Emergency Management Act 2005 (WA)

Western Australia Emergency Management Act 2005 Western Australia Emergency Management Act 2005 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Hazard management agencies may be prescribed 1 5. Delegation by hazard management agency 1 6. Combat agencies and support organisations may be prescribed 1 7. Act binds the Crown 1 8. Relationship to other Acts 1 9. Limitation on Act — industrial disputes and civil disturbances 1 Part 2 — State arrangements Division 1 — The State Emergency Coordinator 10. State Emergency Coordinator 1 11. Functions of the State Emergency Coordinator 1 12. Delegation by State Emergency Coordinator 1 Division 2 — The State Emergency Management Committee 13. State Emergency Management Committee 1 14. Functions of the SEMC 1 15. Powers of the SEMC 1 16. Designation of cyclone areas 1 17. State emergency management policies 1 18. State emergency management plans 1 19. Reviewing State emergency management policies and State emergency management plans 1 20. Directions to, and duties of, public authorities 1 21. Sub‑committees 1 22. SEMC may delegate 1 23. Minister may give directions 1 24. Facilities and services for SEMC 1 25. Annual report of SEMC 1 Division 3 — The State Emergency Coordination Group 26. State Emergency Coordination Group 1 27. Functions of the State Emergency Coordination Group 1 Division 4 — Emergency management districts 28. Establishment of emergency management districts 1 29. District emergency coordinator 1 30. Functions of district emergency coordinator 1 31. District emergency management committees 1 32. Functions of district emergency management committees 1 33. Annual report of district emergency management committees 1 Part 3 — Local arrangements Division 1 — Local emergency authorities 34. Local governments may combine 1 35. Specified public authority may exercise functions of local government 1 36. Functions of local government 1 37. Local emergency coordinators 1 38. Local emergency management committees 1 39. Functions of local emergency management committees 1 40. Annual report of local emergency management committee 1 Division 2 — Emergency management arrangements for local governments 41. Emergency management arrangements in local government district 1 42. Reviewing and renewing local emergency management arrangements 1 43. Local emergency management arrangements to be available for inspection 1 Division 3 — Powers of local government during cyclone 44. Term used: cyclone area 1 45. Exercise of powers under this Division 1 46. Power of local government to destroy dangerous vegetation or premises in cyclone area 1 47. Local government may require owner or occupier of land to take action 1 48. Additional powers when direction given 1 49. Provisions are in addition to other powers 1 Part 4 — Hazard management Division 1 — Emergency situation declaration 50. State Emergency Coordinator or hazard management agency may make emergency situation declaration 1 51. Duration of emergency situation declaration 1 52. Extension of emergency situation declaration 1 53. Revocation of emergency situation declaration 1 54. Notice of declaration 1 Division 2 — Hazard management officers 55. Authorisation of hazard management officers 1 Part 5 — State of emergency Division 1 — State of emergency declaration 56. Minister may make state of emergency declaration 1 57. Duration of state of emergency declaration 1 58. Extension of state of emergency declaration 1 59. Revocation of state of emergency declaration 1 60. Notice of declaration 1 Division 2 — Authorised officers 61. Authorised officers 1 62. Identification of authorised officers 1 Division 3 — The State Disaster Council 63. State Disaster Council 1 64. Functions of the State Disaster Council 1 Part 6 — Emergency powers Division 1 — Powers during emergency situation or state of emergency 65. Application of this Division 1 66. Obtaining identifying particulars 1 67. Powers concerning movement and evacuation 1 68. Use of vehicles 1 69. Powers of officer to control or use property 1 70. Powers of officers in relation to persons exposed to hazardous substances 1 70A. Electronic monitoring of persons in quarantine 1 71. Powers of police to direct closure of places and concerning movement and evacuation 1 72. Exchange of information 1 Division 2 — Further powers during state of emergency 73. Application of this Division 1 74. Power to direct public authorities during state of emergency 1 75. General powers during a state of emergency 1 76A. Manufacture, supply and prescription of poisons 1 Division 3 — General provisions 76. General provisions regarding powers 1 77. General provisions regarding directions 1 Part 7 — Compensation and insurance Division 1 — Compensation 78. Entitlement to compensation 1 79. Applying for compensation 1 80. Lapsing of application 1 81. Notice of decision 1 82. Funding of compensation 1 Division 2 — Review 83. Review of compensation decision 1 Division 3 — Policies of insurance 84. Extension of policy of insurance 1 Part 8 — Offences 85. Obstruction of a hazard management officer or authorised officer 1 86. Failure to comply with direction 1 87. Failure to give help 1 88. Impersonation of hazard management officer or authorised officer 1 89. False or misleading information 1 90. False compensation claim 1 Part 9 — Employment protection 91. Terms used 1 92. Protection of employment rights 1 93. Victimisation because of emergency management response 1 94. Civil penalty for breach of section 93 1 Part 10 — Miscellaneous 94A. Powers under other written laws do not affect whether declarations can be made 1 95. Confidentiality of information 1 96. Expenses 1 97. Bodies corporate or employers, conduct on behalf of 1 98. Liability of officers for offence by body corporate 1 99. Evidentiary matters 1 100. Protection from liability 1 101. Regulations as to compensation of volunteers 1 102. Regulations 1 103. Review of Act 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Emergency Management Act 2005 An Act to provide for prompt and coordinated organisation of emergency management in the State, and for related purposes. [Long title amended: No. 33 of 2022 s. 4 and 28.] Part 1 — Preliminary 1. Short title This is the Emergency Management Act 2005. 2. Commencement (1) This Act comes into operation on a day to be fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Terms used In this Act, unless the contrary intention appears — authorised officer means — (a) the State Emergency Coordinator; and (b) a person authorised under section 61; combat agency has the meaning given by section 6(1); district emergency management committee means a district emergency management committee established under section 31(1); emergency means the occurrence or imminent occurrence of a hazard which is of such a nature or magnitude that it requires a significant and coordinated response; emergency area means the area to which an emergency situation declaration or a state of emergency declaration applies; emergency management means the management of the adverse effects of an emergency including — (a) prevention — the mitigation or prevention of the probability of the occurrence of, and the potential adverse effects of, an emergency; and (b) preparedness — preparation for response to an emergency; and (c) response — the combating of the effects of an emergency, provision of emergency assistance for casualties, reduction of further damage, and help to speed recovery; and (d) recovery — the support of emergency affected communities in the reconstruction and restoration of physical infrastructure, the environment and community, psychosocial and economic wellbeing; emergency management agency means a hazard management agency, a combat agency or a support organisation; emergency management district means an emergency management district established under section 28; emergency situation means an emergency situation declared under section 50; emergency situation declaration means a declaration made under section 50; hazard means — (a) a cyclone, earthquake, flood, storm, tsunami or other natural event; (b) a fire; (c) a road, rail or air crash; (d) a plague or an epidemic; (e) a terrorist act as defined in The Criminal Code section 100.1 set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth; (f) any other event, situation or condition that is capable of causing or resulting in — (i) loss of life, prejudice to the safety, or harm to the health, of persons or animals; or (ii) destruction of, or damage to, property or any part of the environment, and is prescribed by the regulations; hazard management agency has the meaning given by section 4; hazard management officer means a person authorised under section 55; hazardous substance means — (a) a chemical, biological or radiological substance; or (b) any other substance, that is capable of causing loss of life, injury to a person, or damage to the health of a person or to the environment; local emergency coordinator means a local emergency coordinator appointed under section 37; local emergency management committee means a committee established under section 38; local government district — (a) has the meaning given to "district" by the Local Government Act 1995; and (b) in relation to a local government, means the district established for the local government under the Local Government Act 1995; occupier has the meaning given to that term in the Local Government Act 1995; owner has the meaning given to that term in the Local Government Act 1995; personal details, in relation to a person, means — (a) the person's full name; and (b) the person's date of birth; and (c) the address of where the person is living; and (d) the address of where the person usually lives; place includes land, area of water or premises; premises includes a building or structure, or part of a building or structure, of any type; property means real or personal property of any description; public authority means — (a) an agency as defined in the Public Sector Management Act 1994; or (b) a body, corporate or unincorporate, that is established or continued for a public purpose by the State, regardless of the way it is established; or (c) a local government, regional local government or regional subsidiary; or (d) the Police Force of Western Australia; or (e) a member or officer of a body referred to in paragraph (a), (b), (c) or (d); or (f) a person or body prescribed (or of a class prescribed) by the regulations as a public authority for the purposes of this definition; recovery has the meaning given in paragraph (d) of the definition of emergency management; SEMC means the State Emergency Management Committee established under section 13; State Disaster Council means the State Disaster Council established under section 63; State Emergency Coordination Group means the State Emergency Coordination Group established under section 26; State Emergency Coordinator means the person holding the office referred to in section 10; State emergency management plan means a plan prepared under section 18; State emergency management policy means a policy prepared under section 17; state of emergency means a state of emergency declared under section 56; state of emergency declaration means a declaration made under section 56; support organisation has the meaning given by section 6(3); vehicle means any thing capable of transporting people or things by road, rail or water, including a hovercraft, and it does not matter how the thing is moved or propelled. [Section 3 amended: No. 26 of 2016 s. 52.] 4. Hazard management agencies may be prescribed (1) A public authority, or other person, may be prescribed by the regulations to be a hazard management agency for emergency management, or an emergency management aspect prescribed by the regulations, of a hazard prescribed by the regulations. (2) The regulations may prescribe the whole of the State, or an area of the State, as the area for which the public authority or person is a hazard management agency. (3) A hazard management agency prescribed under subsection (1) is to be a public authority or other person who or which, because of that agency's functions under any written law or specialised knowledge, expertise and resources, is responsible for emergency management, or the prescribed emergency management aspect, in the area prescribed of the hazard for which it is prescribed. (4) If the hazard management agency is not an individual or a body corporate, the regulations are to designate — (a) one or more persons who are authorised to act in the name of the hazard management agency for the purposes of sections 50 and 53; and (b) one or more persons who are authorised to act in the name of the hazard management agency for the purposes of authorising under section 55 persons to act as hazard management officers. (5) In sections 50, 53 and 55 a reference to a hazard management agency is to be taken to include a reference to a person who is designated to act in the name of a hazard management agency under subsection (4) for the purposes of that section. 5. Delegation by hazard management agency (1) A hazard management agency, with the approval of the State Emergency Coordinator, may delegate to an officer or employee of the agency any power or duty of the hazard management agency under sections 50, 53 and 55, or any of those sections. (2) The delegation is to be in writing. (3) A delegate exercising or performing a power or duty that has been delegated under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (4) Nothing in this section limits the ability of a hazard management agency to act through an officer or person representing the agency. 6. Combat agencies and support organisations may be prescribed (1) A public authority, or other person, may be prescribed by the regulations to be a combat agency for the purposes of this Act. (2) A combat agency prescribed under subsection (1) is to be a public authority or other person who or which, because of the agency's functions under any written law or specialised knowledge, expertise and resources, is responsible for performing an emergency management activity prescribed by the regulations in relation to that agency. (3) A public authority, or other person, may be prescribed by the regulations to be a support organisation for the purposes of this Act. (4) A support organisation prescribed under subsection (3) is to be a public authority or other person who or which, because of the agency's functions under any written law or specialised knowledge, expertise and resources, is responsible for providing support functions prescribed by the regulations in relation to that organisation. 7. Act binds the Crown This Act binds the Crown in right of the State and, so far as the legislative power of the State permits, the Crown in its other capacities. 8. Relationship to other Acts (1) Where the provisions of this Act are inconsistent with the provisions of any other Act, or of any subsidiary legislation made under any other Act, the provisions of this Act prevail. (2) This Act is in addition to, and does not derogate from, the Fuel, Energy and Power Resources Act 1972. (3) Subject to subsection (1), all powers given by or under this Act are in addition to, and not in derogation from, powers exercisable apart from this Act. 9. Limitation on Act — industrial disputes and civil disturbances This Act does not authorise the taking of measures directed at — (a) ending an industrial dispute; or (b) controlling a riot or other civil disturbance. Part 2 — State arrangements Division 1 — The State Emergency Coordinator 10. State Emergency Coordinator The Commissioner of Police is to hold the office of State Emergency Coordinator. 11. Functions of the State Emergency Coordinator (1) The State Emergency Coordinator is responsible for coordinating the response to an emergency during a state of emergency. (2) In addition to his or her other functions under this Act and any other written law, the State Emergency Coordinator is to — (a) provide advice to the Minister in relation to emergencies; and (b) provide advice to the State Disaster Council during a state of emergency; and (c) provide such advice and assistance to hazard management agencies as the State Emergency Coordinator considers appropriate; and (d) carry out other emergency management activities as directed by the Minister. (3) Where authorised to do so under a State emergency management plan or State emergency management policy, or authorised to do so by the SEMC or the State Disaster Council, the State Emergency Coordinator may — (a) liaise with the Australian Government and other persons, in or outside the State; and (b) enter into agreements and arrangements with those persons, to assist the State to manage emergencies. 12. Delegation by State Emergency Coordinator (1) The State Emergency Coordinator may delegate to any person any power or duty of the State Emergency Coordinator under another provision of this Act. (2) The delegation is to be in writing signed by the State Emergency Coordinator. (3) A delegate exercising or performing a power or duty that has been delegated under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (4) Nothing in this section limits the ability of the State Emergency Coordinator to act through an officer or a person representing the State Emergency Coordinator. Division 2 — The State Emergency Management Committee 13. State Emergency Management Committee (1) The State Emergency Management Committee is established. (2) The SEMC is to consist of — (a) a chairman appointed by the Minister; and (b) a deputy chairman appointed by the Minister; and (c) an executive officer of the SEMC appointed by the Minister; and (d) a person who is representative of local government, appointed by the Minister; and (e) such other members as are provided for, and appointed in accordance with, the regulations. (3) The Minister is to ensure that — (a) the chairman has expertise or experience that, in the Minister's opinion, is relevant to the functions of the SEMC and the State Emergency Coordination Group; and (b) each other member has expertise or experience that, in the Minister's opinion, is relevant to the functions of the SEMC. (4) The regulations may make provision as to the constitution and procedures of the SEMC. (5) Subject to the regulations the SEMC may determine its own procedures. 14. Functions of the SEMC The SEMC has the following functions — (a) to advise the Minister on emergency management and the preparedness of the State to combat emergencies; (b) to provide direction, advice and support to public authorities, industry, commerce and the community in order to plan and prepare for an efficient emergency management capability for the State; (c) to provide a forum for whole of community coordination to ensure the minimisation of the effects of emergencies; (d) to provide a forum for the development of community wide information systems to improve communications during emergencies; (e) to develop and coordinate risk management strategies to assess community vulnerability to emergencies; (f) to perform other functions given to the SEMC under this Act; (g) to perform any other function prescribed by the regulations for the purposes of this section. 15. Powers of the SEMC (1) The SEMC may do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting subsection (1) and any other powers conferred on the SEMC by this Act, the SEMC may — (a) produce and publish information on matters related to its functions; and (b) act in conjunction with another public authority or any other person. 16. Designation of cyclone areas (1) The SEMC may, on the advice of the agency prescribed as the hazard management agency for cyclones in the relevant area, designate an area of the State as a cyclone area. (2) Before designating an area under subsection (1) the SEMC is to notify each local government in whose district any part of the area proposed to be designated is situated and allow a reasonable time for submissions on the proposal. (3) In designating an area under subsection (1) the SEMC is to have regard to any submissions of a local government. (4) Notice of the designation is to be published in the Gazette. 17. State emergency management policies (1) The SEMC is to arrange for the preparation of State emergency management policies. (2) State emergency management policies are to include provision for — (a) a strategic framework for emergency management in the State; and (b) the roles and responsibilities of emergency management agencies; and (c) other matters that are prescribed by the regulations. (3) A State emergency management policy, and any amendment to a State emergency management policy, has effect when it is approved by the SEMC. 18. State emergency management plans (1) The SEMC is to arrange for the preparation of State emergency management plans as the SEMC considers necessary. (2) A State emergency management plan is to be consistent with State emergency management policies. (3) A State emergency management plan, and any amendment to a State emergency management plan, has effect when it is approved by the SEMC. 19. Reviewing State emergency management policies and State emergency management plans (1) The SEMC may arrange for a State emergency management policy or a State emergency management plan to be reviewed, amended or replaced, whenever the SEMC considers it appropriate. (2) The SEMC may arrange for a State emergency management plan to be tested whenever the SEMC considers it appropriate. 20. Directions to, and duties of, public authorities (1) If a public authority is given a role and responsibilities under a State emergency management policy, the SEMC may, in writing, direct the public authority, in relation to that role and those responsibilities, to — (a) prepare, or assist in the preparation of, a State emergency management plan; or (b) review, or assist in the review of, a State emergency management plan; or (c) amend or replace, or assist in the amendment or replacement of, a State emergency management plan; or (d) test, or assist in the testing of, a State emergency management plan. (2) The SEMC may issue written guidelines to help public authorities respond to a direction under subsection (1). (3) A public authority is to comply with a direction under subsection (1) within the time and in the manner specified in the direction. (4) A public authority that is given a role and responsibilities under a State emergency management policy is to comply with the State emergency management policy. 21. Sub‑committees (1) The SEMC may establish such sub‑committees as it thinks fit to advise the SEMC on any aspect of its functions or to assist with any matters relevant to the performance of its functions. (2) A sub‑committee may, but need not, consist of or include members of the SEMC. (3) The SEMC may remove a person from membership of a sub‑committee and may reconstitute or discharge a sub‑committee. (4) The SEMC may give directions to a sub‑committee with respect to the performance of its functions and its procedures and the sub‑committee is to comply with any such direction. (5) Subject to the directions of the SEMC, a sub‑committee may determine its own procedures. 22. SEMC may delegate (1) The SEMC may delegate to a member of the SEMC, a sub‑committee established under section 21 or a member of such a sub‑committee any power or duty of the SEMC under another provision of this Act. (2) The delegation is to be in writing signed by the chairman of the SEMC. (3) A delegate exercising or performing a power or duty that has been delegated under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (4) Nothing in this section limits the ability of the SEMC to act through an agent. 23. Minister may give directions (1) The Minister may give directions in writing to the SEMC with respect to the performance of its functions, either generally or in relation to a particular matter, and the SEMC is to give effect to any such direction. (2) The text of a direction given under subsection (1) is to be included in the annual report submitted by the SEMC under section 25. 24. Facilities and services for SEMC (1) The Minister is to ensure that the SEMC is provided with the facilities and services that, in the opinion of the Minister, are reasonably necessary to enable it to perform its functions. (2) Without limiting subsection (1), the Minister may arrange with the relevant employing authority (as that term is defined in the Public Sector Management Act 1994) for the SEMC to make use, either full‑time or part‑time, of the services of any officer or employee — (a) in the Public Service; or (b) in a public authority; or (c) otherwise in the service of the State. (3) Without limiting subsection (1), the Minister may arrange with — (a) a department of the Public Service; or (b) a public authority, for the SEMC to make use of any facilities or services of the department or public authority. (4) An arrangement under subsection (2) or (3) is to be made on terms agreed by the parties. 25. Annual report of SEMC (1) As soon as is practicable after the end of each financial year the SEMC is to prepare and submit to the Minister an annual report on activities undertaken by it during the financial year. (2) The Minister is to cause the report to be laid before each House of Parliament as soon as is practicable after it is prepared. Division 3 — The State Emergency Coordination Group 26. State Emergency Coordination Group (1) If a state of emergency is declared, a State Emergency Coordination Group is established. (2) If an emergency occurs or is imminent, the State Emergency Coordinator may, on the request of the relevant hazard management agency, or on his or her own initiative and in consultation with the relevant hazard management agency, establish a State Emergency Coordination Group. (3) The State Emergency Coordination Group is to consist of — (a) the State Emergency Coordinator; and (b) the chairman of the SEMC; and (c) the executive officer of the SEMC appointed under section 13(2)(c); and (d) a representative of the relevant hazard management agency; and (e) a person who is representative of the local governments in the emergency area, or in the area where the emergency is occurring or is imminent, as the case requires, nominated by the State Emergency Coordinator; and (f) such other members as are, in the opinion of the State Emergency Coordinator, necessary. (4) The State Emergency Coordinator is the chairman of the State Emergency Coordination Group. (5) The State Emergency Coordination Group may determine its own procedures. (6) The State Emergency Coordination Group ceases to be established on a day determined by the State Emergency Coordinator. 27. Functions of the State Emergency Coordination Group The State Emergency Coordination Group has the following functions — (a) to ensure the provision of coordinated emergency management by public authorities and other persons; (b) to provide advice and direction to public authorities and other persons to facilitate effective emergency management; (c) to liaise between emergency management agencies and the Minister. Division 4 — Emergency management districts 28. Establishment of emergency management districts (1) For the purposes of this Act the State is divided into such emergency management districts as the Minister, on the advice of the SEMC, may determine by order published in the Gazette. (2) So far as is practicable emergency management districts are to be established by reference to the boundaries of local government districts. (3) If an emergency management district is proposed to be established other than by reference to the boundaries of a local government district, the Minister is to notify each local government in whose district any part of the area proposed to be established is situated and allow a reasonable time for submissions on the proposal. (4) In making an order under subsection (1) the Minister is to have regard to any submissions of the local governments. 29. District emergency coordinator The State Emergency Coordinator is to appoint a district emergency coordinator for each emergency management district. 30. Functions of district emergency coordinator The district emergency coordinator for an emergency management district has the following functions — (a) to provide advice and support to the district emergency management committee for the district in the development and maintenance of emergency management arrangements for its district; (b) to carry out other emergency management functions in accordance with the directions of the State Emergency Coordinator. 31. District emergency management committees (1) A district emergency management committee is established for each emergency management district. (2) The SEMC may invite the chairmen of the local emergency management committees within the emergency management district to submit a panel of names to the SEMC for consideration for appointment as chairman of the district emergency management committee. (3) The SEMC may appoint such person as it thinks fit to be chairman of the district emergency management committee irrespective of whether the name of that person is submitted under subsection (2). (4) The district emergency coordinator for the emergency management district is to be a member of the district emergency management committee, and may be appointed as chairman of the committee. (5) Subject to this section, the constitution and procedures of a district emergency management committee, and the terms and conditions of appointment of members, are to be determined by the SEMC. 32. Functions of district emergency management committees (1) It is a function of a district emergency management committee to assist in the establishment and maintenance of effective emergency management arrangements for the district for which it is constituted. (2) District emergency management committees have such other functions as are prescribed by the regulations. 33. Annual report of district emergency management committees (1) Each district emergency management committee is to prepare and submit to the SEMC an annual report on activities undertaken by it during the financial year. (2) The annual report — (a) is to be prepared within the time, and in the manner, directed in writing by the SEMC; and (b) is to include the annual report prepared under section 40 of each local emergency management committee within the district. Part 3 — Local arrangements Division 1 — Local emergency authorities 34. Local governments may combine (1) Two or more local governments may, with the approval of the SEMC, agree to unite for the purposes of emergency management under this Part. (2) If 2 or more local governments (the combined local government) unite as mentioned in subsection (1), the provisions of this Part apply as if — (a) a reference to a local government were a reference to the combined local government; and (b) a reference to the local government's district were a reference to the districts of the combined local government; and (c) a reference to the local government's offices were a reference to the office of each local government that is part of the combined local government. 35. Specified public authority may exercise functions of local government (1) The SEMC, by notice published in the Gazette, may designate — (a) a specified area of one or more local government districts; or (b) a specified area that is not part of a local government district, as an area in which a specified public authority is to perform and exercise all of the functions of a local government under this Part. (2) Before designating an area under subsection (1) the SEMC is to notify each local government in whose district any part of the area proposed to be designated is situated of what is proposed to be done and allow a reasonable time for submissions on the proposal. (3) In designating an area under subsection (1) the SEMC is to have regard to any submissions of the local government. (4) A local government is not to perform or exercise functions under this Part in relation to an area within its district that is designated under subsection (1