SOG

An Act relating to the management of State emergencies and rescues.

 

a) "accredited rescue unit" means a rescue unit accredited by the Minister under Division 4 of Part 3

b) "combat agency" means the agency identified in Displan as the agency primarily responsible for controlling the response to a particular emergency.

c) "control" means the overall direction of the activities, agencies or individuals concerned.

• d) "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.

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 

•      (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.

 

(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, 

•      (b) the protection of property includes a
• reference to the protection of the environment. 

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.


 

The Premier may, by order in writing, revoke a declaration of a state of emergency at any time.

(1) The State Rescue Board is to consist of not less than 8 members, being:

 

(a) the State Emergency Operations Controller,

(b) the Director-General 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.

 

1 The District Emergency Operations Controller is to appoint a Local Emergency Operations Controller for each local government area.

 

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.

• 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.

 

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.

 

This section applies despite anything to the contrary in the Fire Brigades Act 1909 , the Ambulance Services Act 1990 or any other Act. 

8. What is the definition of a 'casual volunteer' as contained in Section 59 of the State Emergency and Rescue Management Act (1989)? 

• 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. 

• 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.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both. 

Rescue, means the safe removal of persons or domestic animals from actual or threatened danger of physical harm.