STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989

New South Wales Consolidated Acts

- As at 14 April 2008
- Act 165 of 1989

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Name of Act
2. Commencement
3. Definitions
4. Definition of “emergency”
5. Stages of emergency
6. Relationship between Part 2 (State emergency management) and Part 3 (State rescue management)
7. Limitation on operation of Act-industrial disputes and civil disturbances
8. Operation of Act in relation to civil defence
9. Act binds the Crown

PART 2 - STATE EMERGENCY MANAGEMENT

Division 1 - Emergency management at State level

Subdivision 1 - The Minister and the State Disasters Council

10. Minister
11. State Disasters Council

Subdivision 2 - The State Disaster Plan

12. State Disaster Plan
13. Operation of State Disaster Plan

Subdivision 3 - The State Emergency Management Committee

14. State Emergency Management Committee
15. Responsibility and functions of State Emergency Management Committee
16. Functional area sub-committees of State Emergency Management Committee
17. Annual report by State Emergency Management Committee

Subdivision 4 - The State Emergency Operations Controller

18. State Emergency Operations Controller
19. Responsibility and functions of State Emergency Operations Controller
20. State emergency operations centre

Division 2 - Emergency management at district level

21. Establishment of districts
22. District Emergency Management Committees
23. Functions of District Emergency Management Committees
24. District Emergency Operations Controller
25. Functions of District Emergency Operations Controller
26. NSW Police Force to provide executive support for District Emergency Management Committee and Operations Controller

Division 3 - Emergency management at local level

27. Combination of local government areas
28. Local Emergency Management Committees
29. Functions of Local Emergency Management Committees
30. Local Emergency Operations Controller
31. Functions of Local Emergency Operations Controller
32. Councils to provide executive support for Local Emergency Management Committee and Operations Controller

Division 4 - State of emergency

32A. Definitions
33. Declaration of state of emergency
34. Publication of declaration
35. Duration of state of emergency
36. Power to direct government agencies etc during state of emergency
37. Power to evacuate or to take other steps concerning persons
37A. Powers to take other safety measures
37B. Power to enter premises
37C. Notice of entry
37D. Care to be taken
37E. Use of force
37F. Authority to enter premises
38. Power to take possession of property
39. Limitation on operation of this Division
40. Offence to obstruct Minister or emergency personnel
41. Exculpation from liability during state of emergency

PART 3 - STATE RESCUE MANAGEMENT

Division 1 - State Rescue Board

42. Constitution of Board
43. Composition of Board
44. Provisions relating to members and procedure of Board
45. Board subject to Ministerial control
46. (Repealed)

Division 2 - Functions of State Rescue Board

47. Principal function of Board
48. Particular duties of Board
48A. District and local rescue committees
49. Board’s decisions to be implemented by rescue agencies
49A. Annual report by Board

Division 3 - Police control of rescue operations etc

50. Police at scene to co-ordinate etc rescue operation
51. Notification of rescue incidents to police

Division 4 - Accreditation of rescue units

52. Definitions
53. Offence to operate rescue unit or rescue vehicle without accreditation
54. Accreditation of rescue units by Minister
55. Limitation on accreditation
56. Duration of accreditation
57. Register of personnel of rescue units

Division 5 - General provisions

58. Arrangements for inter-State co-operation in rescue
59. Liability for actions of members of rescue units and volunteers
60. Financial assistance to volunteer rescue agencies

PART 3A - EMPLOYMENT PROTECTION FOR VOLUNTEER EMERGENCY WORKERS

60A. Definitions
60B. Employees taking part in emergency operations protected from victimisation
60C. What constitutes victimisation of employees
60D. Order of the Premier applying Part to emergency operations
60E. Onus of proof on employer in certain circumstances
60F. Orders ancillary to conviction
60G. What constitutes “taking part in” emergency operations
60H. Certificate evidence that employee took part in emergency operations
60I. Part does not affect other remedies available to employee
60J. No contracting out
60K. Industrial dispute does not prevent operation of Part

PART 4 - MISCELLANEOUS

60KA. Definitions
60L. Power of police to evacuate or to take other steps concerning persons
61. Power of police to take other safety measures
61A. Power to enter premises
61B. Notice of entry
61C. Care to be taken
61D. Use of force
61E. Police officer to produce warrant card if required
62. Personal liability of members of management organisations etc
62A. Certain damage to be covered by insurance
62B. Obstruction of members of rescue units
63. This Act not to limit other Acts or laws
63A. Staff
63B. Offences relating to emergency services organisations
64. Service of documents
65. Proof of certain matters not required
66. Proceedings for offences
67. Regulations
68. Savings, transitional and other provisions
69. (Repealed)
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4