SERM Act Flashcards
What is the purpose of the State Emergency and Rescue Management Act (1989)?
To provide 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.
Part 1 Preliminary of the State Emergency and Rescue Management Act (1989) contains several definitions. State the definitions of the following terms:
a. Accredited rescue unit
b. Combat agency
c. Control
d. Co-ordination.
“accredited rescue unit” means a rescue unit accredited by the Minister under Division 4 of Part 3.
“combat agency” means the agency identified in Displan 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.
What is an ‘emergency’, as detailed in Section 4 of the State Emergency and Rescue Management Act (1989)?
(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,
being an emergency which requires a significant and co-ordinated response.
Section 33 of the State Emergency and Rescue Management Act (1989) deals with the declaration of a state of emergency. State the provisions of this section.
33 Declaration of state of emergency
(1) If the Premier is satisfied that an emergency constitutes a significant and widespread danger to life or property in New South Wales, the Premier may, by order in writing, declare that a state of emergency exists in the whole, or in any specified part or parts, of New South Wales in relation to that emergency.
(2) The Premier may, by order in writing, revoke a declaration of a state of emergency at any time.
State the composition of the State Rescue Board, as detailed in Section 43 of the State Emergency and Rescue Management Act (1989).
43 Composition of Board
(1) The State Rescue Board is to consist of not less than 8 members, being:
(a) the State Emergency Operations Controller,
(b) the Commissioner of the State Emergency Service,
(c) a member of the NSW Police Force Senior Executive Service nominated by the Commissioner of Police,
(d) the Commissioner of New South Wales Fire Brigades,
(e) the Commissioner of the NSW Rural Fire Service,
(f) the State Superintendent of the New South Wales Ambulance Service,
(g) the President of the Volunteer Rescue Association of New South Wales, and
(g1) the Chairperson of the Volunteer Marine Rescue Council of New South Wales,
(h) the heads of any other volunteer rescue agencies approved for the time being by the Minister.
(2) One of the members of the Board is to be appointed as the Chairperson of the Board by the Minister.
Section 30 of the State Emergency and Rescue Management Act 1989 deals with the appointment of a Local Emergency Operations Controller. Who can be appointed as a LECON and what experience must they have?
(2) The person appointed:
(a) must be a police officer stationed within the district (established under section 21) in which the local government area is located, or, if that is not reasonably practicable, within a district that is, in the opinion of the District Emergency Operations Controller, nearby, and
(b) must be a person who, in the opinion of the District Emergency Operations Controller, has experience in emergency management.
Describe the contents of Section 50 “Police at scene to co-ordinate etc rescue operation” of the State Emergency and Rescue Management Act (1989).
50 Police at scene to co-ordinate etc rescue operation
(1) The senior police officer present at the scene of a rescue operation is responsible for co-ordinating and determining the priorities of action of the agencies engaged in the rescue operation.
(2) This section applies whether the agency so engaged in the rescue operation is a permanent or volunteer agency.
(3) This section does not apply to a rescue operation if the control of the rescue operation is vested by law in some other person or agency, such as:
(a) a rescue operation in which the person or property is endangered by fire and at which a member of a Fire Brigade is in charge, or
(b) a rescue operation which results from an emergency and which is subject to the control of some other person or agency in accordance with Part 2.
(4) This section applies despite anything to the contrary in any other Act.
What is the definition of a ‘casual volunteer’ as contained in Section 59 of the State Emergency and Rescue Management Act (1989)?
“casual volunteer” means a person who assists, on his or her own initiative, in a rescue operation or otherwise in response to an emergency in circumstances in which the assistance was reasonably given.
State the personal liability of members of rescue units and volunteers as detailed in Section 59 of the State Emergency and Rescue Management Act (1989).
59 Liability for actions of members of rescue units and volunteers
(1) Anything done or omitted to be done by an accredited rescue unit or by a person as a member of an accredited rescue unit or authorised volunteer does not, if done or omitted in good faith in connection with a rescue operation or otherwise in response to an emergency, subject the accredited rescue unit, the person or any other person to any action, liability, claim or demand.
(2) Anything done or omitted to be done by a casual volunteer does not, if done or omitted in good faith in connection with a rescue operation or otherwise in response to an emergency, subject the volunteer personally to any action, liability, claim or demand.
(3) In this section:
“accredited rescue unit” includes:
(a) a rescue unit (within the meaning of Division 4) engaged in surf life-saving, and
(b) any organisation or agency (other than a government agency) that manages or controls an accredited rescue unit.
“authorised volunteer” means a person who assists an accredited rescue unit in carrying out a rescue operation with the consent of the person in charge of the rescue operation.
“casual volunteer” means a person who assists, on his or her own initiative, in a rescue operation or otherwise in response to an emergency in circumstances in which the assistance was reasonably given.
State the provision contained in Section 62B of the State Emergency and Rescue Management Act (1989) to do with the ‘obstruction of members of rescue units’.
62B Obstruction of members of rescue units
A person must not obstruct or hinder a member of an accredited rescue unit acting in connection with a rescue operation or otherwise in response to an emergency.
Define ‘rescue’ as detailed in Section 3 of the State and Emergency Management Act (1989
“rescue” means the safe removal of persons or domestic animals from actual or threatened danger of physical harm.
