State Emergency and Rescue Management Act 1989 (NSW)

State Emergency and Rescue Management Act 1989 No 165 An Act relating to the management of State emergencies and rescues. Part 1 Preliminary 1 Name of Act This Act may be cited as the State Emergency and Rescue Management Act 1989. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Definitions (1) In this Act— accredited rescue unit means a rescue unit accredited by the Minister under Division 4 of Part 3. agency means a government agency or a non-government agency. combat agency means the agency identified in the State Emergency Management Plan as the agency primarily responsible for controlling the response to a particular emergency. control means the overall direction of the activities, agencies or individuals concerned. co-ordination means the bringing together of agencies and individuals to ensure effective emergency or rescue management, but does not include the control of agencies and individuals by direction. Department means the Premier's Department. emergency has the meaning given by section 4. emergency operations centre means a centre established under this Act at a State, regional or local level as a centre of communication, and as a centre for the co-ordination of operations and support, during an emergency. emergency services organisation means the following— (a) Ambulance Service of NSW, (b) Fire and Rescue NSW, (c) a fire brigade within the meaning of the Fire and Rescue NSW Act 1989, (d) NSW Police Force, (e) NSW Rural Fire Service, (f) State Emergency Service, (g) Surf Life Saving New South Wales, (h) VRA Rescue NSW Limited, (i) Volunteer Marine Rescue NSW, (j) an agency that manages or controls an accredited rescue unit, (k) a non-government agency that is prescribed by the regulations for the purposes of this definition. functional area means the following categories of services involved in the prevention of, preparation for, responses to or recovery from an emergency— (a) agricultural and animal services, (b) telecommunications services, (b1) energy and utility services, (c) engineering services, (d) environmental services, (e) health services, (e1) education services, (f) public information services, (g) transport services, (h) welfare services, (i) another category of services described as a functional area in the State Emergency Management Plan. government agency means— (a) a Public Service agency, (b) a public authority, being a body (whether incorporated or not) established by or under an Act for a public purpose, other than— (i) the Legislative Council or Legislative Assembly or a committee of either or both of those bodies, or (ii) a court or other judicial tribunal, (c) the NSW Police Force, (d) a local government council or other local authority, or (e) a member or officer of an agency referred to in paragraphs (a)–(d) or any other person in the service of the Crown who has statutory functions, other than— (i) the Governor, the Lieutenant-Governor or the Administrator of the State, (ii) a Minister of the Crown, (iii) a member of the Legislative Council or Legislative Assembly or an officer of that Council or Assembly, or (iv) a judicial officer. Local Emergency Management Committee means a Local Emergency Management Committee constituted under Part 2. local government area means an area within the meaning of the Local Government Act 1993 and includes a combined local government area as referred to in section 27. non-government agency means a voluntary organisation or any other private individual or body, other than a government agency. recovery agency means the agency identified in the State Emergency Management Plan as the agency primarily responsible for controlling the recovery from a particular emergency. region means a region established under section 21. Regional Emergency Management Committee means a Regional Emergency Management Committee constituted under Part 2. rescue means the safe removal of persons or domestic animals from actual or threatened danger of physical harm. Secretary means the Secretary of the Department. State Emergency Management Committee means the State Emergency Management Committee constituted under Part 2. State Emergency Management Plan means the State Emergency Management Plan referred to in section 12. State Emergency Operations Controller—see section 18. State Emergency Recovery Controller—see section 20A. State Emergency Service means the NSW State Emergency Service constituted under the State Emergency Service Act 1989. state of emergency means a state of emergency declared under Division 4 of Part 2 and for the time being in force. State Rescue Board means the State Rescue Board of New South Wales constituted under Part 3. Surf Life Saving New South Wales means Surf Life Saving New South Wales (ACN 138 025 573). Volunteer Marine Rescue NSW means Volunteer Marine Rescue NSW (ABN 98 138 078 092). VRA Rescue NSW Limited means VRA Rescue NSW Limited (ABN 68 767 393 968). (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. 4 Definition of "emergency" (1) In this Act— emergency means an emergency due to an actual or imminent occurrence (such as fire, flood, storm, earthquake, explosion, terrorist act, accident, epidemic or warlike action) which— (a) endangers, or threatens to endanger, the safety or health of persons or animals in the State, or (b) destroys or damages, or threatens to destroy or damage, property in the State, or (c) causes a failure of, or a significant disruption to, an essential service or infrastructure, being an emergency which requires a significant and co-ordinated response. (2) For the purposes of the definition of emergency, property in the State includes any part of the environment of the State. Accordingly, a reference in this Act to— (a) threats or danger to property includes a reference to threats or danger to the environment, and (b) the protection of property includes a reference to the protection of the environment. 5 Stages of emergency For the purposes of this Act— (a) prevention in relation to an emergency includes the identification of hazards, the assessment of threats to life and property and the taking of measures to reduce potential loss to life or property, and (b) preparation in relation to an emergency includes arrangements or plans to deal with an emergency or the effects of an emergency, and (c) response in relation to an emergency includes the process of combating an emergency and of providing immediate relief for persons affected by an emergency, and (d) recovery in relation to an emergency includes the process of returning an affected community to its proper level of functioning after an emergency. 6 Relationship between Part 2 (State emergency management) and Part 3 (State rescue management) (1) Part 3 applies to a rescue operation whether it relates to a single incident or an emergency. (2) However, if a rescue operation relates to an emergency Part 2 prevails. (3) A dispute as to whether a rescue operation relates to a single incident or an emergency may be determined by the Minister or (subject to any determination of the Minister) by the State Emergency Operations Controller. 7 Limitation on operation of Act—industrial disputes and civil disturbances This Act does not authorise the taking of measures directed at— (a) bringing an industrial dispute to an end, or (b) controlling a riot or other civil disturbance (other than a riot or civil disturbance resulting from and occurring during a state of emergency). 8 Operation of Act in relation to civil defence This Act authorises the taking of civil defence measures, not being actual military combat or preparations for military combat. 9 Act binds the Crown This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. Part 2 State emergency management Division 1 Emergency management at State level Subdivision 1 The Minister 10 Minister (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) (Repealed) (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. 11 (Repealed) 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 Secretary must— (a) publish (in such manner as the Secretary 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 (a2) the chief executive of the Ambulance Service of NSW, and (a3) the Commissioner of Fire and Rescue NSW, and (a4) the Commissioner of Police, and (a5) the Commissioner of the NSW Rural Fire Service, and (a6) the Commissioner of the State Emergency Service, 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— (a1) 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), (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, (c1) to promote the continuous improvement of emergency management policy and practice at a State level, including through consideration of reviews and inquiries into emergency operations, exercises and training evaluations, (c2) to support emergency services organisations and other organisations to plan for the development and maintenance of the capabilities and service delivery capacity of the emergency management volunteer workforce, (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 Secretary 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— (a) the chief executive officer of the NSW Reconstruction Authority, unless a person is designated under paragraph (b), or (b) either of the following designated by the chief executive officer of the NSW Reconstruction Authority— (i) a senior executive employed in the NSW Reconstruction Authority, (ii) a NSW Police Force senior executive. (3) The office of the Deputy State Emergency Recovery Controller is to be held by an employee of the NSW Reconstruction Authority designated by the chief executive officer of the NSW Reconstruction Authority. (4) If the State Emergency Recovery Controller is unavailable for any reason, the Deputy State Emergency Recovery Controller has, during the period of unavailability, all the functions of the State Emergency Recovery Controller. (5) In this section and section 20B— chief executive officer, of the NSW Reconstruction Authority, has the same meaning as in the NSW Reconstruction Authority Act 2022. NSW Reconstruction Authority has the same meaning as in the NSW Reconstruction Authority Act 2022. 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. (4A) To the extent of any inconsistency between a direction given by the State Emergency Recovery Controller in the exercise of functions under this Act, and the NSW Reconstruction Authority or chief executive officer in the exercise of functions under the NSW Reconstruction Authority Act 2022, the direction given by the State Emergency Recovery Controller under this Act prevails. (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 21 Establishment of regions (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, and Note. 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