Emergency Services Act 1976

Emergency Services Act 1976

An Act to make provision with respect to the protection of life and property from the effects of disaster and matters incidental thereto

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1.   Short title and commencement

(1)  This Act may be cited as the Emergency Services Act 1976 .

(2)  This Act shall commence on a day to be proclaimed.

2.   Interpretation

[Section 2 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 2 Amended by No. 111 of 1985, s. 2 ][Section 2 Amended by No. 55 of 1986, s. 3 ][Section 2 Amended by No. 46 of 1991, s. 5 and Sched. 3 ][Section 2 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –

body means a body corporate or unincorporate and includes a government department, instrumentality or agency, a public authority or a municipality;

civil defence means the measures necessary to protect the civilian population of the State from the effects of enemy attack or hostilities;

combined municipalities means the municipalities that have united with one another for counter-disaster purposes;

Committee means the State Disaster Committee established by section 6 ;

counter-disaster measures means the planning, organization, co-ordination, and implementation of measures that are necessary or desirable to prevent, minimize, or overcome the effects of a disaster upon members of the public or any property in Tasmania and includes the conduct of, or participation in, training for those purposes and civil defence measures necessary to combat the effects of any enemy attack or hostilities;

Director means the Director of Emergency Services and includes any person for the time being carrying out the duties of the Director;

disaster means any occurrence, including an attack directed against Tasmania, that –

(a) causes or threatens to cause –

(i) loss of life or property; or

(ii) injury to persons or property or distress to persons; or

(b) in any other way endangers the safety of the public –

protection against which –

(c) necessitates the augmenting of the normal resources of a statutory service; or

(d) is beyond the resources of the statutory services;

emergency means any situation in which a disaster appears likely to occur;

Executive means the State Disaster Executive established by section 9 ;

Local Co-ordinator means the person appointed under section 30 to carry out counter-disaster functions within a municipal area;

local emergency service means a volunteer element of the State Emergency Service established and maintained under section 32 by a municipality within its area or by combined municipalities within their combined areas;

[Section 2 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Ministerial Liaison Officer, Emergency Services means the State Service officer or State Service employee appointed to carry out the prescribed duties of that office;

municipality means a council;

region means a division of the State declared to be a region under section 13 ;

Region Disaster Controller means the officer of police appointed to that office under section 14 ;

resources includes any plant, vehicle, horse, or other animal, boat, aeroplane, apparatus, implement, earthmoving equipment, construction equipment, or other equipment of any kind, manpower, agency, authority, organization, or other requirement deemed necessary to counter the effects of disaster;

State Emergency Service means the body established by section 19 ;

state of alert means a state of alert declared under section 29 ;

state of disaster means a state of disaster declared under section 26 ;

state of emergency means a state of emergency declared under section 25 ;

statutory service means a body constituted under an Act or a Commonwealth Act –

(a) whose role usually includes counter-disaster operations; or

(b) which is, or may be, in a particular emergency or disaster, required to participate in counter-disaster operations.

3.   Non-application of Act

This Act does not authorize the taking of measures amounting to or making preparations for –

(a) actual combat against an enemy;

(b) the putting down of a riot or other civil disturbance; or

(c) the bringing to an end of a strike or lock-out.

4.   Provisions of this Act to prevail

Where a provision of this Act is inconsistent with a provision of any other Act, this Act shall prevail.

5.   Act binds Crown

This Act binds the Crown.

PART II - Administration

6.   State Disaster Committee; constitution of the Committee

(1)  There shall be a body called the State Disaster Committee.

(2)  [Section 6 Subsection (2) substituted by No. 111 of 1985, s. 4 ][Section 6 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 6 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The members of the Committee shall consist of the following persons:

(a) the Director, who shall be the chairman of the Committee;

(b) [Section 6 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] the Secretary of the responsible Department in relation to the State Service Act 2000 ;

(c) [Section 6 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] a person nominated by the Secretary of the responsible Department in relation to the State Service Act 2000 ;

(d) the Ministerial Liaison Officer, Emergency Services.

(3)  The Minister may from time to time, appoint as a member of the Committee for such period as he thinks fit the administrative head of any government department, instrumentality, statutory corporation, or other body.

(4)  [Section 6 Subsection (4) substituted by No. 111 of 1985, s. 4 ]A member of the Committee may authorize any other person who is employed, or holds office, in the same department, instrumentality, statutory corporation, or other body, as the member to attend a meeting of the Committee in his absence and act on his behalf.

(5)  [Section 6 Subsection (5) added by No. 111 of 1985, s. 4 ]A person authorized under subsection (4) to attend a meeting of the Committee shall, while so attending, be deemed for all purposes to be a member of the Committee.

7.   Functions of the Committee

[Section 7 Substituted by No. 111 of 1985, s. 5 ]The Committee shall perform the following functions:

(a) assist and advise the Director in the preparation of counter-disaster measures;

(b) examine and comment on other counter-disaster measures prepared under this Act;

(c) report to and advise the Minister on matters relating to the administration of this Act and, in particular, on problems relating to the preparation or implementation of counter-disaster measures.

8.   Proceedings of the Committee

The Committee shall meet as often as is necessary for the performance of its functions at such times and places as it thinks fit and shall conduct its business in the manner prescribed or, so far as not prescribed, as it determines from time to time.

9.   State Disaster Executive

[Section 9 Substituted by No. 111 of 1985, s. 6 ][Section 9 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]

(1)  [Section 9 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]For the purpose of carrying out counter-disaster measures in a state of emergency or disaster, there shall be a State Disaster Executive, which shall consist of –

(a) the Director, who shall be the Chairman of the Executive;

(b) [Section 9 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] the Secretary of the responsible Department in relation to the State Service Act 2000 ;

(c) [Section 9 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] a person nominated by the Secretary of the responsible Department in relation to the State Service Act 2000 ; and

(d) the Ministerial Liaison Officer, Emergency Services.

(2)  A member of the Executive may authorize any other person who is employed, or holds office in, the same department, instrumentality, statutory corporation, or other body, as the member to attend a meeting of the Executive in his absence and act on his behalf.

(3)  A person authorized under subsection (2) to attend a meeting of the Executive shall, while so doing, have all the powers, authorities, functions, duties, and immunities of a member of the Executive.

10.   Meetings of the Executive

The Executive shall meet as often as is necessary for the due performance of its functions at such times and places as it thinks fit and shall conduct its business in the manner prescribed or, so far as not prescribed, as it determines from time to time.

11.   Functions of Executive

[Section 11 Substituted by No. 111 of 1985, s. 7 ]The Executive shall institute and co-ordinate counter-disaster operations during a state of emergency or disaster.

12.   Duties of Director as executive officer

[Section 12 Amended by No. 111 of 1985, s. 8 ][Section 12 Amended by No. 55 of 1986, s. 6 and Sched. 1 ]The Director shall –

(a) assist and advise the Minister on all matters with respect to counter-disaster measures;

(b) be responsible to the Minister for the co-ordination and adequacy of counter-disaster measures;

(c) prior to, during, or subsequent to the occurrence of a disaster or an emergency translate to action instructions the decisions of the Executive and shall ensure that those instructions are transmitted to and carried out by the bodies to whom they are directed; and

(d) if it is made to appear to him that resources of the Commonwealth or of another State or Territory of the Commonwealth are necessary to make better provision for the relief of the effects of a disaster or an emergency, request the appropriate aid.

13.   Regions

For the purposes of the administration of this Act, the Governor, on the recommendation of the Minister, may by proclamation divide the State into 3 regions, limited as specified in the proclamation, to be known as the northern region, the north-west region, and the southern region, respectively.

14.   Region Disaster Controller

There shall be with respect to each region a Region Disaster Controller, who shall be an officer of police in that region appointed by the Minister on the recommendation of the Commissioner of Police.

15.   Region Disaster Planning Groups

[Section 15 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 15 Amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 15 Amended by No. 55 of 1986, s. 6 and Sched. 1 ]There shall be in respect of each region referred to in section 13 a Region Disaster Planning Group, which shall consist of –

(a) the Region Disaster Controller, who shall be the chairman of the Group;

(b) a senior urban fire brigade officer who shall be appointed by the State Fire Commission;

(c) a senior State Fire Commission officer representing country regional administration who shall be appointed by the State Fire Commission;

(d) a senior ambulance officer, who shall be appointed by the Director of Ambulance Services;

(e) [Section 15 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] a senior State Service officer or State Service employee who is to be appointed on the recommendation of the Executive;

(f) a person appointed by municipalities of the region, the appointment being determined by an election conducted in the prescribed manner;

(g) the Regional Officer of the State Emergency Service, who shall be the executive officer of the Group; and

(h) such other persons as the Region Disaster Controller may from time to time appoint as members of the Group for such periods as he thinks fit.

16.   Functions of Groups

The functions of a Region Disaster Planning Group are –

(a) to prepare counter-disaster plans for its region and to review them from time to time and to submit plans and reviewed plans to the Executive;

(b) to prepare and maintain up to date standing orders for counter-disaster purposes within the region; and

(c) to carry out such other functions as may be allocated from time to time by the Executive.

17.   Proceedings of Groups

A Region Disaster Planning Group shall meet as often as is necessary for the performance of its functions at such times and places as it thinks fit and shall conduct its business in the manner prescribed or, so far as not prescribed, as it determines from time to time.

18.   Power to delegate

(1)  [Section 18 Subsection (1) amended by No. 111 of 1985, s. 9 ]The Minister or Director, or a Region Disaster Controller may either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate to any person all or any of his powers, authorities, functions, and duties under this Act except this power of delegation.

(2)  A power, authority, function, or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation.

(3)  [Section 18 Subsection (3) amended by No. 111 of 1985, s. 9 ]A delegation may be made subject to such terms or limitations as the Minister or Director, or a Region Disaster Controller thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power, authority, function, or duty.

(4)  [Section 18 Subsection (4) amended by No. 111 of 1985, s. 9 ]The Minister or Director, or a Region Disaster Controller may make such and so many delegations of the same power, authority, function, or duty and to such number of persons as he considers necessary or desirable.

(5)  [Section 18 Subsection (5) amended by No. 111 of 1985, s. 9 ]A delegation is revocable at the will of the Minister or Director, or a Region Disaster Controller as the case may be and does not prevent the exercise of a power or authority or the performance of a function or duty by the Minister or Director, or a Region Disaster Controller.

(6)  [Section 18 Subsection (6) omitted by No. 111 of 1985, s. 9 ].  .  .  .  .  .  .  .  

PART III - State Emergency Service

19.   Establishment of State Emergency Service

(1)  There shall be established a body to be called the State Emergency Service.

(2)  The persons who at the commencement of this Act comprised the body called the Tasmanian State Emergency Service shall, subject to this Act, comprise the State Emergency Service.

20.   Director of Emergency Services and other officers

(1)  [Section 20 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ][Section 20 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Governor may appoint a person to be Director of Emergency Services and that person may hold that office in conjunction with any other appointment, position or office held by that person.

(2)  [Section 20 Subsection (2) inserted by No. 5 of 1990, s. 3 and Sched. 1 ]The person appointed under subsection (1) shall hold office for such period, and subject to such terms and conditions, as may be specified in the instrument of appointment and shall be paid such remuneration and allowances as may be so specified.

(3)  [Section 20 Subsection (3) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 20 Subsection (3) omitted by No. 86 of 2000, Sched. 1, Applied:01 May 2001] .  .  .  .  .  .  .  .  

21.   Functions of State Emergency Service

[Section 21 Amended by No. 111 of 1985, s. 11 ]The functions of the State Emergency Service are:

(a) The education and training of government departments and other bodies, members of the public, volunteers, and volunteer groups for counter-disaster purposes;

(b) The co-ordination, direction, and control of members of the public, volunteers and volunteer groups, material, and resources for counter-disaster purposes;

(c) The development and installation of such communications and other operational facilities as may be required for counter-disaster purposes;

(d) The promotion of and assistance with counter-disaster planning by municipalities, and the co-ordination of statutory services emergency and counter-disaster planning;

(e) The selection, deployment, and co-ordination of resources in support of statutory services during emergency operations;

(f) The raising, training, and equipping of such volunteer elements of the State Emergency Service as the Director considers necessary;

(g) The evaluation of counter-disaster equipment and facilities and the dissemination of the results of such evaluation;

(h) The allocation to local emergency services and supervision of counter-disaster equipment and facilities provided from State or Commonwealth funds; and

(i) the provision of executive and secretarial services to the Executive and Committee.

22.   Duties of Director

The Director of Emergency Services shall –

(a) establish and direct the policy of the State Emergency Service with respect to planning, organization, equipment, training, administration, and operations;

(b) arrange counter-disaster education and advisory programmes and disseminate information;

(c) advise the Minister on all matters with respect to the State Emergency Service and on such aspects of the administration and operations of other emergency services as the Minister directs;

(d) from time to time review and report to the Minister on the counter-disaster measures considered necessary or desirable with respect to any potential emergency situations in any area of the State;

(e) advise and assist municipalities in the performance of the duties and exercise of the powers conferred on them with respect to counter-disaster measures under this Act;

(f) advise and assist Government departments, instrumentalities, statutory organizations, voluntary agencies, and other bodies on matters with respect to counter-disaster measures under this Act;

(g) report to the Minister the failure of any Government department, instrumentality, statutory corporation, municipality, or other organization or body to fulfil its responsibilities for counter-disaster measures under this Act;

(h) produce, disseminate, and continually revise a State disaster plan and initiate such programmes of training with respect to that plan as may be considered necessary;

(i) design, implement, and direct such counter-disaster planning programmes as may be necessary to ensure effective co-ordination between all authorities at all levels for emergency situations;

(j) co-ordinate within the State such programmes of Commonwealth Government support to emergency services as may be mounted; and

(k) in time of enemy action or hostilities against the State, exercise co-ordinating authority over all civil defence measures as defined by Commonwealth and State Governments.

23.   Powers of Director

The Director of Emergency Services may –

(a) appoint suitable persons to be registered volunteer members of the State Emergency Service;

(b) appoint suitable persons to be executive volunteer members of the State Emergency Service;

(c) prior to, during, or subsequent to, the occurrence of a disaster, appoint suitable persons to be temporary volunteer members of the State Emergency Service;

(d) issue to members or volunteer members adequate means of personal identification;

(e) inspect at regular intervals resources provided for municipalities for counter-disaster purposes;

(f) establish and maintain such training facilities as may be necessary for counter-disaster purposes;

(g) convene such committees as he thinks fit for counter-disaster purposes;

(h) mount such multi-organization exercises as may be necessary to test counter-disaster plans and training; and

(i) promote and carry out or cause to be carried out researches and investigations into matters relating to counter-disaster measures and promote and carry out, or cause to be carried out, the dissemination of information forthcoming from such researches and investigations.

24.   

PART IV - [Part IV Heading amended by No. 55 of 1986, s. 4 ]Declaration of a State of Disaster or Emergency

25.   Declaration of state of emergency

[Section 25 Substituted by No. 111 of 1985, s. 12 ]

(1)  Where, on the recommendation of the Executive, it appears to the Minister that an emergency exists, he may declare a state of emergency.

(2)  A declaration of a state of emergency shall come into force immediately the declaration is made and, unless sooner revoked, shall continue in force for a period specified in the declaration not exceeding 2 days.

(3)  The duration of a state of emergency may be extended by declaration under subsection (1) for further periods not exceeding 2 days in each case.

26.   Declaration of state of disaster

[Section 26 Substituted by No. 111 of 1985, s. 12 ]

(1)  Where, on the recommendation of the Minister, it appears to the Governor that a disaster has occurred, he may, by order-in-council, declare a state of disaster.

(2)  A declaration of a state of disaster shall come into force immediately the declaration is made and, unless sooner revoked, shall continue in force for a period specified in the declaration not exceeding 14 days.

(3)  The duration of a state of disaster may be extended by declaration under subsection (1) for further periods not exceeding 14 days in each case.

26A.   Area that may be covered by declaration

[Section 26A Inserted by No. 111 of 1985, s. 12 ]A state of emergency or disaster may be declared in respect of any region or regions or the whole of Tasmania.

26B.   Duties upon declaration of state of disaster or emergency

[Section 26B Inserted by No. 111 of 1985, s. 12 ]

(1)  Upon a declaration of a state of emergency or disaster, the chairman of the Executive shall institute whatever counter-disaster measures he considers are appropriate to deal with the emergency or disaster.

(2)  Upon a declaration of a state of emergency or disaster, the Region Disaster Controller of any region or regions to which the declaration applies shall, subject to the directions of the chairman of the Executive –

(a) take such action as is required by the counter-disaster plans and operational orders for the region, and as he considers appropriate;

(b) take immediate action to use, direct, and co-ordinate all available resources within his region so as to counter the effects or the likely effects of the occurrence or impending occurrence that led to the declaration; and

(c) immediately they become available, use, direct, and co-ordinate all additional resources that have been allocated by the chairman of the Executive.

27.   Powers upon declaration of a state of disaster

[Section 27 Amended by No. 111 of 1985, s. 13 ]Upon a declaration of a state of emergency or disaster the Premier or, in his absence, the Minister of the Crown who is temporarily performing the duties of the Premier, may –

(a) direct that the resources of the Government of the State and other resources that the chairman of the Executive considers necessary to relieve the effect of the emergency or disaster be made available to be used in meeting the emergency or disaster;

(b) take such other action as the chairman of the Executive considers appropriate to counter the effects of the emergency or disaster; and

(c) authorize the expenditure of such sums of money as are determined by the Government of the State to relieve personal distress and assist in counter-disaster measures.

28.   Special powers with respect to the public

(1)  [Section 28 Subsection (1) amended by No. 111 of 1985, s. 14 ]Upon a declaration of a state of disaster or emergency, the chairman of the Executive or a Region Disaster Controller of any region to which that declaration applies may, if he is of the opinion that such action is necessary for the preservation of human life and without any authority other than this provision –

(a) require the owner or the person for the time being in charge of any resources to surrender them and place them under the control and direction of any authorized person involved in counter-disaster operations; and

(b) direct the evacuation and exclusion of persons from any place and in the exercise of those powers may remove or cause to be removed a person who does not comply with a direction to evacuate or a person who enters or is found in a place in respect of which a direction for the exclusion of persons has been given.

(2)  [Section 28 Subsection (2) amended by No. 111 of 1985, s. 14 ]Upon a declaration of a state of disaster a Region Disaster Controller, local co-ordinator, police officer, or an authorized person involved in counter-disaster operations may, without any authority other than this provision, but subject to the directions of the chairman of the Executive –

(a) enter, by force if necessary, any place where he believes on reasonable grounds it is necessary to do so for the saving of human life or the prevention of injury to persons or for the rescue of injured or endangered persons or for facilitating the carrying out of other urgent measures with respect to the relief of suffering and distress;

(b) if in his opinion it is necessary to do so for the conduct of counter-disaster operations, close to traffic any road, street, private street, private way, service lane, right of way, or access way or close any public place; and

(c) remove from any place a vehicle that is impeding counter-disaster operations and to facilitate its removal may use such force as is reasonably necessary to break into that vehicle.

(3)  The powers conferred upon the chairman of the Executive or a Region Disaster Controller by subsection (1) (b) may be exercised also by a local co-ordinator, police officer, or an authorized person involved in counter-disaster operations.

(4)  [Section 28 Subsection (4) amended by No. 111 of 1985, s. 14 ]A person who suffers loss or damage to his property by reason of the exercise of the powers conferred by this section shall be entitled to claim compensation for such loss or damage, such claim for compensation to be made to the Minister in the first instance.

(5)  For the purposes of this section, authorized person means any person to whom counter-disaster powers are delegated by the chairman of the Executive, the Director, or the Region Disaster Controller.

PART IVA - Declaration of State of Alert

29.   Declaration of state of alert

[Section 29 Inserted by No. 55 of 1986, s. 5 ]

(1)  Where, in the opinion of the Director –

(a) an occurrence or an impending occurrence is likely to cause loss of life or injury to persons; and

(b) the evacuation and exclusion of persons from a place is necessary in order to avoid that loss of life or injury, but the declaration of a state of disaster or emergency has not been made –

the Director may declare a state of alert in relation to that place.

(2)  Upon declaration of a state of alert in relation to a place, the Director may exercise in that place those powers that are exercisable in pursuance of section 28 (1) (b) in a state of disaster or emergency.

(3)  Upon declaration of a state of alert in relation to a place, a Region Disaster Controller, local co-ordinator appointed in relation to that place, police officer, or an authorized person, may, without any authority other than this provision, but subject to the direction of the Director, exercise in that place those powers that are exercisable under section 28 (2) upon a declaration of a state of disaster or emergency.

(4)  Upon a declaration of a state of alert in relation to a place, the Director may instruct any statutory service to prepare for a possible declaration of a state of emergency or disaster.

(5)  A person who suffers loss or damage to his property by reason of the exercise in a state of alert of powers set out in section 28 (1) (b) or (2) shall be entitled to claim compensation for such loss or damage, such claim for compensation to be made to the Minister in the first instance.

(6)  For the purposes of subsection (3) , authorized person means a person authorized by the Director, the volunteer Local Co-ordinator, if any, or a police officer, to assist in the evacuation and exclusion of persons from a place.

29A.   Duration of state of alert

[Section 29A Inserted by No. 55 of 1986, s. 5 ]A declaration of a state of alert in relation to a place shall come into force on the day on which the declaration is made and shall continue in force for a period not exceeding 2 days that is specified in the declaration, unless –

(a) it is sooner revoked; or

(b) a state of emergency or disaster is declared that applies to that place.

PART V - Duties and Powers of Municipalities

30.   Duties and powers of municipalities with respect to counter-disaster measures

[Section 30 Substituted by No. 111 of 1985, s. 16 ]

(1)  [Section 30 Subsection (1) amended by No. 55 of 1986, s. 6 and Sched. 1 ]Subject to subsections (2) and (3) , each municipality shall –

(a) nominate a person to be the volunteer Local Co-ordinator of the State Emergency Service and furnish that nomination to the Director for approval and appointment by the Minister;

(b) prepare a counter-disaster plan to institute counter-disaster measures within its area; and

(c) in a state of disaster or emergency, or state of alert, use in accordance with its counter-disaster plan or, so far as the plan is not applicable, directions of the Region Disaster Controller, its resources and resources made available to it for that purpose.

(2)  Two or more municipalities may, by agreement and with the approval of the Minister, unite for the purpose of preparing a counter-disaster plan and instituting counter-disaster measures in their combined areas.

(3)  Where 2 or more municipalities have united by agreement under subsection (2) , they may nominate jointly a person to be the volunteer Local Co-ordinator of the State Emergency Service and furnish that nomination to the Director for approval and appointment by the Minister.

(4)  [Section 30 Subsection (4) amended by No. 55 of 1986, s. 6 and Sched. 1 ]Where 2 or more municipalities have united under subsection (2) , they shall –

(a) prepare a joint counter-disaster plan to institute counter-disaster measures within the combined areas; and

(b) in a state of disaster or emergency, or state of alert, use in accordance with their counter-disaster plan or, so far as the plan is not applicable, directions of the Region Disaster Controller, their resources and resources made available to them for that purpose.

(5)  [Section 30 Subsection (5) amended by No. 55 of 1986, s. 6 and Sched. 1 ]In a state of disaster or emergency, or state of alert, the volunteer Local Co-ordinator shall be the officer responsible for using in accordance with subsection (1) (c) or (4) (b) , as the case may be, those resources available to the municipality or combined municipalities.

31.   Local counter-disaster plans

(1)  Every counter-disaster plan prepared in accordance with section 30 shall be furnished by the municipality or, as the case requires, combined municipalities to the Director for approval.

(2)  In considering any counter-disaster plan furnished under subsection (1) , the Director shall have regard to the extent to which the plan in his opinion makes adequate provision for the implementation of counter-disaster measures in the area for which the plan has been formulated, and may –

(a) approve the plan; or

(b) approve the plan subject to such modifications as he thinks fit.

(3)  Each counter-disaster plan approved under subsection (2) shall be furnished to the appropriate Region Disaster Planning Group for inclusion as part of the region counter-disaster plan.

(4)  Each counter-disaster plan approved under subsection (2) shall, from time to time at intervals of not more than 2 years, be reviewed by the Director, who shall –

(a) confirm the plan; or

(b) confirm the plan subject to such modifications as he thinks fit.

32.   Local emergency services

(1)  Each municipality or combination of municipalities shall raise and maintain such local volunteer elements of the State Emergency Service as, after consultation with the Director, it or they consider necessary to ensure effective operation of the local counter-disaster plan.

(2)  A local emergency service established under this section shall be entitled to such issues of counter-disaster equipment from the State Emergency Service as the Director determines and shall maintain and use such equipment for purposes of training and emergency operations.

(3)  Local volunteer groups, including volunteer welfare agencies, may if they so wish gain affiliation with the local emergency service, and in such case shall be entitled to such issues of counter-disaster equipment as the Director determines and the use of such training and operational facilities as may be made available by the State Emergency Service.

33.   Duties and powers of Local Co-ordinator

(1)  [Section 33 Subsection (1) amended by No. 111 of 1985, s. 17 ]During the period of his appointment a Local Co-ordinator shall, in respect of each municipality for which he is appointed –

(a) be responsible to the Director for the care and maintenance of such equipment as is made available to the municipality by the State Emergency Service;

(b) advise and assist all officers of the municipality with respect to counter-disaster functions;

(c) act as executive officer to the municipality with respect to the production of the local counter-disaster plan; and

(d) act as officer in charge of such local emergency service as may be raised by the municipality or combined municipalities under section 32 .

(2)  [Section 33 Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ]In his capacity as officer in charge of a local emergency service, the Local Co-ordinator may –

(a) nominate suitable persons to be registered volunteer members of the State Emergency Service;

(b) nominate suitable persons for attendance at counter-disaster training courses;

(c) utilize the resources of the local emergency service in support of police or statutory services for emergency purposes within the municipal area;

(d) advise officers of the municipality in respect of such facilities as may be required for effective operation of the local emergency service; and

(e) exercise such other powers and perform such other functions and duties as are prescribed or, so far as not prescribed, as the Director determines.

34.   Power to bind in contracts

[Section 34 Substituted by No. 111 of 1985, s. 18 ]

(1)  Where 2 or more municipalities have united under section 30 (2) , one or more of those municipalities may enter into a contract with some other person or between themselves to enable or facilitate the carrying out of counter-disaster measures.

(2)  A municipality or municipalities may enter into a contract referred to in subsection (1) to enable or facilitate the carrying out of counter-disaster measures –

(a) within its area or, as the case may be, their areas; and

(b) with the consent of any other of the united municipalities, the area of that other municipality.

(3)  A contract to which this section applies shall be binding on any municipality to which subsection (2) refers.

35.   Allocations to municipalities

(1)  The Minister may, out of monies appropriated by Parliament for the purposes of this Act, allocate to a municipality or combined municipalities such sums for such purposes as he determines.

(2)  Sums allocated pursuant to this section shall be expended for the purposes for which the allocation was made.

PART VI - Miscellaneous

36.   Protection from liability

[Section 36 Amended by No. 111 of 1985, s. 19 ]No action or proceedings shall lie or be brought or allowed by or in favour of any person against the Crown, the Minister, a municipality, combined municipalities, a member of the Police Force, the State Emergency Service or the Director, or any other person or body acting in the execution or intended execution of this Act or in accordance with any delegation under this Act or in compliance or intended compliance with any direction given or purported to be given under this Act in respect of anything done or omitted to be done in good faith under and for the purposes of this Act.

37.   Offences with respect to officers and other persons

[Section 37 Amended by No. 111 of 1985, s. 20 ]No person shall assault, obstruct, threaten, abuse, insult, or intimidate the Director or any other person in the exercise of his powers or the discharge of his functions and duties under this Act.

38.   Offences generally and penalty

(1)  A person who contravenes or fails to comply with any provision of this Act is guilty of an offence against this Act.

(2)  A person who –

(a) fails to do that which he is directed or required to do; or

(b) does that which he is forbidden to do –

by a person acting under the authority of this Act commits an offence against this Act.

(3)  [Section 38 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person who is guilty of an offence against this Act is liable to a fine not exceeding 5 penalty units.

39.   Proceedings for offences

Prosecution of offenders against this Act shall be taken by way of summary proceedings upon the complaint of the Director or person authorised in writing in that behalf by the Minister.

40.   Offences by body corporate

(1)  Where a body corporate commits an offence against this Act each of the following persons shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly:

(a) The managing director, manager, or other governing officer, by whatever name called and every member of the governing body thereof, by whatever name called; and

(b) Every person who in this State manages or acts or takes part in the management, administration, or government of the business in this State of the body corporate.

(2)  This section applies so as not to limit or affect the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it.

41.   Evidentiary provisions

[Section 41 Amended by No. 111 of 1985, s. 21 ][Section 41 Amended by No. 55 of 1986, s. 6 and Sched. 1 ]In any action or proceeding a certificate purporting to be signed by the Director and to certify –

(a) that a state of disaster or emergency, or state of alert, was in existence either in the whole State or part of the State as specified therein on a day or during a period specified therein;

(b) that a declaration of a state of disaster or emergency, or state of alert, was in force on a day or during a period as specified therein;

(c) that a delegation by the Minister, chairman of the Executive or of a Regional Disaster Planning Group, or Director to a person specified therein of the exercise or performance of any power, authority, function, or duty specified therein was in force on a day or during a period specified therein;

(d) that a delegation by the Minister, chairman of the Executive or of a Regional Disaster Planning Group, or Director to a person specified therein was subject to the conditions or limitations specified therein or was not subject to any conditions or limitations other than those specified therein or was not subject to any conditions or limitations at all; or

(e) that a person specified therein was a person authorized pursuant to this Act –

shall be evidence of the facts so certified.

42.   Protection of employment rights

[Section 42 Amended by No. 55 of 1986, s. 6 and Sched. 1 ]A person who during the period of a state of disaster or emergency, or state of alert, declared pursuant to this Act is absent from his usual employment on duties in connection with counter-disaster measures in any capacity whatever shall not be liable for dismissal, loss of long service leave, sick leave, recreation leave, or other benefits to which he may be entitled under the industrial award applicable to his usual employment by reason only of his absence on those duties whether or not his usual employer has consented to his absence.

43.   Workers' compensation payable to or in respect of certain persons

[Section 43 Substituted by No. 111 of 1985, s. 22 ][Section 43 Subsection (1) amended by No. 42 of 1996, s. 3 and Sched. 1 ]

(1)  [Section 43 Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ]For the purposes of the Workers Rehabilitation and Compensation Act 1988 , a person who, otherwise than under a contract of service or apprenticeship with the Director, engages in counter-disaster operations or training for counter-disaster operations, with the consent of, or under the authority of, or in co-operation with the Director or an authorized officer, shall be deemed to be a worker employed by the Director.

(2)  For the purpose of assessing the compensation payable to, or in respect of, a person to whom subsection (1) applies, his average weekly earnings shall –

(a) if he was working under a contract of service immediately before engaging in counter-disaster operations or training for counter-disaster operations, be calculated according to his earnings under that contract; and

(b) if he was not working under a contract of service at that time, be calculated as prescribed.

(3)  Without in any way restricting the operation of subsection (1) , any meeting, competition, demonstration, or display held in relation to counter-disaster operations shall be deemed to be training for counter-disaster operations.

(4)  For the purposes of this section, authorized officer means any of the following persons:

(a) a Region Disaster Controller, or a person acting under his authority;

(b) the Director, or a person acting under his authority;

(c) a Local Co-ordinator, or a person acting under his authority.

44.   Regulations

(1)  The Governor may make regulations not inconsistent with this Act for or with respect to all matters required or permitted by this Act to be prescribed and all matters that in the opinion of the Governor are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act.

(2)  Regulations may be made to apply –

(a) generally or to meet a particular case or class of case; or

(b) throughout the State or within any part of the State.