in the event of an emergency. Government agencies may be required to do so by the Minister.(4) Any question concerning the application or operation of the State Emergency Management Plan may be referred to and determined by the Minister.(5) This section does not authorise or require any act or omission that is inconsistent with this or any other Act.
Subdivision 3 The State Emergency Management Committee
14 State Emergency Management Committee
(1) There is established by this Act a State Emergency Management Committee.(2) The Committee is to consist of:(a) the State Emergency Operations Controller, and(a1) the State Emergency Recovery Controller, and(b) representatives of such relevant government and non-government agencies as the Minister may from time to time determine, and(c) such other persons as may be nominated by the Minister from time to time.(2A) One of the members of the Committee is to be appointed by the Minister as the Chairperson of the Committee.(3) The representative of a non-government agency is to be nominated by the Minister and the representative of a government agency is to be nominated by the Minister responsible for the agency.(4) The persons so nominated are to be persons who have authority to plan and commit their agencies’ resources in relation to the response and recovery stages of an emergency.(5) Schedule 2 has effect with respect to the members and procedure of the State Emergency Management Committee.
15 Functions of State Emergency Management Committee
The State Emergency Management Committee has the following functions:(a) to review, monitor and advise the Minister on the adequacy of the provisions of this Act relating to emergency management,(b) to provide strategic policy advice to the Minister in relation to emergency management,(c) to review, monitor and develop emergency management policy and practice at a State level and to disseminate information in relation to any such policy and practice,(d) to review the State Emergency Management Plan and to recommend alterations to it,(e) to endorse any subplans or supporting plans established under the State Emergency Management Plan,(f) to facilitate strategic State level emergency management capability through inter-agency co-ordination, co-operation and information sharing arrangements,(g) such other functions as are conferred or imposed on the Committee by or under this Act or as are related to this Act and assigned to the Committee from time to time by the Minister.
16 Functional area sub-committees of State Emergency Management Committee
(1) The State Emergency Management Committee is required to establish such sub-committees as the Minister directs in connection with functional areas.(2) A sub-committee established for a functional area is to co-ordinate the provision of functional area support for activities carried out to prevent, prepare for, respond to or recover from an emergency.
17 Annual report by State Emergency Management Committee
(1) As soon as practicable after 30 June, but on or before 31 December in each year, the Chief Executive, Emergency Services is to provide the Minister with a report approved by the State Emergency Management Committee on the work and activities of the Committee for the 12 months ending on 30 June in that year.(2) The Minister is to lay any such report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.
Subdivision 4 The State Emergency Operations Controller
18 State Emergency Operations Controller and Deputy
(1) There is to be a State Emergency Operations Controller and a Deputy State Emergency Operations Controller.(2) The office of the State Emergency Operations Controller is to be held by:(a) the Commissioner of Police, or(b) if the Governor, on the recommendation of the Minister, designates a position in the NSW Police Force Senior Executive Service as the position of State Emergency Operations Controller—the person for the time being holding or acting in that position.(3) The office of the Deputy State Emergency Operations Controller is to be held by the person for the time being holding or acting in a position in the NSW Police Force Senior Executive Service that is designated by the Governor, on the recommendation of the Minister, as the position of Deputy State Emergency Operations Controller.(4) The Minister is to consult with the Minister for Police before making a recommendation under subsection (2) or (3).(5) During the absence or a vacancy in the office of the State Emergency Operations Controller, the Deputy State Emergency Operations Controller has all the functions of the State Emergency Operations Controller.
19 Responsibility and functions of State Emergency Operations Controller
(1) The State Emergency Operations Controller is, subject to this section, responsible for controlling in accordance with this Act the response to an emergency:(a) that affects more than one region, or(b) for which the State Emergency Operations Controller assumes responsibility.(1A) The State Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under the State Emergency Management Plan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B).(1B) The State Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under the State Emergency Management Plan if:(a) the Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and(b) the combat agency has requested that the Controller assume, or has agreed to the Controller assuming, that responsibility or, in the case of any disagreement on the matter, the Minister has directed the Controller to do so.(2) The State Emergency Operations Controller may, if responsible for controlling the response to an emergency:(a) issue directions to agencies who have functions in connection with responses to the emergency, and(b) appoint an officer of an agency to have overall control of particular activities in response to the emergency where a number of agencies are involved and those agencies do not agree on the matter.(2A) The State Emergency Operations Controller may, at the request of the combat agency that is primarily responsible for controlling the response to an emergency, carry out such functions as may be specified by the agency for the purposes of controlling the response to the emergency.(3) The functions of the State Emergency Operations Controller may be exercised without the need for a declaration of a state of emergency, but during a state of emergency the exercise of those functions is subject to Division 4.
20 State emergency operations centre
(1) The State Emergency Operations Controller is to establish and control a State emergency operations centre.(2) The State emergency operations centre is to have:(a) communication facilities for independent control and co-ordination of regions, and(b) discrete communication facilities with heads of emergency services organisations and functional areas, and(c) independent communications with the public broadcasting media network, and(d) independent media information facilities.(3) (Repealed)
Subdivision 5 The State Emergency Recovery Controller
20A State Emergency Recovery Controller and Deputy
(1) There is to be a State Emergency Recovery Controller and a Deputy State Emergency Recovery Controller.(2) The office of the State Emergency Recovery Controller is to be held by the person for the time being holding or acting in the position of the Chief Executive, Emergency Services.(3) The office of the Deputy State Emergency Recovery Controller is to be held by the person for the time being holding or acting in a senior position in the Government Service that is designated by the Minister as the Deputy State Emergency Recovery Controller.(4) During the absence or a vacancy in the office of the State Emergency Recovery Controller, the Deputy State Emergency Recovery Controller has all of the functions of the State Emergency Recovery Controller.(5) A senior position in the Government Service is:(a) a position of senior executive officer (within the meaning of the Public Sector Employment and Management Act 2002), or(b) a position in the Public Service for which the rate of salary or wages payable to the person exceeds the maximum rate payable for Grade 12, Administrative and Clerical Division, of the Public Service.
20B Responsibility and functions of State Emergency Recovery Controller
(1) The State Emergency Recovery Controller is, subject to this section, responsible for controlling in accordance with this Act the recovery from an emergency:(a) that affects more than one region, or(b) for which the State Emergency Recovery Controller assumes responsibility.(2) The State Emergency Recovery Controller is not responsible for controlling the recovery from an emergency if there is a single recovery agency primarily responsible under the State Emergency Management Plan for controlling the recovery from the emergency, unless the Controller assumes that responsibility in accordance with subsection (3).(3) The State Emergency Recovery Controller may assume responsibility for controlling the recovery from an emergency from the recovery agency primarily so responsible under the State Emergency Management Plan if:(a) the Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and(b) the recovery agency has requested that the Controller assume, or has agreed to the Controller assuming, that responsibility or, in the case of any disagreement on the matter, the Minister has directed the Controller to do so.(4) The State Emergency Recovery Controller may, if responsible for controlling the recovery from an emergency:(a) issue directions to agencies who have functions in connection with recovery from an emergency, and(b) appoint an officer of an agency to have overall control of particular activities in recovery from an emergency where a number of agencies are involved and those agencies do not agree on the matter.(5) The State Emergency Recovery Controller may assist a recovery agency that is primarily responsible for controlling the recovery from an emergency in carrying out that responsibility.(6) The functions of the State Emergency Recovery Controller may be exercised without the need for a declaration of a state of emergency.
Division 2 Emergency management at region level
(1) For the purposes of this Act, the State is divided into such regions as the Minister may determine by order published in the Gazette.(2) Any such order may describe the boundaries of a region by reference to local government areas, maps or otherwise.
22 Regional Emergency Management Committees
(1) There is established by this Act a Regional Emergency Management Committee for each region.(2) Each such Committee is to consist of:(a) the Regional Emergency Operations Controller for the relevant region, who is to be the Chairperson of the Committee, and(b) the Chairperson of the Local Emergency Management Committee for each local government area within the relevant region, and(c) a senior representative of each emergency services organisation operating in the relevant region, and(d) a representative of each organisation that:(i) provides services in a functional area or areas in the relevant region, and(ii) the Minister determines from time to time is to be represented on the Committee.(3) The representative of an emergency services organisation is to be nominated by the organisation. The representative of an organisation providing services in a functional area is to be nominated in accordance with arrangements determined by the Minister.(4) (Repealed)(5) Schedule 2 has effect with respect to the members and procedure of a Regional Emergency Management Committee.
23 Functions of Regional Emergency Management Committees
(1) A Regional Emergency Management Committee is responsible for preparing and reviewing plans in relation to the prevention of, preparation for, response to and recovery from emergencies in the region for which it is constituted.(1A) Without limiting subsection (1), any such Committee may:(a) review and monitor emergency management policy and practice across the region, andNote. The State Emergency Management Committee is responsible for reviewing, monitoring and developing emergency management policy and practice at a State level and for disseminating information about that policy and practice, including to Regional and Local Emergency Management Committees.(b) review and prepare plans in respect of the region that are, or are proposed to be, subplans or supporting plans established under the State Emergency Management Plan, and(c) make recommendations about and assist in the co-ordination of training in relation to emergency management across the region, and(d) develop, conduct and evaluate regional emergency management training exercises, and(e) facilitate regional level emergency management capability through inter-agency co-ordination, co-operation and information sharing arrangements, and(f) assist the Regional Emergency Operations Controller for the relevant region in the Controller’s role under section 25, and(g) carry out such other functions as are:(i) related to this Act, and(ii) assigned to the Committee (or to Regional Emergency Management Committees generally) from time to time by the State Emergency Management Committee.(2) In the exercise of its functions, any such Committee is responsible to the State Emergency Management Committee.
24 Regional Emergency Operations Controller
(1) The Commissioner of Police is to appoint a Regional Emergency Operations Controller for each region who is to be a police officer holding the position of Region Commander.(2) A Regional Emergency Operations Controller may appoint as his or her deputy a person who is:(a) a police officer of or above the rank of Superintendent, and(b) in the opinion of the Regional Emergency Operations Controller, experienced in emergency management.(3) During the absence, or a vacancy in the office, of a Regional Emergency Operations Controller, the Regional Emergency Operations Controller’s deputy has all the functions of the Regional Emergency Operations Controller under this Act.
25 Functions of Regional Emergency Operations Controller
(1) The Regional Emergency Operations Controller for a region is, subject to this section, responsible for controlling in accordance with this Act the response to an emergency:(a) that affects more than one local government area in the region, or(b) for which the Regional Emergency Operations Controller assumes responsibility.(1A) The Regional Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under the State Emergency Management Plan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B).(1B) The Regional Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under the State Emergency Management Plan if:(a) the State Emergency Operations Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and(b) the combat agency has requested or agreed to the Regional Emergency Operations Controller assuming that responsibility.(1C) The Regional Emergency Operations Controller is not responsible for controlling the response to an emergency for which the State Emergency Operations Controller has assumed responsibility.(2) The Regional Emergency Operations Controller may, if responsible for controlling the response to an emergency, issue directions to agencies who have functions in connection with responses to the emergency.(2A) The Regional Emergency Operations Controller may, at the request of the combat agency that is primarily responsible for controlling the response to an emergency, carry out such functions as may be specified by the agency for the purposes of controlling the response to the emergency.(3) The functions of the Regional Emergency Operations Controller may be exercised without the need for a declaration of a state of emergency, but during a state of emergency the exercise of those functions is subject to Division 4.(4) The Regional Emergency Operations Controller is to establish and control a regional emergency operations centre.(5) The Regional Emergency Operations Controller is subject to the direction of the State Emergency Operations Controller.
26 NSW Police Force to provide executive support for Regional Emergency Management Committee and Operations Controller
(1) The NSW Police Force is to provide executive support facilities for each Regional Emergency Management Committee and Regional Emergency Operations Controller in the region concerned.(2) (Repealed)
Division 3 Emergency management at local level
27 Combination of local government areas
If the councils of 2 or more local government areas agree (with the approval of the Minister) to combine their emergency management arrangements under this Part, a reference in this Part:(a) to a local government area is a reference to the combined local government areas concerned, and(b) to the council of that combined local government area is a reference to the principal council nominated in the agreement.
28 Local Emergency Management Committees
(1) There is established by this Act a Local Emergency Management Committee for each local government area.(2) Each such Committee is to consist of:(a) the General Manager of the council of the relevant local government area, who is to be the Chairperson of the Committee, and(b) a senior representative of each emergency services organisation operating in the relevant local government area, and(c) a representative of each organisation that:(i) provides services in a functional area or areas in the relevant local government area, and(ii) the council of that area determines from time to time is to be represented on the Committee, and(d) the Local Emergency Operations Controller for the relevant local government area.(3), (4) (Repealed)(5) The representative of an organisation is to be nominated by the organisation.(6) (Repealed)(7) Schedule 2 has effect with respect to the members and procedure of a Local Emergency Management Committee.
29 Functions of Local Emergency Management Committees
(1) A Local Emergency Management Committee is responsible for the preparation and review of plans in relation to the prevention of, preparation for, response to and recovery from emergencies in the local government area for which it is constituted.(1A) Without limiting subsection (1), any such Committee may:(a) give effect to and carry out emergency management policy and practice, consistent with information on that policy and practice disseminated by the State Emergency Management Committee, and(b) review and prepare plans in respect of the relevant local government area that are, or are proposed to be, subplans or supporting plans established under the State Emergency Management Plan, and(c) make recommendations about and assist in the co-ordination of training in relation to emergency management in the relevant local government area, and(d) develop, conduct and evaluate local emergency management training exercises, and(e) facilitate local level emergency management capability through inter-agency co-ordination, co-operation and information sharing arrangements, and(f) assist the Local Emergency Operations Controller for the relevant local government area in the Controller’s role under section 31, and(g) such other functions as are:(i) related to this Act, and(ii) assigned to the Committee (or to Local Emergency Management Committees generally) from time to time by the relevant Regional Emergency Management Committee or by the State Emergency Management Committee.(2) In the exercise of its functions, any such Committee is responsible to the relevant Regional Emergency Management Committee.
30 Local Emergency Operations Controller
(1) The Regional Emergency Operations Controller is to appoint a Local Emergency Operations Controller for each local government area.(2) The person appointed:(a) must be a police officer stationed within the region (established under section 21) in which the local government area is located, or, if that is not reasonably practicable, within a region that is, in the opinion of the Regional Emergency Operations Controller, nearby, and(b) must be a person who, in the opinion of the Regional Emergency Operations Controller, has experience in emergency management.(3) (Repealed)
31 Functions of Local Emergency Operations Controller
(1) The Local Emergency Operations Controller for an area is, subject to this section, responsible for controlling in accordance with this Act the response to an emergency that affects only that area.(1A) The Local Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under the State Emergency Management Plan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B).(1B) The Local Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under the State Emergency Management Plan if:(a) the State Emergency Operations Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and(b) the combat agency has requested or agreed to the Local Emergency Operations Controller assuming that responsibility.(1C) The Local Emergency Operations Controller is not responsible for controlling the response to an emergency for which the State or Regional Emergency Operations Controller has assumed responsibility.(2) The Local Emergency Operations Controller may, if responsible for controlling the response to an emergency, issue directions to agencies who have functions in connection with responses to the emergency.(2A) The Local Emergency Operations Controller may, at the request of the combat agency that is primarily responsible for controlling the response to an emergency, carry out such functions as may be specified by the agency for the purposes of controlling the response to the emergency.(3) The functions of the Local Emergency Operations Controller may be exercised without the need for a declaration of a state of emergency, but during a state of emergency the exercise of those functions is subject to Division 4.(4) The Local Emergency Operations Controller is to establish and control a local emergency operations centre.(5) The Local Emergency Operations Controller is subject to the direction of the relevant Regional Emergency Operations Controller.
32 Councils to provide executive support for Local Emergency Management Committee and Operations Controller
(1) A council is to provide executive support facilities for the Local Emergency Management Committee and the Local Emergency Operations Controller in its area.(2) (Repealed)
In this Division:emergency area means the area in which a state of emergency is declared to exist.
emergency services officer means any of the following:
(a) a police officer,(b) an officer of Fire and Rescue NSW of or above the position of station commander,(c) an officer of the State Emergency Service of or above the position of unit controller,(d) a member of a rural fire brigade of or above the position of deputy captain,(e) a Regional Emergency Management Officer,(f) a member of the Ambulance Service of NSW of or above the rank of station officer.premises includes land, place, building, vehicle, vessel or aircraft, or any part of premises.
33 Declaration of state of emergency
(1) If the Premier is satisfied that an emergency constitutes a significant and widespread danger to life or property in New South Wales, the Premier may, by order in writing, declare that a state of emergency exists in the whole, or in any specified part or parts, of New South Wales in relation to that emergency.(2) The Premier may, by order in writing, revoke a declaration of a state of emergency at any time.
As soon as practicable after making or revoking a declaration of a state of emergency, the Premier must:(a) cause notice of the declaration or revocation to be broadcast by a television or radio station in the State, and(b) cause a copy of the relevant order to be published in the Gazette or on the NSW legislation website.
35 Duration of state of emergency
(1) An order declaring a state of emergency has effect immediately on its being made.(2) Unless it is sooner revoked, the declaration of a state of emergency remains in force for such period (not exceeding 30 days) as is specified in the declaration.(3) The declaration of a state of emergency does not prevent the declaration of further states of emergencies in relation to the same or a different emergency.
36 Power to direct government agencies etc during state of emergency
(1) In a state of emergency, the Minister is responsible for controlling and co-ordinating the activities of such government agencies, and the allocation of such available resources of the Government, as the Minister considers necessary or desirable for responding to the emergency.(2) For that purpose, the Minister may direct any government agency to do or refrain from doing any act, or to exercise or refrain from exercising any function.(3) If a direction is given to a government agency under this section:(a) the government agency must comply with the direction, and(b) the direction prevails over anything to the contrary in any Act or law, except the Essential Services Act 1988.
37 Power to evacuate or to take other steps concerning persons
(1) The Minister may, if satisfied that it is necessary or convenient to do so for the purpose of responding to an emergency, direct, or authorise an emergency services officer to direct, a person to do any or all of the following:(a) to leave any particular premises and to move out of an emergency area or any part of an emergency area,(b) to take any children or adults present in any particular premises who are in the person’s care and to move them outside the emergency area or any part of the emergency area,(c) not to enter the emergency area or any part of the emergency area.(2) If the person does not comply with the direction, an emergency services officer may do all such things as are reasonably necessary to ensure compliance with it, using such force as is reasonably necessary in the circumstances.(3) The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.(4) (Repealed)
37A Powers to take other safety measures
(1) The Minister may, if satisfied that there are reasonable grounds for so doing for the purpose of protecting persons or animals from injury or death or protecting property in a state of emergency, direct, or authorise an emergency services officer to direct, the doing of any one or more of the following:(a) the closure to traffic of any street, road, lane, thoroughfare or footpath or place open to or used by the public, in an emergency area or any part of an emergency area,(b) the closure of any other public or private place in an emergency area or any part of an emergency area,(c) the pulling down, destruction or shoring up of any wall or premises that have been damaged or rendered insecure in an emergency area or any part of an emergency area,(d) the shutting off or disconnecting of the supply of any water, gas, liquid, solid, grain, powder or other substance in or from any main, pipeline, container or storage facility in an emergency area or any part of an emergency area,(e) the shutting off or disconnecting of the supply of gas or electricity to any premises in an emergency area or any part of an emergency area,(f) the taking possession of, and removal or destruction of any material or thing in an emergency area or any part of an emergency area that may be dangerous to life or property or that may interfere with the response of emergency services to the emergency.(2) The cost of taking action under subsection (1) (c) is to be borne by the owner of the wall or premises and is to be paid to, and may be recovered in a court of competent jurisdiction by, the Minister for reimbursement of the costs of the emergency services organisation of pulling down, destroying or shoring up the wall or premises concerned.(3) For the purposes of the exercise of a function under subsection (1) (d), the Minister or an emergency services officer may require the person who controls or supplies the substance concerned to immediately send some competent person to the scene for the purpose of shutting it off or disconnecting it in accordance with the reasonable directions of the Minister or emergency services officer.(4) A person must comply with a requirement, or directions, under subsection (3).Maximum penalty: 50 penalty units.
(5) A person who supplies a substance referred to in subsection (1) (d) or (e) is not liable for any damages because of any interruption of that supply under this section if the supply is shut off or disconnected in accordance with the directions of the Minister or emergency services officer.(6) The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.
A person may enter any premises for the purposes of complying with a direction under section 37A (1).
(1) A person authorised to enter premises may enter the premises without giving notice:(a) if entry to the premises is made with the consent of the owner or occupier, or(b) if the entry is made to a part of the premises that is open to the public, or(c) if entry is required urgently and the case is one in which the Minister or the emergency services officer giving the direction has authorised in writing (either generally or in a particular case) entry without notice.(2) In any other case, the person must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.
In the exercise of a function under section 37A, a person authorised to enter premises must do as little damage as possible.
(1) Reasonable force may be used for the purpose of gaining entry to premises to comply with a direction under section 37A but only if the Minister:(a) has authorised in writing the use of force in the particular case, or(b) has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances.(2) If a person authorised to enter premises uses force to do so, the person must, as soon as practicable, inform the person who directed him or her to exercise the function under section 37A.(3) The person so informed of the use of force must give notice of the use of force to such persons or authorities as appear to the person to be appropriate in the circumstances.(4) If a person’s property is damaged by the exercise of a right of entry, the person is to receive such compensation as may be determined by the Minister or, if the damage arose as the result of the exercise of a right of entry by a police officer, the Minister for Police, but is not entitled to receive compensation.(5) A person may apply to the Premier for a review of a determination as to compensation made by the Minister or the Minister for Police under this section.
37F Authority to enter premises
(1) A power conferred to enter premises, or to take action on premises, may not be exercised unless the person proposing to exercise the power is in possession of an authority and produces the authority if required to do so by the owner or occupier of the premises.(2) The authority must be a written authority that:(a) states that it is issued under this Act, and(b) gives the name of the person to whom it is issued, and(c) describes the nature of the powers conferred and the source of the powers, and(d) states the date (if any) on which it expires, and(e) describes the kind of premises to which the power extends, and(f) bears the signature of the Minister or the emergency services officer who issued the direction under section 37A.(3) However, despite subsections (1) and (2), a police officer exercising a power to enter premises, or to take action on premises, must produce his or her warrant card if required to do so by the owner or occupier of the premises in lieu of an authority.
38 Power to take possession of property
(1) In a state of emergency, the Minister may, for the purposes of responding to the emergency, take possession and make use of any person’s property.(2) If the property of a person is taken or used under this section that person is to receive such compensation as may be determined by the Minister, but is not entitled to receive compensation.(3) Any such person may apply to the Premier for a review of any determination as to compensation made by the Minister under this section.
39 Limitation on operation of this Division
The functions of the Minister under this Division are only exercisable in relation to:(a) a part of the State in which a state of emergency exists, and(b) an emergency in respect of which a state of emergency exists.
40 Offence to obstruct Minister or emergency personnel
A person must not obstruct or hinder the Minister, or any other person acting with the authority of the Minister, in the exercise of a function under this Division.Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
41 Exculpation from liability during state of emergency
A person may not bring proceedings against the Crown, a Minister or any body or person acting in the execution of this Division for any damage, loss, death or injury sustained because of anything done or omitted to be done in good faith under this Division during a state of emergency.