Part 5 Disaster welfare assistance
(1) In this Part:disaster means an occurrence, whether or not due to natural causes, that causes loss of life, injury, distress or danger to persons or loss of, or damage to, property.
disaster victim means a person who is in need or distress, or whose property is lost or damaged, as a result of a disaster.
private disaster relief fund means a fund raised by or resulting from an appeal for support for the purpose of assisting persons who are or may become disaster victims and includes any investments made out of money in such a fund, but does not include the Community Disaster Relief Fund.
(2) A reference in this Part to a particular disaster includes a reference to a particular kind of disaster.(3) (Repealed)
(1) The Minister may, by order in writing, declare a disaster to be a disaster to which section 38 applies.(2) The Minister shall not make such an order unless satisfied that the disaster is of such a nature as to warrant its being treated as a disaster to which section 38 applies.(3) The Minister shall, as soon as practicable after making such an order, cause a copy of the order to be published in the Gazette.
38 Co-ordination of welfare services for victims of declared disasters
(1) The Director-General may, in accordance with any directions given by the Minister, take such steps as the Director-General thinks fit for the purpose of co-ordinating the provision of community welfare services for disaster victims of a disaster declared under section 37A.(2) The Director-General shall not exercise any functions under subsection (1) in a manner inconsistent with any of the provisions of the State Emergency and Rescue Management Act 1989.
38A Financial and other assistance to disaster victims
(1) The Director-General may, in accordance with any directions given by the Minister, provide assistance (including financial assistance out of money to be provided by Parliament) to:(a) disaster victims, and(b) approved non-Government organisations whose objects are or include the provision of assistance to disaster victims.(2) Nothing in this section limits the operation of Part 4.
39 Community Disaster Relief Fund
(1) There shall be established by the Director-General a fund to be called the “Community Disaster Relief Fund”.(2) The Community Disaster Relief Fund shall consist of:(a) any money paid to the Director-General by any person for the relief of disaster victims generally or disaster victims of a particular disaster specified by the person making the payment, and(b) any fund transferred to or vested in the Director-General under section 41.
40 Application of Community Disaster Relief Fund
(1) The Community Disaster Relief Fund:(a) to the extent to which it represents:(i) money paid to the Director-General under section 39 (2) (a) for the relief of disaster victims of a particular disaster, or(ii) a private disaster relief fund raised by or resulting from an appeal for support for the purpose of assisting persons who are or may become disaster victims as a result of a particular disaster,shall, so far as it is practicable in the opinion of the Director-General to do so, be applied for the purpose of assisting disaster victims of that disaster, or(b) except as provided by paragraph (a), shall be applied:(i) for the purpose of assisting disaster victims of any disaster,(ii) for the purpose of acquiring stores and equipment to be used for the purpose of assisting victims of future disasters, or(iii) for the purpose of planning, and training persons, to cope with the effects of disasters.(2) Any payments from the Community Disaster Relief Fund may be made directly for any purpose referred to in subsection (1) or to approved non-Government organisations for any such purpose.
41 Transfer of private disaster relief funds to Community Disaster Relief Fund
(1) Any person in whom a private disaster relief fund is vested may transfer that fund to the Director-General to form part of the Community Disaster Relief Fund.(2) Where the Governor is satisfied that:(a) a fund is a private disaster relief fund established in respect of a particular disaster,(b) no payment has been made from the fund for a period of one year or more to a disaster victim of that disaster, and(c) the fund is not likely to be applied for making payments to disaster victims of that disaster,the Governor may, by order published in the Gazette, vest the fund in the Director-General to form part of the Community Disaster Relief Fund.(3) A fund may be transferred to the Director-General under subsection (1) notwithstanding any trust on which it is held.(4) A fund transferred to the Director-General under subsection (1), or vested in the Director-General under subsection (2), shall be held by the Director-General freed and discharged from any trust to which it was subject immediately before the transfer or vesting.
42 Investment of Community Disaster Relief Fund
(1) Money in the Community Disaster Relief Fund may be invested in any investment authorised for the time being by the Trustee Act 1925.(2) The Director-General may make arrangements with the NSW Trustee and Guardian for the management of the Community Disaster Relief Fund.