Emergency Management Act 1986 (No. 30)

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 046 Emergency Management Act 1986 No. 30 of 1986 Authorised Version incorporating amendments as at 1 July 2014 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 1 3 Repeal 1 4 Definitions 1 4A Objectives of Act 8 PART 2—ADMINISTRATION 10 5 Role of Minister 10 7 Delegation by Minister 10 PART 4—RESPONSIBILITIES OF MUNICIPAL COUNCILS 13 18 Municipal councils may co-operate 13 19 Municipal councils may appoint a principal 13 20 Municipal emergency management plan 14 21 Municipal co-ordination and planning 15 21A Audit of municipal emergency management plans 16 PART 5—STATE OF DISASTER 18 22 Definitions 18 23 Power of Premier to declare state of disaster 18 24 Powers and duties of Minister 20 24A Offence of making false compensation claim 21 PART 6—COMPENSATION OF REGISTERED EMERGENCY WORKERS 23 25 Definitions 23 25A Application 23 27 When is compensation payable? 24 28 Compensation for personal injuries 24 29 Compensation for loss of or damage to property 25 Authorised by the Chief Parliamentary Counsel Section Page ii 30 Jurisdiction 26 31 Authority to represent Crown 26 32 Payments 27 33 Offence of making false compensation claim 27 34 Entitlement where damages otherwise payable 27 35 Funding of compensation scheme 28 PART 7—MISCELLANEOUS 29 36 Offence of obstructing, etc. emergency worker 29 36A Declaration of emergency area 29 36B Powers in respect of emergency area 30 36C Offences relating to declaration of emergency area 32 37 Immunity 32 39 Regulations 33 ═══════════════ ENDNOTES 34 1. General Information 34 2. Table of Amendments 35 3. Explanatory Details 39 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 046 Emergency Management Act 1986 No. 30 of 1986 Authorised Version incorporating amendments as at 1 July 2014 The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to provide for the organisation of emergency management in Victoria. 2 Commencement This Act comes into operation on a day or days to be proclaimed. 3 Repeal The State Disasters Act 1983 is repealed. 4 Definitions (1) In this Act— active standby duty means being available at a particular place so that assistance can be quickly provided in the event of an emergency or a request for assistance; agency means a government agency or a non government agency; * * * * * S. 1 substituted by No. 97/1994 s. 3. No. 10010. S. 4(1) def. of active standby duty inserted by No. 50/1989 s. 50(a). S. 4(1) def. of casual emergency worker inserted by No. 75/1986 s. 4, repealed by No. 97/1994 s. 4(1). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Emergency Management Act 1986 No. 30 of 1986 2 * * * * * * * * * * * * * * * * * * * * * * * * * S. 4(1) def. of chief officer inserted by No. 73/2010 s. 35, repealed by No. 73/2013 s. 78(1). S. 4(1) def. of Commis sioner inserted by No. 48/2000 s. 4, amended by No. 108/2004 s. 117(1) (Sch. 3 item 65.1), repealed by No. 73/2013 s. 78(1). s. 4 S. 4(1) def. of Co-ordinator in Chief amended by No. 97/1994 s. 7(1)(a), repealed by No. 56/2011 s. 5(a). S. 4(1) def. of Council amended by No. 97/1994 s. 7(1)(b), repealed by No. 73/2013 s. 78(1). S. 4(1) def. of Deputy Co ordinator in Chief amended by No. 97/1994 s. 7(1)(a), repealed by No. 56/2011 s. 5(a). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Emergency Management Act 1986 No. 30 of 1986 3 * * * * * emergency means an emergency due to the actual or imminent occurrence of an event which in any way endangers or threatens to endanger the safety or health of any person in Victoria or which destroys or damages, or threatens to destroy or damage, any property in Victoria or endangers or threatens to endanger the environment or an element of the environment in Victoria including, without limiting the generality of the foregoing— (a) an earthquake, flood, wind-storm or other natural event; and (b) a fire; and (c) an explosion; and (d) a road accident or any other accident; and (e) a plague or an epidemic or contamination; and (f) a warlike act or act of terrorism, whether directed at Victoria or a part of Victoria or at any other State or Territory of the Commonwealth; and (g) a hi-jack, siege or riot; and (h) a disruption to an essential service; S. 4(1) def. of DISPLAN amended by No. 97/1994 s. 7(1)(c), repealed by No. 56/2011 s. 9(1)(a). S. 4(1) def. of emergency amended by Nos 97/1994 s. 4(2)(a)(b), 50/1999 s. 34(1)(a), 56/2011 s. 10. s. 4 Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Emergency Management Act 1986 No. 30 of 1986 4 emergency activity means— (a) performing a role or discharging a responsibility of an agency in accordance with the state emergency response plan or the state emergency recovery plan; or (b) training or practising for an activity referred to in paragraph (a) or being on active standby duty; or (c) travelling to or from the place where an activity referred to in paragraph (a) or (b) has occurred or is to occur; emergency area means an emergency area declared under section 36A; emergency management means the organisation and management of resources for dealing with all aspects of emergencies; Emergency Management Commissioner has the same meaning as it has in section 3 of the Emergency Management Act 2013; emergency services agency means any of the following— (a) the Country Fire Authority established under the Country Fire Authority Act 1958; (b) the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958; S. 4(1) def. of emergency activity inserted by No. 97/1994 s. 4(3), amended by No. 56/2011 s. 9(1)(b). S. 4(1) def. of emergency area inserted by No. 97/1994 s. 4(3). s. 4 S. 4(1) def. of emergency management inserted by No. 97/1994 s. 4(3). S. 4(1) def. of Emergency Management Commis sioner inserted by No. 73/2013 s. 78(2). S. 4(1) def. of emergency services agency inserted by No. 48/2000 s. 4, amended by No. 51/2005 s. 58(2). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Emergency Management Act 1986 No. 30 of 1986 5 (c) the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005; (d) any other prescribed agency; Emergency Services Telecommunications Authority has the same meaning as Authority has in the Emergency Services Telecommunications Authority Act 2004; essential service means any of the following services— (a) transport; (b) fuel (including gas); (c) light; (d) power; (e) water; (f) sewerage; (g) a service (whether or not of a type similar to the foregoing) declared to be an essential service by the Governor in Council under subsection (2); * * * * * S. 4(1) def. of Emergency Services Telecom munications Authority inserted by No. 98/2004 s. 36. S. 4(1) def. of essential service inserted by No. 50/1999 s. 34(1)(b). s. 4 S. 4(1) def. of fire services agency inserted by No. 73/2010 s. 35, repealed by No. 73/2013 s. 78(1). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Emergency Management Act 1986 No. 30 of 1986 6 * * * * * government agency means— (a) any body corporate or unincorporate constituted by or under any Act for a public purpose; and (b) any member or officer of such a body; and (c) any person in the service of the Crown in the right of the State of Victoria upon whom any function, power, duty or responsibility is conferred by or under any Act; * * * * * non-government agency means a voluntary organization or any other person or body other than a government agency; police officer has the same meaning as in the Victoria Police Act 2013; * * * * * S. 4(1) def. of Fire Services Commis sioner inserted by No. 73/2010 s. 35, repealed by No. 73/2013 s. 78(1). S. 4(1) def. of major fire inserted by No. 73/2010 s. 35, repealed by No. 73/2013 s. 78(1). s. 4 S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 52.1). S. 4(1) def. of region repealed by No. 97/1994 s. 8(a). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Emergency Management Act 1986 No. 30 of 1986 7 * * * * * * * * * * * * * * * volunteer emergency worker means a volunteer worker who engages in emergency activity at the request (whether directly or indirectly) or with the express or implied consent of the chief executive (however designated), or of a person acting with the authority of the chief executive, of an agency to which the state emergency response plan or the state emergency recovery plan applies; * * * * * S. 4(1) def. of state emergency recovery plan inserted by No. 56/2011 s. 9(1)(c), repealed by No. 73/2013 s. 78(1). S. 4(1) def. of State Coordinator substituted as State Emergency Response Coordinator by No. 56/2011 s. 5(b), repealed by No. 73/2013 s. 78(1). S. 4(1) def. of state emergency response plan inserted by No. 56/2011 s. 9(1)(c), repealed by No. 73/2013 s. 78(1). S. 4(1) def. of volunteer emergency worker inserted by No. 97/1994 s. 4(3), amended by No. 56/2011 s. 9(1)(b). s. 4 S. 4(1) def. of zone repealed by No. 97/1994 s. 8(a). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Emergency Management Act 1986 No. 30 of 1986 8 (2) The Governor in Council, by order published in the Government Gazette, may declare a service to be an essential service for the purposes of this Act. * * * * * * * * * * 4A Objectives of Act The objectives of this Act are to ensure that the following components of emergency management are organised within a structure which facilitates planning, preparedness, operational co-ordination and community participation— (a) prevention—the elimination or reduction of the incidence or severity of emergencies and the mitigation of their effects; (b) response—the combating of emergencies and the provision of rescue and immediate relief services; S. 4(2) inserted by No. 50/1999 s. 34(2). S. 4(2) repealed by No. 97/1994 s. 4(4), new s. 4(2) inserted by No. 86/1998 s. 19, re-numbered s. 4(3) by No. 74/2000 s. 3(Sch. 1 item 40), substituted by No. 59/2003 s. 117, repealed by No. 74/2006 s. 24. S. 4(3) repealed by No. 75/1986 s. 5. S. 4A inserted by No. 97/1994 s. 5. s. 4A Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Emergency Management Act 1986 No. 30 of 1986 9 (c) recovery—the assisting of persons and communities affected by emergencies to achieve a proper and effective level of functioning. s. 4A Authorised by the Chief Parliamentary Counsel Part 2—Administration Emergency Management Act 1986 No. 30 of 1986 10 PART 2—ADMINISTRATION 5 Role of Minister (1) The role of the Minister is to ensure that satisfactory emergency management arrangements are in place to facilitate the prevention of, response to and recovery from emergencies. (2) The Minister is not responsible for operational matters in relation to emergency management. * * * * * 7 Delegation by Minister The Minister may by instrument delegate to the Emergency Management Commissioner or any other person any power or function of the Minister under this Act or the regulations other than this power of delegation. * * * * * * * * * * S. 5 amended by No. 97/1994 s. 7(1)(d)(e), substituted by No. 56/2011 s. 6. S. 6 amended by No. 97/1994 s. 6, substituted by No. 56/2011 s. 6, repealed by No. 73/2013 s. 78(3). S. 7 substituted by No. 56/2011 s. 6, amended by No. 73/2013 s. 78(4). s. 5 S. 8 amended by Nos 75/1986 s. 6, 97/1994 s. 7(1)(f), 48/2000 s. 5, 56/2011 s. 7(1), repealed by No. 73/2013 s. 78(3). S. 9 amended by No. 56/2011 s. 7(1)(2), repealed by No. 73/2013 s. 78(3). Authorised by the Chief Parliamentary Counsel Emergency Management Act 1986 No. 30 of 1986 11 * * * * * S. 9A inserted by No. 3/1999 s. 5, substituted by No. 56/2011 s. 11, repealed by No. 73/2013 s. 78(3). s. 9A Authorised by the Chief Parliamentary Counsel Emergency Management Act 1986 No. 30 of 1986 12 * * * * * * * * * * Pt 3 (Heading and ss 10–17) amended by Nos 75/1986 ss 7, 8, 97/1994 ss 7(1)(f)(g), 8(b)–(f), 9, 10, 46/1998 s. 7(Sch. 1), 73/2009 s. 9, 73/2010 s. 36, 56/2011 ss 7(1)(3), 8, 9(2)–(9), 12–14, 37/2014 s. 10(Sch. item 52.2), repealed by No. 73/2013 s. 78(3). s. 10 Pt 3A (Heading and ss 17A–17F) inserted by No. 97/1994 s. 11, amended by No. 56/2011 s. 7(1)(4), repealed by No. 73/2013 s. 78(3). Authorised by the Chief Parliamentary Counsel Part 4—Responsibilities of Municipal Councils Emergency Management Act 1986 No. 30 of 1986 13 PART 4—RESPONSIBILITIES OF MUNICIPAL COUNCILS 18 Municipal councils may co-operate (1) For the purposes of this Part, 2 or more municipal councils may co-operate in relation to emergency management. (2) Unless section 19 applies, although 2 or more municipal councils may plan and act jointly in relation to emergency management, each of the municipal councils is separately responsible for discharging the responsibilities imposed on a municipal council by or under this Part. 19 Municipal councils may appoint a principal (1) For the purposes of this Part, 2 or more municipal councils may, with the approval of the Minister, appoint one of the municipal councils to be the principal municipal council in relation to emergency management. Pt 4 (Heading and ss 18–21) amended by No. 12/1989 s. 4(1)(Sch. 2 items 34.1–34.7 (as amended by No. 13/1990 s. 38(1)(m)), 34.8, 34.9), substituted as Pt 4 (Heading and ss 18–21A) by No. 97/1994 s. 12. S. 18 substituted by No. 97/1994 s. 12. s. 18 S. 19 substituted by No. 97/1994 s. 12. S. 19(1) amended by No. 56/2011 s. 7(1). Authorised by the Chief Parliamentary Counsel Part 4—Responsibilities of Municipal Councils Emergency Management Act 1986 No. 30 of 1986 14 (2) If a principal municipal council is appointed, this Part applies as if— (a) a reference to a municipal council is a reference to the principal municipal council; and (b) a reference to a municipal district is a reference to the whole area of the municipal districts of all the municipal councils which have appointed the principal municipal council. 20 Municipal emergency management plan (1) A municipal council must prepare and maintain a municipal emergency management plan. (2) A municipal emergency management plan must contain provisions— (a) identifying the municipal resources (being resources owned by or under the direct control of the municipal council) and other resources available for use in the municipal district for emergency prevention, response and recovery; and (b) specifying how such resources are to be used for emergency prevention, response and recovery; and (ba) in the case of a municipal district that is located wholly or partly in the country area of Victoria within the meaning of the Country Fire Authority Act 1958— (i) identifying all designated neighbourhood safer places in the municipal district or, if no places have been designated under the Country Fire Authority Act 1958, recording that fact; and S. 20 substituted by No. 97/1994 s. 12. s. 20 S. 20(2)(ba) inserted by No. 73/2009 s. 10. Authorised by the Chief Parliamentary Counsel Part 4—Responsibilities of Municipal Councils Emergency Management Act 1986 No. 30 of 1986 15 (ii) identifying any places in the municipal district that are community fire refuges within the meaning of section 50A of the Country Fire Authority Act 1958; and (c) relating to any matter prescribed for the purposes of this subsection. 21 Municipal co-ordination and planning (1) A municipal council must appoint a person or persons to be the municipal emergency resource officer or municipal emergency resource officers. (2) A municipal emergency resource officer is responsible to the municipal council for ensuring the co-ordination of municipal resources to be used in emergency response and recovery. (3) A municipal council must appoint a municipal emergency planning committee constituted by persons appointed by the municipal council being members and employees of the municipal council, response and recovery agencies and local community groups involved in emergency management issues. (4) The function of a municipal emergency planning committee is to prepare a draft municipal emergency management plan for consideration by the municipal council. (5) A municipal emergency planning committee must give effect to any direction or guidelines issued by the Minister. (6) Subject to the regulations, a municipal emergency planning committee may determine its own procedures. S. 20(2)(ba)(ii) substituted by No. 41/2014 s. 12. S. 21 substituted by No. 97/1994 s. 12. s. 21 S. 21(5) amended by No. 56/2011 s. 7(1). Authorised by the Chief Parliamentary Counsel Part 4—Responsibilities of Municipal Councils Emergency Management Act 1986 No. 30 of 1986 16 21A Audit of municipal emergency management plans (1) A municipal emergency management plan must be audited during the period commencing 1 July 1995 and ending 31 December 1996 and thereafter at least once every 3 years by the Chief Officer, Operations of the Victoria State Emergency Service to assess whether the plan complies with guidelines issued by the Minister. (2) The Chief Officer, Operations of the Victoria State Emergency Service must during the audit invite submissions on the municipal plan from the regional emergency response committee and the regional recovery committee. (3) A municipal council must within 3 months of receiving an audit report forward a copy of its written response to the audit report to the Chief Officer, Operations of the Victoria State Emergency Service. S. 21A inserted by No. 97/1994 s. 12. s. 21A S. 21A(1) amended by No. 56/2011 ss 7(1), 15. S. 21A(2) amended by No. 56/2011 ss 9(10), 15. S. 21A(3) amended by No. 56/2011 s. 15. Authorised by the Chief Parliamentary Counsel Part 4—Responsibilities of Municipal Councils Emergency Management Act 1986 No. 30 of 1986 17 * * * * * Pt 4A (Heading and ss 21B–21I) inserted by No. 48/2000 s. 6, amended by Nos 98/2004 ss 37–40, 108/2004 s. 117(1)(Sch. 3 item 65.2), 73/2010 ss 37–40, repealed by No. 73/2013 s. 78(3). s. 21B Authorised by the Chief Parliamentary Counsel Part 5—State of Disaster Emergency Management Act 1986 No. 30 of 1986 18 PART 5—STATE OF DISASTER 22 Definitions (1) In this Part— disaster area means that part or those parts of Victoria in which a state of disaster is declared under section 23(1) to exist; subordinate instrument has the same meaning as it has in the Interpretation of Legislation Act 1984. (2) For the purposes of this Part, a rail corporation within the meaning of the Rail Management Act 1996 is deemed to be a government agency. (3) Subsection (2) does not prevent a rail corporation deemed by that subsection to be a government agency from receiving compensation under section 24 for the taking and use of its property. 23 Power of Premier to declare state of disaster (1) If there is an emergency which the Premier of Victoria after considering the advice of the Minister and the Emergency Management Commissioner is satisfied constitutes or is likely to constitute a significant and widespread danger to life or property in Victoria, the Premier may declare a state of disaster to exist in the whole or in any part or parts of Victoria. (1A) The Premier must not make a declaration under this section for the purpose of taking action against any person or body of persons in the circumstances to which section 4(1) of the Essential Services Act 1958 applies. S. 22 amended by No. 104/1997 s. 44 (ILA s. 39B(1)). s. 22 S. 22(2) inserted by No. 104/1997 s. 44, amended by No. 6/2010 s. 203(1)(Sch. 6 item 18) (as amended by No. 45/2010 s. 22). S. 22(3) inserted by No. 104/1997 s. 44. S. 23(1) amended by Nos 56/2011 ss 7(1), 8(3), 73/2013 s. 78(4). S. 23(1A) inserted by No. 75/1986 s. 9. Authorised by the Chief Parliamentary Counsel Part 5—State of Disaster Emergency Management Act 1986 No. 30 of 1986 19 (2) The Premier may at any time revoke or vary a declaration under this section. (3) Immediately upon the making, revocation or variation of a declaration under this section, a state of disaster exists, ceases to exist or exists as so varied (as the case requires) for the purposes of this Part. (4) As soon as practicable after the making, revocation or variation of a declaration under this section the Premier must cause notice of the making, revocation or variation of the declaration to be broadcast from a broadcasting station in Victoria and to be published (with, in the case of the making or variation of a declaration, a copy of the declaration) in the Government Gazette. (5) Production of a Government Gazette purporting to contain— (a) notice of the making, revocation or variation of a declaration under this section is evidence of that making, revocation or variation (as the case requires); and (b) a copy of the declaration under this section is evidence of the terms of the declaration. (6) A declaration under this section remains in force for not more than one month, but another declaration may be made before, at or after the end of that period. (7) If a state of disaster has been declared under this section the Premier must report on the state of disaster and the powers exercised under section 24 to both Houses of Parliament as soon as practicable after the declaration if Parliament is then sitting and if Parliament is not then sitting as soon as practicable after the next meeting of Parliament. s. 23 Authorised by the Chief Parliamentary Counsel Part 5—State of Disaster Emergency Management Act 1986 No. 30 of 1986 20 24 Powers and duties of Minister (1) In a state of disaster, the Minister is responsible for directing and co-ordinating the activities of all government agencies, and the allocation of all available resources of the Government, which the Minister considers necessary or desirable for responding to the disaster. (2) In addition to and without in any way limiting the generality of subsection (1), in a state of disaster the Minister may— (a) direct any government agency to do or refrain from doing any act, or to exercise or perform or refrain from exercising or performing any function, power, duty or responsibility; and (b) if it appears to the Minister that compliance by a government agency with an Act or subordinate instrument, which prescribes the functions powers duties and responsibilities of that agency, would inhibit response to or recovery from the disaster, declare that the operation of the whole or any part of that Act or subordinate instrument is suspended; and (c) take possession and make use of any person's property as the Minister considers necessary or desirable for responding to the disaster; and (d) control and restrict entry into, movement within and departure from the disaster area or any part of it; and (e) compel the evacuation of any or all persons from the disaster area or any part of it. S. 24 (Heading) inserted by No. 56/2011 s. 7(5). s. 24 S. 24(1) amended by No. 56/2011 s. 7(1). S. 24(2) amended by No. 56/2011 s. 7(1). S. 24(2)(b) amended by No. 56/2011 s. 7(1). S. 24(2)(c) amended by No. 56/2011 s. 7(1). Authorised by the Chief Parliamentary Counsel Part 5—State of Disaster Emergency Management Act 1986 No. 30 of 1986 21 (3) If a direction is given to a government agency under subsection (2)(a)— (a) the government agency must comply with the direction; and (b) the direction prevails over anything to the contrary in any Act or law. (4) A declaration made under subsection (2)(b) has effect according to its tenor until a further declaration is made by the Minister reviving the operation of the Act or subordinate instrument. (5) If the property of a person is taken or used under subsection (2)(c) that person may receive such compensation as is determined by the Minister. (6) A person referred to in subsection (5) may apply to the Victorian Civil and Administrative Tribunal for review of any determination made by the Minister under that subsection. (7) The power of the Minister under subsection (2)(e) may not be exercised so as to compel the evacuation of a person from any land or building if the person has a pecuniary interest in the land or building or in any goods or valuables on the land or in the building. 24A Offence of making false compensation claim (1) A person must not, in or in connection with any claim for compensation under section 24(5), make a statement to the Minister or any other person that the person knows is false or misleading in a material particular. Penalty: 60 penalty units. S. 24(4) amended by No. 56/2011 s. 7(1). S. 24(5) amended by No. 56/2011 s. 7(1). S. 24(6) amended by Nos 52/1998 s. 311(Sch. 1 item 24.1), 56/2011 s. 7(1). s. 24 S. 24(7) amended by No. 56/2011 s. 7(1). S. 24A inserted by No. 5/2012 s. 104. Authorised by the Chief Parliamentary Counsel Part 5—State of Disaster Emergency Management Act 1986 No. 30 of 1986 22 (2) A person must not, in or in connection with any claim for compensation under section 24(5), knowingly mislead, or attempt to mislead, the Minister or any other person. Penalty: 60 penalty units. s. 24A Authorised by the Chief Parliamentary Counsel Part 6—Compensation of Registered Emergency Workers Emergency Management Act 1986 No. 30 of 1986 23 PART 6—COMPENSATION OF REGISTERED EMERGENCY WORKERS 25 Definitions In this Part— Authority means the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013; * * * * * * * * * * * * * * * 25A Application This Part does not apply to a person entitled to compensation under the Accident Compensation Act 1985, the Workplace Injury Rehabilitation and Compensation Act 2013, Part 4 of the Victoria State Emergency Service Act 2005, Part V of the Country Fire Authority Act 1958 or regulations under that Act. s. 25 S. 25 def. of Authority inserted by No. 50/1994 s. 126(1)(a), amended by No. 67/2013 s. 649(Sch. 9 item 14(1)). S. 25 def. of Commission repealed by No. 50/1994 s. 126(1)(a). S. 25 def. of registered emergency worker repealed by No. 97/1994 s. 13. S. 25 def. of Tribunal repealed by No. 50/1994 s. 126(1)(b). S. 25A inserted by No. 75/1986 s. 10, amended by Nos 57/1987 s. 33(2), 51/2005 s. 58(3), 67/2013 s. 649(Sch. 9 item 14(2)). Authorised by the Chief Parliamentary Counsel Part 6—Compensation of Registered Emergency Workers Emergency Management Act 1986 No. 30 of 1986 24 * * * * * 27 When is compensation payable? Compensation is payable under this Part if a volunteer emergency worker suffers personal injury (including death) or loss of or damage to property belonging to the worker or in the worker's possession or control while engaged in emergency activity. 28 Compensation for personal injuries (1) Compensation for personal injury (including death) is to be paid in accordance with and subject to the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as the case requires to, or for the benefit of, those persons to whom, or for whose benefit, compensation would be payable under that Act if— (a) the volunteer emergency worker had been, at the time the personal injury was suffered, a worker employed by the Crown; and (b) the personal injury had arisen out of or in the course of that employment— within the meaning of that Act. (2) For the purpose of assessing the amount of any compensation payable under this section, the average weekly earnings of a volunteer emergency worker are to be computed by reference to the worker's employment during the relevant period before the personal injury was suffered or (if the worker was not then working S. 26 amended by No. 75/1986 s. 11, repealed by No. 97/1994 s. 14. S. 27 amended by Nos 75/1986 s. 12(1), 50/1989 s. 50(b), substituted by No. 97/1994 s. 14. s. 27 S. 28(1) amended by No. 67/2013 s. 649(Sch. 9 item 14(3)(a)). S. 28(1)(a) amended by Nos 75/1986 s. 12(1), 97/1994 s. 15(1). S. 28(2) amended by Nos 75/1986 s. 12(1), 97/1994 s. 15(1), 67/2013 s. 649(Sch. 9 item 14(3)(b)). Authorised by the Chief Parliamentary Counsel Part 6—Compensation of Registered Emergency Workers Emergency Management Act 1986 No. 30 of 1986 25 under a contract of service) upon such basis as is best calculated to give the appropriate compensation for loss of earning capacity, but so that any relevant maximum limits imposed by the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 are not exceeded. (3) For the purposes of enabling the return to work of a volunteer emergency worker who suffers a personal injury while engaged in emergency activity, the Authority may— (a) plan the worker's return to work under the Workplace Injury Rehabilitation and Compensation Act 2013; (b) approve a provider of occupational rehabilitation services for the purposes of planning the worker's return to work under paragraph (a); (c) provide alternative assistance or programs to the worker or in respect of the employment of the worker. (4) Any costs and expenses incurred as a result of subsection (3) are to be paid by the Authority under section 32(2) as if the costs and expenses were a payment of compensation and section 32(3) shall apply accordingly. 29 Compensation for loss of or damage to property Compensation for loss of or damage to property is to be such as the Minister considers reasonable in the circumstances and is to be paid to the owner of the property or to any person interested in it. S. 28(3) inserted by No. 97/1994 s. 15(2). S. 28(3)(a) amended by Nos 9/2010 s. 137(a), 67/2013 s. 649(Sch. 9 item 14(3)(c)). S. 28(3)(b) amended by No. 9/2010 s. 137(b). S. 28(4) inserted by No. 97/1994 s. 15(2). s. 29 Authorised by the Chief Parliamentary Counsel Part 6—Compensation of Registered Emergency Workers Emergency Management Act 1986 No. 30 of 1986 26 30 Jurisdiction Where any question or matter arises under this Part (other than section 29), including any question as to the amount of any compensation payable or the existence and extent of dependency, the County Court, the Magistrates' Court and the Victorian Civil and Administrative Tribunal shall have under this Act the same jurisdiction to hear and determine the question or matter as though it were a question or matter that arose under the Workers Compensation Act 1958 or the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 (as the case requires), and where the County Court, the Magistrates' Court or the Victorian Civil and Administrative Tribunal exercises that jurisdiction such of the provisions of those Acts as are applicable shall with the necessary adaptations and modifications apply. 31 Authority to represent Crown In all proceedings before the County Court, the Magistrates' Court or the Victorian Civil and Administrative Tribunal and generally in regard to claims for compensation and the payment of compensation under section 28, the Authority shall represent the Crown and shall have the same powers, rights and authorities as an employer has under the Workers Compensation Act 1958, the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 (as the case requires) in regard to the corresponding matter relating to a worker under that Act. S. 30 substituted by No. 50/1994 s. 126(2), amended by Nos 52/1998 s. 311(Sch. 1 item 24.2), 67/2013 s. 649(Sch. 9 item 14(4)). S. 31 substituted by No. 50/1994 s. 126(2), amended by Nos 52/1998 s. 311(Sch. 1 item 24.2), 67/2013 s. 649(Sch. 9 item 14(5)). s. 30 Authorised by the Chief Parliamentary Counsel Part 6—Compensation of Registered Emergency Workers Emergency Management Act 1986 No. 30 of 1986 27 32 Payments (1) The Authority is entitled to the reimbursement of its reasonable costs and expenses incurred in representing the Crown under section 31. (2) The Authority must make any payment of compensation under section 28 out of the WorkCover Authority Fund under the Workplace Injury Rehabilitation and Compensation Act 2013. (3) There is to be paid into the WorkCover Authority Fund out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly— (a) the amounts to be reimbursed under subsection (1); and (b) the amount of any payments under subsection (2). 33 Offence of making false compensation claim (1) A person must not, in or in connection with any claim for compensation under this Part, make a statement to the Minister or any other person that the person knows is false or misleading in a material particular. Penalty: 60 penalty units. (2) A person must not, in or in connection with any claim for compensation under this Part, knowingly mislead, or attempt to mislead, the Minister or any other person. Penalty: 60 penalty units. 34 Entitlement where damages otherwise payable (1) A person is not entitled to recover, in respect of personal injury or loss of or damage to property, both compensation under this Part and damages and if a person so recovers both compensation and S. 32 substituted by No. 50/1994 s. 126(2). S. 32(2) amended by No. 67/2013 s. 649(Sch. 9 item 14(6)). S. 33 repealed by No. 50/1994 s. 126(2), new s. 33 inserted by No. 5/2012 s. 105. s. 32 Authorised by the Chief Parliamentary Counsel Part 6—Compensation of Registered Emergency Workers Emergency Management Act 1986 No. 30 of 1986 28 damages the amount of the compensation may be recovered from the person by the Minister in a Court of competent jurisdiction as a debt due by that person to the Crown. (2) If compensation has been paid under this Part and the personal injury, loss or damage in respect of which it was paid was caused under circumstances creating a liability in some person other than the volunteer emergency worker to pay damages in respect thereof, the Minister may take proceedings against that person in a Court of competent jurisdiction to recover— (a) the amount of compensation; or (b) the amount of the damages— whichever is less. 35 Funding of compensation scheme Any compensation payable under section 24 or section 29 and any expenses incurred in the administration of section 24 or section 29 are to be paid out of the Consolidated Fund, which is hereby to the necessary extent appropriated accordingly. S. 34(2) amended by Nos 75/1986 s. 12(1), 97/1994 s. 16. S. 35 amended by No. 50/1994 s. 126(3). s. 35 Authorised by the Chief Parliamentary Counsel Part 7—Miscellaneous Emergency Management Act 1986 No. 30 of 1986 29 PART 7—MISCELLANEOUS 36 Offence of obstructing, etc. emergency worker (1) A person, other than a person engaging in an emergency activity, must not, without reasonable excuse, obstruct, hinder or in any way interfere with a person engaging in an emergency activity. Penalty: 60 penalty units. * * * * * 36A Declaration of emergency area (1) If the most senior police officer in attendance at an emergency, being a police officer of or above the rank of senior sergeant, is of the opinion that because of the size, nature or location of an emergency it is necessary to exclude persons from the area of the emergency so as to ensure— (a) public safety; or (b) security of evacuated premises; or (c) the safety of, or prevention of obstruction, hindrance or interference to, persons engaging in emergency activity— that police officer may declare the area to be an emergency area. (2) The declaration of an emergency area must be in writing and may be varied or revoked in writing. S. 36 substituted by No. 75/1986 s. 13. s. 36 S. 36(1) amended by No. 5/2012 s. 106. S. 36(2) repealed by No. 97/1994 s. 17. S. 36A inserted by No. 97/1994 s. 18. S. 36A(1) amended by Nos 5/2012 s. 107(1), 37/2014 s. 10(Sch. item 52.3). Authorised by the Chief Parliamentary Counsel Part 7—Miscellaneous Emergency Management Act 1986 No. 30 of 1986 30 (3) A copy of the declaration or a sign in a form authorised by the Emergency Management Commissioner and containing the words "Declared Emergency Area" must be posted at the emergency area or as near as possible to that area while the declaration is in force. (4) The declaration of an emergency area must be revoked immediately upon the circumstances in subsection (1) ceasing to apply. (5) If the declaration of an emergency area has not been revoked within the period of 48 hours after it is declared, the declaration is revoked at the end of the period unless subsection (6) applies. (6) The Emergency Management Commissioner may if he or she is satisfied that the circumstances in subsection (1) still apply, extend the declaration of an emergency area for a further period not exceeding 48 hours. (7) The Emergency Management Commissioner must publish a notice of the declaration and revocation of an emergency area in the Government Gazette. 36B Powers in respect of emergency area (1) If a declaration of an emergency area is made under section 36A, a police officer may exercise the following powers— (a) close or cause to be closed any road, footpath or open space otherwise providing access to the emergency area; (b) prohibit any person or vehicle from entering or passing through the emergency area; S. 36A(3) amended by Nos 56/2011 s. 8(3), 5/2012 s. 107(2), 73/2013 s. 78(4). S. 36A(5) amended by No. 5/2012 s. 107(3). S. 36A(6) amended by Nos 56/2011 s. 8(3), 5/2012 s. 107(3), 73/2013 s. 78(4). S. 36A(7) amended by Nos 56/2011 s. 8(3), 73/2013 s. 78(4). S. 36B inserted by No. 97/1994 s. 18. s. 36B S. 36B(1) amended by Nos 5/2012 s. 108(1), 37/2014 s. 10(Sch. item 52.4(a)(i)). Authorised by the Chief Parliamentary Counsel Part 7—Miscellaneous Emergency Management Act 1986 No. 30 of 1986 31 (c) direct any person on any road or footpath or in any open space or in any vehicle on any road, footpath or open space, within the emergency area to immediately leave the emergency area by the safest and shortest route; (d) authorise a person to enter or remain in the emergency area subject to such conditions as the police officer considers appropriate. (2) Subsection (1) also empowers a prohibition or direction to be given to a person who claims a pecuniary interest in property in the emergency area or goods or valuables in that property and is not in that property. (3) Subsection (1)(d) also empowers an authorisation subject to conditions to be given to a person who claims a pecuniary interest in property in the emergency area or goods or valuables in that property and is on that property. (4) A direction, prohibition or authorisation under subsection (1) may be broadcast, televised or communicated from a broadcasting station, television station or other communication centre in an announcement authorised by the Emergency Management Commissioner. (5) If a police officer has reason to suspect that an offence against this Act is being or is about to be committed, the police officer may order a person to leave the emergency area and may use such force as is reasonable necessary to remove the person from the emergency area or to prevent the person from entering the emergency area. S. 36B(1)(d) amended by No. 37/2014 s. 10(Sch. item 52.4(a)(ii)). s. 36B S. 36B(4) amended by Nos 56/2011 s. 8(3), 73/2013 s. 78(4). S. 36B(5) amended by Nos 5/2012 s. 108(2), 37/2014 s. 10(Sch. item 52.4(b)). Authorised by the Chief Parliamentary Counsel Part 7—Miscellaneous Emergency Management Act 1986 No. 30 of 1986 32 36C Offences relating to declaration of emergency area (1) A person must not, without reasonable excuse, fail to obey a prohibition or direction given under section 36B(1). Penalty: 10 penalty units. (1A) A person who is authorised under section 36B(1)(d) to enter or remain in an emergency area must not, without reasonable excuse, fail to comply with the conditions of the authorisation. Penalty: 10 penalty units. (2) A person who under section 36B(5) is ordered to leave or removed from the emergency area or prevented from entering the emergency area must not enter or attempt to enter the emergency area. Penalty: 120 penalty units. 37 Immunity A volunteer emergency worker is not personally liable in respect of any loss or injury sustained by any other person as a result of the engagement of the volunteer emergency worker in emergency activity unless the loss or injury is caused by the negligence or wilful default of that worker. S. 36C (Heading) inserted by No. 5/2012 s. 109(1). S. 36C inserted by No. 97/1994 s. 18. s. 36C S. 36C(1) substituted by No. 5/2012 s. 109(2). S. 36C(1A) inserted by No. 5/2012 s. 109(2). S. 36C(2) amended by No. 5/2012 s. 109(3). S. 37 amended by No. 75/1986 s. 12(2)(a)(b), substituted by No. 97/1994 s. 19. Authorised by the Chief Parliamentary Counsel Emergency Management Act 1986 No. 30 of 1986 33 * * * * * 39 Regulations The Governor in Council may make regulations, subject to the regulations being disallowed by Parliament, for or with respect to— (a) the registration of persons under section 26; and (b) the training of members and officers of non government agencies for which a role is defined, or on which a responsibility is conferred, by the state emergency response plan or the state emergency recovery plan under the Emergency Management Act 2013; and (c) prescribing conditions of issue and use of property issued to municipal councils for the purpose of emergency management; and (d) prescribing fees for training courses conducted by the Minister; and (e) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. ═══════════════ S. 38 amended by Nos 52/1998 s. 311(Sch. 1 item 24.3), 56/2011 s. 7(1), repealed by No. 5/2012 s. 110. S. 39 amended by No. 75/1986 s. 14. S. 39(b) amended by Nos 56/2011 ss 9(4), 16, 73/2013 s. 78(5). S. 39(d) amended by No. 56/2011 s. 7(1). s. 39 Authorised by the Chief Parliamentary Counsel Emergency Management Act 1986 No. 30 of 1986 34 ENDNOTES 1. General Information Minister's second reading speech: Legislative Assembly: 27 March 1986 Legislative Council: 8 May 1986 The long title for the Bill for this Act "A Bill to provide for the management and organization of the prevention of, response to and recovery from emergencies, to repeal the State Disasters Act 1983 and for other purposes.". The Emergency Management Act 1986 was assented to on 20 May 1986 and came into operation as follows: Sections 1–7, 10–17, 22–24, 36, 39 on 27 June 1986: Government Gazette 18 June 1986 page 2066; rest of Act on 3 December 1986: Government Gazette 3 December 1986 page 4540. Endnotes Authorised by the Chief Parliamentary Counsel Emergency Management Act 1986 No. 30 of 1986 35 2. Table of Amendments This Version incorporates amendments made to the Emergency Management Act 1986 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Emergency Management (Amendment) Act 1986, No. 75/1986 Assent Date: 18.11.86 Commencement Date: 18.11.86 Current State: All of Act in operation Victoria State Emergency Service Act 1987, No. 57/1987 Assent Date: 27.10.87 Commencement Date: 2.5.88: Special Gazette (No. 30) 28.4.88 p. 1 Current State: All of Act in operation Local Government (Consequential Provisions) Act 1989, No. 12/1989 (as amended by No. 13/1990) Assent Date: 9.5.89 Commencement Date: S. 4(1)(Sch. 2 item 34.1–34.9) on 1.1.89: Government Gazette 1.11.89 p. 2798 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Fire Authorities Act 1989, No. 50/1989 Assent Date: 14.6.89 Commencement Date: S. 50 on 1.7.89: Government Gazette 28.6.89 p. 1559 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Accident Compensation (Amendment) Act 1994, No. 50/1994 Assent Date: 15.6.94 Commencement Date: S. 126 on 24.6.94: Special Gazette (No. 37) 24.6.94 p. 2—see Interpretation of Legislation Act 1984 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Emergency Management (Amendment) Act 1994, No. 97/1994 Assent Date: 13.12.94 Commencement Date: 13.12.94 Current State: All of Act in operation Rail Corporations (Amendment) Act 1997, No. 104/1997 Assent Date: 16.12.97 Commencement Date: S. 44 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Endnotes Authorised by the Chief Parliamentary Counsel Emergency Management Act 1986 No. 30 of 1986 36 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 24) on 1.7.98: Government Gazette 18.6.98 p. 1512 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Local Government (Governance and Melton) Act 1998, No. 86/1998 Assent Date: 17.11.98 Commencement Date: S. 19 on 1.7.99: Government Gazette 17.6.99 p. 1406 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Statute Law Revision (Repeals) Act 1999, No. 3/1999 Assent Date: 28.4.99 Commencement Date: 28.4.99 Current State: All of Act in operation Essential Services (Year 2000) Act 1999, No. 50/1999 Assent Date: 7.12.99 Commencement Date: 8.12.99: s. 2 Current State: All of Act in operation Emergency Management (Amendment) Act 2000, No. 48/2000 Assent Date: 14.6.00 Commencement Date: 15.6.00: s. 2 Current State: All of Act in operation Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 40) on 22.11.00: s. 2(1) Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Victorian Urban Development Authority Act 2003, No. 59/2003 Assent Date: 16.6.03 Commencement Date: S. 117 on 1.8.03: Government Gazette 31.7.03 p. 2125 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Emergency Services Telecommunications Authority Act 2004, No. 98/2004 Assent Date: 14.12.04 Commencement Date: Ss 36–40 on 1.7.05: Government Gazette 9.6.05 p. 1175 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Endnotes Authorised by the Chief Parliamentary Counsel Emergency Management Act 1986 No. 30 of 1986 37 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 65) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Victoria State Emergency Service Act 2005, No. 51/2005 Assent Date: 24.8.05 Commencement Date: S. 58(2)(3) on 1.11.05: Government Gazette 20.10.05 p. 2308 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006 Assent Date: 10.10.06 Commencement Date: S. 24 on 1.7.07: Government Gazette 28.6.07 p. 1303 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Emergency Services Legislation Amendment Act 2009, No. 73/2009 Assent Date: 1.12.09 Commencement Date: Ss 9, 10 on 2.12.09: s. 2 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: S. 203(1)(Sch. 6 item 18) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Accident Compensation Amendment Act 2010, No. 9/2010 Assent Date: 23.3.10 Commencement Date: S. 137 on 1.7.10: s. 2(8) Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Fire Services Commissioner Act 2010, No. 73/2010 Assent Date: 19.10.10 Commencement Date: Ss 35–40 on 1.12.10: s. 2(2) Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Emergency Management Legislation Amendment Act 2011, No. 56/2011 Assent Date: 2.11.11 Commencement Date: Ss 5–16 on 3.11.11: s. 2(1) Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Endnotes Authorised by the Chief Parliamentary Counsel Emergency Management Act 1986 No. 30 of 1986 38 Emergency Services Legislation Amendment Act 2012, No. 5/2012 Assent Date: 6.3.12 Commencement Date: Ss 104–110 on 1.5.12: Special Gazette (No. 140) 1.5.12 p. 1 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013 Assent Date: 12.11.13 Commencement Date: S. 649(Sch. 9 item 14) on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Emergency Management Act 2013, No. 73/2013 Assent Date: 3.12.13 Commencement Date: S. 78 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 52) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 Justice Legislation Amendment Act 2014, No. 41/2014 Assent Date: 17.6.14 Commencement Date: S. 12 on 1.7.14: Special Gazette (No. 223) 1.7.14 p. 1 Current State: This information relates only to the provision/s amending the Emergency Management Act 1986 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Authorised by the Chief Parliamentary Counsel Emergency Management Act 1986 No. 30 of 1986 39 3. Explanatory Details No entries at date of publication. Endnotes