{"id":"nsw:act-1989-164","name":"State Emergency Service Act 1989","slug":"state-emergency-service-act-1989","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"164 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106626,"registerId":"nsw-act-1989-164-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [State Emergency Service Act 1989](/view/html/inforce/current/act-1989-164).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Commissioner means the person employed in the Public Service as the Commissioner of the State Emergency Service.\n> > \n> > Consultative Council means the SES Volunteer Joint Consultative Council.\n> > \n> > Deputy Commissioner means the person employed in the Public Service as the Deputy Commissioner of the State Emergency Service.\n> > \n> > emergency officer means the Commissioner or a person appointed under section 15 as an emergency officer.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > local commander means a commander of SES units in a local government area appointed under section 17.\n> > \n> > SES unit means an organisation registered as an SES unit under section 18.\n> > \n> > State Emergency Service means the NSW State Emergency Service established under this Act.\n> > \n> > unit commander means a commander of an SES unit appointed under section 17A.\n> > \n> > zone means a zone established under section 14.\n> > \n> > zone commander means the commander appointed under section 16 for SES units in a zone.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Words and expressions in this Act have the same meanings as in the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165), except in so far as the context or subject-matter otherwise indicates or requires.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 \\[1\\]–\\[4\\]; 2009 No 90, Sch 1 \\[1\\] \\[2\\]; 2010 No 26, Sch 1 \\[1\\]; 2012 No 95, Sch 1.18 \\[1\\]; 2015 No 58, Sch 3.82 \\[1\\]; 2018 No 59, Sch 4 \\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Limitation on operation of Act—industrial disputes and civil disturbances","content":"#### 4 Limitation on operation of Act—industrial disputes and civil disturbances\n\n4 Limitation on operation of Act—industrial disputes and civil disturbances\n\n> This Act does not authorise the taking of measures directed at—\n> \n> > (a) bringing an industrial dispute to an end, or\n> \n> > (b) controlling a riot or other civil disturbance.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":null,"content":"#### 5\n\n5 (Repealed)","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Act binds the Crown","content":"#### 6 Act binds the Crown\n\n6 Act binds the Crown\n\n> 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.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"The State Emergency Service","content":"# Part 2 The State Emergency Service\n\nPart 2 The State Emergency Service","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"State Emergency Service","content":"#### 7 State Emergency Service\n\n7 State Emergency Service\n\n> > (1) There shall be a NSW State Emergency Service.\n> \n> > (2) The State Emergency Service is to comprise—\n> > \n> > > (a) the Commissioner, Deputy Commissioner and other staff of the Service, and\n> > \n> > > (b) the volunteer officers and volunteer members of all SES units.\n> \n> > (3) In any Act or instrument, a reference to the NSW State Emergency Service need not include the term “NSW”.\n> \n> **s 7:** Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 \\[6\\]; 2012 No 95, Sch 1.18 \\[2\\] \\[3\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Functions of Service","content":"#### 8 Functions of Service\n\n8 Functions of Service\n\n> > (1) The State Emergency Service has the following functions—\n> > \n> > > (aa) to protect persons from dangers to their safety and health, and to protect property from destruction or damage, arising from floods, storms and tsunamis,\n> > \n> > > (a) to act as the combat agency for dealing with floods (including the establishment of flood warning systems) and to co-ordinate the evacuation and welfare of affected communities,\n> > \n> > > (b) to act as the combat agency for damage control for storms and to co-ordinate the evacuation and welfare of affected communities,\n> > \n> > > (c) to act as the combat agency for dealing with tsunamis and to co-ordinate the evacuation and welfare of affected communities,\n> > \n> > > (d) as directed by the State Emergency Operations Controller, to deal with an emergency where no other agency has lawful authority to assume command of the emergency operation,\n> > \n> > > (e) to carry out, by accredited SES units, rescue operations allocated by the State Rescue Board,\n> > \n> > > (f) to assist the State Emergency Operations Controller to carry out emergency management functions relating to the prevention of, preparation for and response to, and to assist the State Emergency Recovery Controller to carry out emergency management functions relating to the recovery from, emergencies in accordance with the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165),\n> > \n> > > (g) to assist, at their request, members of the NSW Police Force, Fire and Rescue NSW, the NSW Rural Fire Service or the Ambulance Service of NSW in dealing with any incident or emergency,\n> > \n> > > (h) to maintain effective liaison with all emergency services organisations,\n> > \n> > > (i) to carry out such other functions as may be assigned to it by or under this or any other Act, or by the State Emergency Operations Controller or the Minister.\n> \n> > (2) The functions of the State Emergency Service are to be exercised in accordance with the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165) and, in particular, with the requirements under the State Emergency Management Plan or any state of emergency under that Act.\n> \n> **s 8:** Am 1995 No 91, Sch 2 (1); 2005 No 88, Sch 1 \\[3\\] \\[7\\]–\\[10\\]; 2006 No 94, Sch 3.34 \\[1\\]; 2009 No 38, Sch 2; 2009 No 90, Sch 1 \\[4\\] \\[5\\]; 2012 No 103, Sch 4 \\[1\\] \\[2\\].","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Commissioner and other staff of the Service","content":"# Part 3 The Commissioner and other staff of the Service\n\nPart 3 The Commissioner and other staff of the Service\n\n**pt 3, hdg:** Am 1990 No 108, Sch 1.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Commissioner, Deputy Commissioner and other staff","content":"#### 9 Commissioner, Deputy Commissioner and other staff\n\n9 Commissioner, Deputy Commissioner and other staff\n\n> > (1) A Commissioner, Deputy Commissioner and such other staff as may be necessary for the purposes of this Act are to be employed under Part 4 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> > (2) Subsection (1) does not apply to members of SES units.\n> \n> > (3) The Commissioner may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of a Public Service agency or a public or local authority.\n> \n> > (4) For the purposes of this Act, a person whose services are made use of under this section is a member of the staff of the State Emergency Service.\n> \n> **s 9:** Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 \\[3\\] \\[11\\]; 2015 No 58, Sch 3.82 \\[2\\] \\[3\\].","sortOrder":12},{"sectionNumber":"9A","sectionType":"section","heading":null,"content":"#### 9A\n\n9A (Repealed)","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Ministerial control","content":"#### 10 Ministerial control\n\n10 Ministerial control\n\n> The Commissioner, Deputy Commissioner and other members of the State Emergency Service are, in the exercise of their functions under this Act, subject to the control and direction of the Minister.\n> \n> **s 10:** Am 1990 No 108, Sch 1.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Commissioner responsible for administration of Service","content":"#### 11 Commissioner responsible for administration of Service\n\n11 Commissioner responsible for administration of Service\n\n> > (1) The Commissioner is responsible for managing and controlling the activities of the State Emergency Service.\n> \n> > (2) The Commissioner, in connection with the exercise of his or her functions under this Act, may use the title “State controller” and the Deputy Commissioner may use the title “Deputy State controller”.\n> \n> **s 11:** Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 \\[12\\].","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Planning and preparation by Commissioner","content":"#### 12 Planning and preparation by Commissioner\n\n12 Planning and preparation by Commissioner\n\n> > (1) The Commissioner is required to undertake such planning and make such preparations as the Commissioner thinks fit for the purpose of enabling the Commissioner’s functions under this Act to be exercised in the most effective manner.\n> \n> > (2) The Commissioner may constitute committees to collate and assess information, or give advice or assistance to the Commissioner or any other person or agency, in relation to the functions of the State Emergency Service.\n> \n> > (3) The Commissioner is to arrange for the collation, assessment and public dissemination of information relating to floods, storms and tsunamis.\n> \n> **s 12:** Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 \\[13\\]; 2009 No 90, Sch 1 \\[6\\] \\[7\\].","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Delegation by Commissioner","content":"#### 13 Delegation by Commissioner\n\n13 Delegation by Commissioner\n\n> The Commissioner may delegate to the Deputy Commissioner or any other member of the State Emergency Service or to an emergency officer the Commissioner’s functions under this Act, other than this power of delegation.\n> \n> **s 13:** Am 1990 No 108, Sch 1; 2009 No 90, Sch 1 \\[6\\].","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Service zones","content":"#### 14 Service zones\n\n14 Service zones\n\n> The Commissioner may divide the State into zones for the purposes of this Act.\n> \n> **s 14:** Am 1990 No 108, Sch 1. Subst 2005 No 88, Sch 1 \\[14\\]. Am 2018 No 59, Sch 4 \\[2\\].","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"Emergency officers and SES units","content":"# Part 4 Emergency officers and SES units\n\nPart 4 Emergency officers and SES units\n\n**pt 4, hdg:** Am 2005 No 88, Sch 1 \\[15\\].","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Emergency officers","content":"#### 15 Emergency officers\n\n15 Emergency officers\n\n> > (1) The Commissioner is an emergency officer for the purposes of this Act.\n> \n> > (2) The Commissioner may appoint any person, or a person belonging to a class of persons, as an emergency officer for the purposes of this Act.\n> \n> > (3) A person may be appointed as an emergency officer whether or not the person is a member of the State Emergency Service.\n> \n> > (4) The Commissioner may revoke an appointment under this section at any time.\n> \n> > (5) The Commissioner is to arrange for suitable training to be provided to emergency officers.\n> \n> **s 15:** Am 1990 No 108, Sch 1.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Zone commanders","content":"#### 16 Zone commanders\n\n16 Zone commanders\n\n> > (1) The Commissioner may appoint a member of staff of the State Emergency Service as the zone commander for a zone.\n> \n> > (2) A zone commander is, subject to any direction of the Commissioner, responsible for the control and co-ordination of the activities of SES units in the relevant zone.\n> \n> > (3) The Commissioner may appoint any person to act as a deputy to a zone commander.\n> \n> > (4) The functions of a zone commander may be exercised by his or her deputy during any absence from duty of the zone commander.\n> \n> **s 16:** Am 1990 No 108, Sch 1. Subst 2005 No 88, Sch 1 \\[16\\]. Am 2018 No 59, Sch 4 \\[3\\]–\\[5\\].","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Local commanders","content":"#### 17 Local commanders\n\n17 Local commanders\n\n> > (1) The Commissioner may, on the recommendation of the council of a local government area, appoint one or more persons as a local commander for the area.\n> \n> > (2) The Commissioner may revoke an appointment under this section at any time and for any reason.\n> \n> > (3) A local commander is, subject to any direction of the Commissioner or the relevant zone commander, responsible for the control and co-ordination of the activities of SES units in the relevant local government area.\n> \n> > (4) The Commissioner may appoint as a local commander an emergency officer not recommended by the council of the local government area concerned if the council fails to make a recommendation which is acceptable to the Commissioner within 30 days after the council is requested to do so by the Commissioner.\n> \n> > (5) The council of a local government area must, within 3 months of the appointment of a local commander for the area, provide (free of charge) suitable training facilities and storage and office accommodation to enable the local commander to exercise his or her functions.\n> \n> > (6) Any such facilities and accommodation are to be of a standard approved by the Commissioner.\n> \n> **s 17:** Am 1990 No 108, Sch 1; 2000 No 53, Sch 1.28; 2005 No 88, Sch 1 \\[3\\] \\[17\\]–\\[20\\]; 2018 No 59, Sch 4 \\[3\\] \\[6\\].","sortOrder":23},{"sectionNumber":"17A","sectionType":"section","heading":"Unit commanders","content":"#### 17A Unit commanders\n\n17A Unit commanders\n\n> > (1) The Commissioner may appoint any person as the unit commander for an SES unit and may revoke the appointment at any time and for any reason.\n> \n> > (2) A unit commander is, subject to any direction of the Commissioner, the relevant zone commander or the relevant local commander, responsible for the control and co-ordination of the activities of the unit.\n> \n> > (3) In the case of a local government area for which there is only one SES unit, the unit commander for that unit is taken to be the local commander unless a local commander is appointed under section 17 (1).\n> \n> **s 17A:** Ins 2005 No 88, Sch 1 \\[21\\]. Am 2018 No 59, Sch 4 \\[3\\] \\[6\\] \\[7\\].","sortOrder":24},{"sectionNumber":"17B","sectionType":"section","heading":"Terms of appointment for local and unit commanders","content":"#### 17B Terms of appointment for local and unit commanders\n\n17B Terms of appointment for local and unit commanders\n\n> > (1) A local commander or unit commander is to be appointed for such term (not exceeding 2 years) as is specified in his or her instrument of appointment, but is, at the end of that term, eligible for re-appointment.\n> \n> > (2) Each local commander and unit commander is subject to an annual review and report to be carried out by the Commissioner.\n> \n> **s 17B:** Ins 2005 No 88, Sch 1 \\[21\\]. Am 2018 No 59, Sch 4 \\[6\\] \\[7\\].","sortOrder":25},{"sectionNumber":"17C","sectionType":"section","heading":"Local and unit commander deputies","content":"#### 17C Local and unit commander deputies\n\n17C Local and unit commander deputies\n\n> > (1) A zone commander may, in consultation with a local commander in the relevant zone, appoint any person to act as a deputy to the local commander.\n> \n> > (2) A zone commander may, in consultation with a unit commander in the relevant zone, appoint any person to act as a deputy to the unit commander.\n> \n> > (3) An appointment made under subsection (1) or (2) may be revoked at any time and for any reason by the zone commander who made the appointment.\n> \n> > (4) The functions of a local commander or unit commander may be exercised by his or her deputy during any absence from duty of the local commander or unit commander.\n> \n> **s 17C:** Ins 2005 No 88, Sch 1 \\[21\\]. Am 2018 No 59, Sch 4 \\[3\\] \\[5\\]–\\[7\\] .","sortOrder":26},{"sectionNumber":"17D","sectionType":"section","heading":"Zone headquarters unit","content":"#### 17D Zone headquarters unit\n\n17D Zone headquarters unit\n\n> > (1) The State Emergency Service may make available such of its staff and facilities as the Commissioner considers appropriate to establish a headquarters for a zone.\n> \n> > (2) A zone commander, together with—\n> > \n> > > (a) the members of staff of the State Emergency Service attached to the headquarters for the zone, and\n> > \n> > > (b) any volunteers assisting in the running of the headquarters,\n> > \n> > may be registered as an SES unit (as a zone headquarters unit) under section 18.\n> \n> > (3) The function of a zone headquarters unit is to assist the zone commander in the exercise of his or her responsibilities.\n> \n> **s 17D:** Ins 2005 No 88, Sch 1 \\[21\\]. Am 2018 No 59, Sch 4 \\[3\\] \\[4\\] \\[8\\]–\\[10\\].","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"SES units","content":"#### 18 SES units\n\n18 SES units\n\n> > (1) The Commissioner may, by instrument in writing, register a group of persons as an SES unit and assign it a distinctive name.\n> \n> > (1A) The Commissioner may register a group of persons under subsection (1) on his or her own initiative or on the application of an association of persons formed for the purpose of dealing with emergencies to which this Act applies.\n> \n> > (1B) On the registration of an SES unit under subsection (1A), the group of persons or the members of the association are members of the SES unit, subject to section 18AA.\n> \n> > (2) An association of persons may be registered as an SES unit whether or not it is an incorporated body.\n> \n> > (3) The Commissioner may, by instrument in writing, revoke the registration of an association as an SES unit.\n> \n> > (4) The Commissioner may apply for the accreditation of an SES unit as a rescue unit under Part 3 of the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165).\n> \n> > (5) The trustees of any real or personal property of an SES unit may vest that property in the Crown, to be held by the Crown subject to this Act but free from any other trust.\n> \n> **s 18:** Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 \\[3\\] \\[22\\].","sortOrder":28},{"sectionNumber":"18AA","sectionType":"section","heading":"Granting, suspension and withdrawal of membership of SES units","content":"#### 18AA Granting, suspension and withdrawal of membership of SES units\n\n18AA Granting, suspension and withdrawal of membership of SES units\n\n> > (1) Membership of an SES unit may be granted, suspended or withdrawn by any of the following—\n> > \n> > > (a) the Commissioner,\n> > \n> > > (b) a zone commander, local commander or unit commander responsible for the SES unit.\n> \n> > (2) Membership of an SES unit may be withdrawn at any time and for any reason.\n> \n> > (3) Membership of an SES unit may be suspended at any time, but only for the purposes of conducting an investigation into—\n> > \n> > > (a) the member’s alleged offence against any law, or\n> > \n> > > (b) the member’s alleged contravention of, or failure to comply with, the procedures or instructions of the State Emergency Service.\n> \n> > (4) A person whose membership of an SES unit is withdrawn may—\n> > \n> > > (a) if the membership was withdrawn by the Commissioner—apply to the Commissioner to reconsider that action, or\n> > \n> > > (b) if the membership was withdrawn by a zone commander, local commander or unit commander—appeal to the Commissioner against that action.\n> \n> > (5) On an application or an appeal being made by a person under subsection (4), the Commissioner may—\n> > \n> > > (a) reinstate the person’s membership, or\n> > \n> > > (b) confirm the withdrawal of the person’s membership.\n> \n> > (6) The procedures for—\n> > \n> > > (a) suspending or withdrawing membership of an SES unit, and\n> > \n> > > (b) appealing against the withdrawal of membership of an SES unit,\n> > \n> > are to be as set out in the procedure manuals maintained by the State Emergency Service.\n> \n> > (7) This section has effect despite any other law relating to membership of an association that is an SES unit.\n> \n> **s 18AA:** Ins 2005 No 88, Sch 1 \\[23\\]. Am 2018 No 59, Sch 4 \\[3\\] \\[6\\] \\[7\\].","sortOrder":29},{"sectionNumber":"Part 5","sectionType":"part","heading":"Emergencies and emergency powers","content":"# Part 5 Emergencies and emergency powers\n\nPart 5 Emergencies and emergency powers","sortOrder":30},{"sectionNumber":"18A","sectionType":"section","heading":"Definitions","content":"#### 18A Definitions\n\n18A Definitions\n\n> In this Part—\n> \n> emergency area means the area affected by an emergency to which this Part applies.\n> \n> premises includes land, place, building, vehicle, vessel or aircraft, or any part of premises.\n> \n> senior emergency officer means any of the following—\n> \n> > (a) a police officer of or above the rank of sergeant or a police officer for the time being in charge of a police station,\n> \n> > (b) an officer of Fire and Rescue NSW of or above the position of station commander,\n> \n> > (c) an officer of the State Emergency Service of or above the position of unit commander,\n> \n> > (d) a member of a rural fire brigade of or above the position of deputy captain,\n> \n> > (e) a Regional Emergency Management Officer.\n> \n> **s 18A:** Ins 1995 No 91, Sch 2 (2). Am 2005 No 88, Sch 1 \\[24\\] \\[25\\]; 2012 No 103, Sch 4 \\[3\\] \\[4\\]; 2018 No 59, Sch 4 \\[7\\].","sortOrder":31},{"sectionNumber":"19","sectionType":"section","heading":"Emergencies to which Part applies","content":"#### 19 Emergencies to which Part applies\n\n19 Emergencies to which Part applies\n\n> This Part applies to—\n> \n> > (a) an emergency referred to in section 8 (1) (a), (b) or (c) relating to a flood, storm or tsunami, or\n> \n> > (b) an emergency referred to in section 8 (1) (d) which the State Emergency Operations Controller has directed the Commissioner to deal with.\n> \n> **s 19:** Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 \\[26\\] \\[27\\]; 2009 No 90, Sch 1 \\[8\\].","sortOrder":32},{"sectionNumber":"20","sectionType":"section","heading":"Commissioner to control emergencies","content":"#### 20 Commissioner to control emergencies\n\n20 Commissioner to control emergencies\n\n> Subject to the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165), the Commissioner is to have overall control of operations in response to an emergency to which this Part applies.\n> \n> **s 20:** Am 1990 No 108, Sch 1.","sortOrder":33},{"sectionNumber":"21","sectionType":"section","heading":"Duty to recognise authority of Commissioner and emergency officers","content":"#### 21 Duty to recognise authority of Commissioner and emergency officers\n\n21 Duty to recognise authority of Commissioner and emergency officers\n\n> > (1) Every member of the NSW Police Force and all other members of emergency services organisations are to recognise, in connection with operations in response to an emergency to which this Part applies, the authority of the Commissioner and emergency officers acting under the Commissioner’s orders or the orders of the zone commander or local commander.\n> \n> > (2) It is the duty of every such member to assist the Commissioner or other emergency officer in connection with those operations.\n> \n> **s 21:** Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 \\[28\\] \\[29\\]; 2006 No 94, Sch 3.34 \\[2\\]; 2009 No 90, Sch 1 \\[6\\]; 2018 No 59, Sch 4 \\[3\\] \\[6\\].","sortOrder":34},{"sectionNumber":"22","sectionType":"section","heading":"Power to evacuate or to take other steps concerning persons","content":"#### 22 Power to evacuate or to take other steps concerning persons\n\n22 Power to evacuate or to take other steps concerning persons\n\n> > (1) The Commissioner may, if satisfied that it is necessary or convenient to do so for the purpose of responding to an emergency to which this Part applies, direct, or authorise an emergency officer to direct, a person to do any or all of the following—\n> > \n> > > (a) to leave any particular premises and to move out of an emergency area or any part of an emergency area,\n> > \n> > > (b) to take any children or adults present in any particular premises who are in the person’s care and to move them outside the emergency area or any part of the emergency area,\n> > \n> > > (c) not to enter the emergency area or any part of the emergency area.\n> \n> > (2) If the person does not comply with the direction, an emergency officer may do all such things as are reasonably necessary to ensure compliance with it, using such force as is reasonably necessary in the circumstances.\n> \n> > (3) The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.\n> \n> > (4) (Repealed)\n> \n> **s 22:** Am 1990 No 108, Sch 1; 1995 No 91, Sch 2 (3).","sortOrder":35},{"sectionNumber":"22A","sectionType":"section","heading":"Power to take other safety measures","content":"#### 22A Power to take other safety measures\n\n22A Power to take other safety measures\n\n> > (1) The Commissioner may, if satisfied that there are reasonable grounds for doing so for the purpose of protecting persons from injury or death or protecting property threatened by an actual or imminent emergency, direct, or authorise a senior emergency officer to direct, the doing of any one or more of the following—\n> > \n> > > (a) the shutting off or disconnecting of the supply of any water, gas, liquid, solid, grain, powder or other substance in or from any main, pipeline, container or storage facility in an emergency area or any part of an emergency area,\n> > \n> > > (b) the shutting off or disconnecting of the supply of gas or electricity to any premises in an emergency area or any part of an emergency area,\n> > \n> > > (c) the taking possession of, and removal or destruction of any material or thing in an emergency area or any part of an emergency area that may be dangerous to life or property or that may interfere with the response of emergency services to the emergency.\n> \n> > (2) For the purposes of the exercise of a function under subsection (1) (a), the Commissioner or a senior emergency officer authorised by the Commissioner may require the person who controls or supplies the substance concerned to immediately send some competent person to the scene for the purpose of shutting it off or disconnecting it in accordance with the reasonable directions of the Commissioner or senior emergency officer.\n> \n> > (3) A person must comply with a requirement, or directions, under subsection (2).\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) A person who supplies a substance referred to in subsection (1) (a) or (b) is not liable for any damages because of any interruption of that supply under this section if the supply is shut off or disconnected in accordance with the directions of the Commissioner or senior emergency officer.\n> \n> > (5) The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.\n> \n> **ss 22A–22F:** Ins 1995 No 91, Sch 2 (4).","sortOrder":36},{"sectionNumber":"22B","sectionType":"section","heading":"Power to enter premises","content":"#### 22B Power to enter premises\n\n22B Power to enter premises\n\n> A person may enter any premises for the purposes of complying with a direction under section 22A (1).\n> \n> **ss 22A–22F:** Ins 1995 No 91, Sch 2 (4).","sortOrder":37},{"sectionNumber":"22C","sectionType":"section","heading":"Notice of entry","content":"#### 22C Notice of entry\n\n22C Notice of entry\n\n> > (1) A person authorised to enter premises may enter the premises without giving notice—\n> > \n> > > (a) if entry to the premises is made with the consent of the owner or occupier, or\n> > \n> > > (b) if the entry is made to a part of the premises that is open to the public, or\n> > \n> > > (c) if entry is required urgently and the case is one in which the Commissioner or senior emergency officer giving the direction has authorised in writing (either generally or in a particular case) entry without notice.\n> \n> > (2) In any other case, the person must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.\n> \n> **ss 22A–22F:** Ins 1995 No 91, Sch 2 (4).","sortOrder":38},{"sectionNumber":"22D","sectionType":"section","heading":"Care to be taken","content":"#### 22D Care to be taken\n\n22D Care to be taken\n\n> In the exercise of a function under section 22A, a person authorised to enter premises must do as little damage as possible.\n> \n> **ss 22A–22F:** Ins 1995 No 91, Sch 2 (4).","sortOrder":39},{"sectionNumber":"22E","sectionType":"section","heading":"Use of force","content":"#### 22E Use of force\n\n22E Use of force\n\n> > (1) Reasonable force may be used for the purpose of gaining entry to premises to comply with a direction under section 22A but only if the Commissioner or the senior emergency officer giving the direction—\n> > \n> > > (a) has authorised in writing the use of force in the particular case, or\n> > \n> > > (b) has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances.\n> \n> > (2) If a person authorised to enter premises uses force to do so, the person must, as soon as practicable, inform the person who directed him or her to exercise the function under section 22A.\n> \n> > (3) The person so informed of the use of force must give notice of the use of force to such persons or authorities as appear to the person to be appropriate in the circumstances.\n> \n> > (4) If a person’s property is damaged by the exercise of a right of entry, the person is to receive such compensation as may be determined by the Minister or, if the damage arose as the result of the exercise of a right of entry by a police officer, the Minister for Police, but is not entitled to receive compensation.\n> \n> > (5) A person may apply to the Premier for a review of a determination as to compensation made by the Minister or the Minister for Police under this section.\n> \n> **ss 22A–22F:** Ins 1995 No 91, Sch 2 (4).","sortOrder":40},{"sectionNumber":"22F","sectionType":"section","heading":"Authority to enter premises","content":"#### 22F Authority to enter premises\n\n22F Authority to enter premises\n\n> > (1) A power to enter premises, or to take action on premises, may not be exercised unless the person proposing to exercise the power is in possession of an authority and produces the authority if required to do so by the owner or occupier of the premises.\n> \n> > (2) The authority must be a written authority that—\n> > \n> > > (a) states that it is issued under this Act, and\n> > \n> > > (b) gives the name of the person to whom it is issued, and\n> > \n> > > (c) describes the nature of the powers conferred and the source of the powers, and\n> > \n> > > (d) states the date (if any) on which it expires, and\n> > \n> > > (e) describes the kind of premises to which the power extends, and\n> > \n> > > (f) bears the signature of the Commissioner or the senior emergency officer who issued the direction under section 22A.\n> \n> > (3) However, despite subsections (1) and (2), a police officer exercising a power to enter premises, or to take action on premises, must produce his or her warrant card if required to do so by the owner or occupier of the premises in lieu of an authority.\n> \n> **ss 22A–22F:** Ins 1995 No 91, Sch 2 (4).","sortOrder":41},{"sectionNumber":"23","sectionType":"section","heading":"Arrangements for inter-State co-operation in emergencies","content":"#### 23 Arrangements for inter-State co-operation in emergencies\n\n23 Arrangements for inter-State co-operation in emergencies\n\n> > (1) The Commissioner may make arrangements with any agency which manages or controls inter-State SES units—\n> > \n> > > (a) for those units to carry out operations in New South Wales in response to emergencies to which this Part applies, and\n> > \n> > > (b) for SES units under this Act to carry out similar operations outside New South Wales.\n> \n> > (2) An inter-State SES unit carrying out operations in New South Wales in accordance with any such arrangement is to be regarded as an SES unit under this Act.\n> \n> > (2A) The Commissioner may make arrangements with an appropriate agency of a State or Territory that does not operate or manage an inter-State SES unit for SES units under this Act to carry out operations in that State or Territory in response to emergencies to which this Part applies.\n> \n> > (3) In this section, inter-State SES unit means a unit established and operating in another State or in a Territory of the Commonwealth.\n> \n> **s 23:** Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 \\[3\\] \\[30\\] \\[31\\].","sortOrder":42},{"sectionNumber":"24","sectionType":"section","heading":null,"content":"#### 24\n\n24 (Repealed)","sortOrder":43},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Contribution to State Emergency Service costs","content":"# Part 5A Contribution to State Emergency Service costs\n\nPart 5A Contribution to State Emergency Service costs\n\n**pt 5A:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\].","sortOrder":45},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary\n\n**pt 5A, div 1:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\].","sortOrder":46},{"sectionNumber":"24A","sectionType":"section","heading":"Definitions","content":"#### 24A Definitions\n\n24A Definitions\n\n> In this Part—\n> \n> assessment notice means an assessment notice given to a local council under section 24K.\n> \n> financial year means the period of 12 months starting on 1 July in a year.\n> \n> Fund means the New South Wales State Emergency Service Fund established under section 24V (1).\n> \n> SES contribution means an amount payable under this Part for a financial year by a local council.\n> \n> SES contribution instalment—see section 24IA.\n> \n> SES expenditure, in relation to a financial year, means the total of—\n> \n> > (a) expenditure incurred during the year in the exercise of the State Emergency Service’s functions, and\n> \n> > (b) (Repealed)\n> \n> > (c) expenditure incurred during the year in respect of the administrative costs of the State Emergency Service, the Consultative Council or the Minister under the authority of this Act.\n> \n> SES funding amount—see section 24G.\n> \n> SES funding target—see section 24B.\n> \n> State Revenue Commissioner—means the Chief Commissioner of State Revenue under the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> \n> **s 24A:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]. Am 2010 No 26, Sch 1 \\[2\\]; 2017 No 9, Sch 4.7 \\[1\\]–\\[4\\].","sortOrder":47},{"sectionNumber":"Division 2","sectionType":"division","heading":"SES funding target","content":"## Division 2 SES funding target\n\nDivision 2 SES funding target\n\n**pt 5A, div 2, hdg:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[5\\].\n\n**pt 5A, div 2:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\].","sortOrder":48},{"sectionNumber":"24B","sectionType":"section","heading":"SES funding target","content":"#### 24B SES funding target\n\n24B SES funding target\n\n> > (1) Before 31 March in each year or a later date agreed to by the Treasurer, the Minister must—\n> > \n> > > (a) prepare and, subject to the Treasurer’s agreement, adopt a funding target for the State Emergency Service for the next financial year (the SES funding target), and\n> > \n> > > (b) prepare and adopt an estimate of the amount of the SES funding target applicable to the area of each local council for the next financial year.\n> \n> > (2) The Minister is to calculate the SES funding target for the financial year using the following formula—\n> > \n> > ![](/image/((Type%3D%22act%22)%20AND%20(No%3D164)%20AND%20(Year%3D1989)%20AND%20(%22Historical%20Document%22%3D0))/g3.gif)  \n> > where—\n> > \n> > FTt is the SES funding target for the financial year (represented by “t”).\n> > \n> > EEt is the estimated SES expenditure for the financial year.\n> > \n> > AEt-2 is the actual SES expenditure for the financial year that commenced 2 years before the period “t” (represented as “t-2”).\n> > \n> > EEt-2 is the estimated SES expenditure for the financial year that commenced 2 years before the period “t” (represented as “t-2”).\n> \n> > (3) To avoid doubt, if AEt-2−EEt-2 is a negative amount, that amount is subtracted from EEt.\n> \n> > (4) The estimate of SES expenditure for a financial year is to be reduced, as necessary, by the amount it is estimated will be paid to the Fund for the financial year (other than from contributions made by the Treasurer).\n> \n> > (5) The actual SES expenditure for a financial year is to be reduced, as necessary, by the amount paid to the Fund for the financial year (other than from contributions made by the Treasurer).\n> \n> > (6) Without limiting subsections (4) and (5), the Minister may, with the Treasurer’s agreement, decide that adjustments are not to be made to the SES funding target in respect of—\n> > \n> > > (a) certain money paid into the Fund, or\n> > \n> > > (b) certain amounts it is estimated will be paid to the State Emergency Service for the financial year.\n> \n> > (7) In determining the amount of the SES funding target for each local council area, the Minister may apportion the total estimated expenditure between local council areas in the way the Minister thinks fit.\n> \n> **s 24B:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[6\\].","sortOrder":49},{"sectionNumber":"24C","sectionType":"section","heading":"Local councils to give information to Commissioner","content":"#### 24C Local councils to give information to Commissioner\n\n24C Local councils to give information to Commissioner\n\n> To enable the Minister to prepare the SES funding target, a local council must, at the times and in the way required by the Commissioner, give the Commissioner any of the following information required by the Commissioner—\n> \n> > (a) information relating to the State Emergency Service, SES units or emergency officers,\n> \n> > (b) information relating to the equipment of the State Emergency Service,\n> \n> > (c) information about any other matter relating to the organisation of the State Emergency Service.\n> \n> **s 24C:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Am 2009 No 90, Sch 1 \\[9\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]. Am 2017 No 9, Sch 4.7 \\[7\\].","sortOrder":50},{"sectionNumber":"24D","sectionType":"section","heading":"Commissioner to assist","content":"#### 24D Commissioner to assist\n\n24D Commissioner to assist\n\n> > (1) To assist the Minister in preparing and adopting the SES funding target for a financial year, the Commissioner must prepare and give to the Minister a written report and recommendations about SES expenditure for the year.\n> \n> > (2) The Minister must consider the Commissioner’s report and recommendations in preparing the estimates.\n> \n> **s 24D:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Am 2009 No 90, Sch 1 \\[9\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[8\\].","sortOrder":51},{"sectionNumber":"Division 3","sectionType":"division","heading":"Treasurer to contribute to Fund","content":"## Division 3 Treasurer to contribute to Fund\n\nDivision 3 Treasurer to contribute to Fund\n\n**pt 5A, div 3:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[9\\].","sortOrder":52},{"sectionNumber":"24E","sectionType":"section","heading":"Treasurer to pay contributions","content":"#### 24E Treasurer to pay contributions\n\n24E Treasurer to pay contributions\n\n> > (1) The Treasurer is to pay an annual contribution to the Fund for each financial year.\n> \n> > (2) The annual contribution payable is the SES funding amount.\n> \n> > (3) The Treasurer may direct the payment of additional contributions to the Fund, subject to any terms and conditions approved by the Treasurer.\n> \n> > (4) The annual contribution, and any additional contributions, are to be paid out of money provided by Parliament.\n> \n> **s 24E:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Am 2009 No 90, Sch 1 \\[9\\]; 2010 No 46, Sch 2.4 \\[1\\]. Subst 2017 No 9, Sch 4.7 \\[9\\].","sortOrder":53},{"sectionNumber":"24F","sectionType":"section","heading":"Contribution payable in instalments","content":"#### 24F Contribution payable in instalments\n\n24F Contribution payable in instalments\n\n> The annual contribution is to be paid by the Treasurer in instalments on or before the following dates—\n> \n> > (a) 1 August,\n> \n> > (b) 1 October,\n> \n> > (c) 1 January,\n> \n> > (d) 1 April.\n> \n> **s 24F:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[9\\].","sortOrder":54},{"sectionNumber":"24G","sectionType":"section","heading":"SES funding amount","content":"#### 24G SES funding amount\n\n24G SES funding amount\n\n> > (1) As soon as practicable after the commencement of each financial year, the Minister must prepare and, subject to the Treasurer’s agreement, adopt an update of SES funding for the financial year (the SES funding amount).\n> \n> > (2) The SES funding amount is the estimated SES expenditure for the financial year (that is, EEt in the SES funding target for the financial year), adjusted and updated in accordance with this section.\n> \n> > (3) Estimated SES expenditure is to be adjusted for the purposes of the SES funding amount so that the estimate—\n> > \n> > > (a) is reduced or increased, as appropriate, for any difference between the estimate of SES expenditure for the financial year, as adopted in the SES funding target, and an updated estimate of that amount, and\n> > \n> > > (b) is reduced or increased, as appropriate, for any difference between the SES funding amount for the previous financial year and the actual amount of SES expenditure for that financial year.\n> \n> > (4) Without limiting subsection (3), the Minister may, with the Treasurer’s agreement, decide that adjustments are not to be made to the SES funding amount in respect of—\n> > \n> > > (a) any surplus in the Fund at the end of the previous financial year, or\n> > \n> > > (b) certain money paid into the Fund, or\n> > \n> > > (c) certain amounts it is estimated will be paid to the State Emergency Service for the financial year.\n> \n> > (5) An adjustment to the estimated SES expenditure that is made under this section has no effect on, and is not to be used in the calculation of, the SES funding target for a financial year.\n> \n> **s 24G:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]. Am 2010 No 46, Sch 2.4 \\[2\\]. Subst 2017 No 9, Sch 4.7 \\[9\\].","sortOrder":55},{"sectionNumber":"Division 4","sectionType":"division","heading":"Local councils to pay SES contribution","content":"## Division 4 Local councils to pay SES contribution\n\nDivision 4 Local councils to pay SES contribution\n\n**pt 5A, div 4:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[9\\].","sortOrder":56},{"sectionNumber":"24H","sectionType":"section","heading":"Council to pay SES contribution","content":"#### 24H Council to pay SES contribution\n\n24H Council to pay SES contribution\n\n> A local council is to pay to the State Revenue Commissioner a SES contribution for each financial year.\n> \n> **s 24H:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[9\\].","sortOrder":57},{"sectionNumber":"24I","sectionType":"section","heading":"Amount of contribution","content":"#### 24I Amount of contribution\n\n24I Amount of contribution\n\n> > (1) The amount of the SES contribution is the amount determined by the Minister for each local council.\n> \n> > (2) The Minister is to determine the contribution payable by a local council on the basis of the SES funding target for each local council area.\n> \n> > (3) The contribution payable by local councils for each local council area is 11.7% of the SES funding target applicable to the area.\n> \n> > (4) A local council or an officer of a local council must, if asked by the Minister, give the Minister any document or information required by the Minister to determine the local council’s SES contribution.\n> \n> **s 24I:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[9\\].","sortOrder":58},{"sectionNumber":"24IA","sectionType":"section","heading":"Contribution payable in instalments","content":"#### 24IA Contribution payable in instalments\n\n24IA Contribution payable in instalments\n\n> A SES contribution payable by a local council for a financial year is payable in 4 instalments (each of which is a SES contribution instalment).\n> \n> **s 24IA:** Ins 2017 No 9, Sch 4.7 \\[9\\].","sortOrder":59},{"sectionNumber":"24IB","sectionType":"section","heading":"Minister to advise State Revenue Commissioner","content":"#### 24IB Minister to advise State Revenue Commissioner\n\n24IB Minister to advise State Revenue Commissioner\n\n> The Minister is to advise the State Revenue Commissioner, by the date of 15 April that occurs immediately before the commencement of a financial year, of—\n> \n> > (a) the amount of the SES contribution payable by each local council for the financial year, and\n> \n> > (b) the amount of the SES contribution instalments payable by each local council.\n> \n> **s 24IB:** Ins 2017 No 9, Sch 4.7 \\[9\\].","sortOrder":60},{"sectionNumber":"Division 5","sectionType":"division","heading":"Payment of contributions by local councils","content":"## Division 5 Payment of contributions by local councils\n\nDivision 5 Payment of contributions by local councils\n\n**pt 5A, div 5, hdg:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[10\\].\n\n**pt 5A, div 5:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\].","sortOrder":61},{"sectionNumber":"24J","sectionType":"section","heading":"When instalments are to be paid","content":"#### 24J When instalments are to be paid\n\n24J When instalments are to be paid\n\n> A local council must, in accordance with an instalment notice given to the council by the State Revenue Commissioner, pay to the State Revenue Commissioner a SES contribution instalment on or before each of the following days in a financial year—\n> \n> > (a) 30 September,\n> \n> > (b) 31 December,\n> \n> > (c) 31 March,\n> \n> > (d) 30 June.\n> \n> **s 24J:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[11\\].","sortOrder":62},{"sectionNumber":"24K","sectionType":"section","heading":"Annual assessment notice","content":"#### 24K Annual assessment notice\n\n24K Annual assessment notice\n\n> > (1) The State Revenue Commissioner must give to each local council that is required to pay a SES contribution for a financial year an assessment notice that sets out the amount of the SES contribution payable by the local council for that year.\n> \n> > (2) The assessment notice must be given to the local council by 30 April in the year before the financial year for which the SES contribution is payable.\n> \n> **s 24K:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Am 2009 No 90, Sch 1 \\[9\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[12\\].","sortOrder":63},{"sectionNumber":"24L","sectionType":"section","heading":"Instalment notices","content":"#### 24L Instalment notices\n\n24L Instalment notices\n\n> The State Revenue Commissioner must give to each local council that is required to pay a SES contribution instalment a written notice (an instalment notice) that specifies—\n> \n> > (a) the amount of the SES contribution instalment payable under the instalment notice, and\n> \n> > (b) the date by which the SES contribution instalment is payable.\n> \n> **s 24L:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]; 2017 No 9, Sch 4.7 \\[12\\].","sortOrder":64},{"sectionNumber":"24LA","sectionType":"section","heading":"SES contribution is debt payable to State Revenue Commissioner","content":"#### 24LA SES contribution is debt payable to State Revenue Commissioner\n\n24LA SES contribution is debt payable to State Revenue Commissioner\n\n> > (1) If the whole or part of a SES contribution payable by a local council is not paid to the State Revenue Commissioner as required, the unpaid amount is recoverable by the State Revenue Commissioner as a debt in a court of competent jurisdiction.\n> \n> > (2) The applied provisions of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) apply in relation to the SES contribution payable by a local council under this Act as if Part 5A of this Act were a taxation law and the contribution were a tax payable by a council under a taxation law.\n> \n> > (3) The applied provisions of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) are the following provisions of that Act—\n> > \n> > > (a) Division 1 (Interest) of Part 5,\n> > \n> > > (b) sections 50 and 55 (which prohibit the giving of false and misleading information),\n> > \n> > > (c) Division 1 (Tax officers), Division 2 (Investigation) and Division 3 (Secrecy) of Part 9,\n> > \n> > > (d) sections 114, 115, 116, 118, 119 and 120,\n> > \n> > > (e) any provisions that are relevant to the interpretation of the above provisions.\n> \n> > (4) The applied provisions apply to an assessment made by the State Revenue Commissioner under this Act in the same way as they apply to an assessment under that Act.\n> \n> > (5) To avoid doubt, Part 10 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) does not apply to a SES contribution or to the exercise of any of the State Revenue Commissioner’s functions in respect of SES contributions (including under the applied provisions of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097)).\n> \n> **s 24LA:** Ins 2017 No 9, Sch 4.7 \\[12\\].","sortOrder":65},{"sectionNumber":"24M","sectionType":"section","heading":"How contribution is to be funded","content":"#### 24M How contribution is to be funded\n\n24M How contribution is to be funded\n\n> > (1) The SES contribution payable by a local council is to be paid out of the council’s consolidated fund.\n> \n> > (2) Funds of a local council derived from donations and other voluntary contributions made for the purposes of this Act may not be used towards the payment of SES contributions by the local council unless approved by the Minister.\n> \n> **s 24M:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Am 2009 No 56, Sch 4.66; 2009 No 90, Sch 1 \\[9\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]. Am 2017 No 9, Sch 4.7 \\[13\\].","sortOrder":66},{"sectionNumber":"Division 6","sectionType":"division","heading":null,"content":"## Division 6\n\nDivision 6\n\n24N–24U (Repealed)\n\n**pt 5A, div 6:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]. Rep 2017 No 9, Sch 4.7 \\[14\\].\n\n**s 24N:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]. Rep 2017 No 9, Sch 4.7 \\[14\\].\n\n**ss 24O–24R:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Am 2009 No 90, Sch 1 \\[9\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]. Rep 2017 No 9, Sch 4.7 \\[14\\].\n\n**s 24S:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]. Rep 2017 No 9, Sch 4.7 \\[14\\].\n\n**s 24T:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]. Rep 2017 No 9, Sch 4.7 \\[14\\].\n\n**s 24U:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]. Rep 2017 No 9, Sch 4.7 \\[14\\].","sortOrder":67},{"sectionNumber":"Division 7","sectionType":"division","heading":"Administration of Funds","content":"## Division 7 Administration of Funds\n\nDivision 7 Administration of Funds\n\n**pt 5A, div 7:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Subst 2009 No 84, Sch 1.4 \\[1\\].","sortOrder":68},{"sectionNumber":"24V","sectionType":"section","heading":"New South Wales State Emergency Service Fund","content":"#### 24V New South Wales State Emergency Service Fund\n\n24V New South Wales State Emergency Service Fund\n\n> > (1) There is to be established in the Special Deposits Account in the Treasury a New South Wales State Emergency Service Fund.\n> \n> > (2) (Repealed)\n> \n> > (3) There is to be paid into the Fund—\n> > \n> > > (a) all contributions payable by the Treasurer under this Part, and\n> > \n> > > (b) any other money appropriated by Parliament for payment into the Fund, and\n> > \n> > > (c) the proceeds of investment of money in the Fund, and\n> > \n> > > (d) any other money required by law to be paid into the Fund.\n> \n> > (4) (Repealed)\n> \n> > (5) Payments may be made from the Fund—\n> > \n> > > (a) to assist in meeting the costs of SES expenditure, and\n> > \n> > > (b) as otherwise directed or permitted by or under this Act or another Act.\n> \n> > (6) Payments may be made from the Fund, with the Treasurer’s agreement, as directed or permitted by or under this Act or another Act.\n> \n> **s 24V:** Ins 2008 No 122, Sch 6.3 \\[1\\]. Am 2009 No 90, Sch 1 \\[9\\]. Subst 2009 No 84, Sch 1.4 \\[1\\]. Am 2017 No 9, Sch 4.7 \\[15\\]–\\[17\\].","sortOrder":69},{"sectionNumber":"24W","sectionType":"section","heading":null,"content":"#### 24W\n\n24W (Repealed)","sortOrder":70},{"sectionNumber":"24X","sectionType":"section","heading":"Disposal by local councils of equipment purchased from Fund","content":"#### 24X Disposal by local councils of equipment purchased from Fund\n\n24X Disposal by local councils of equipment purchased from Fund\n\n> > (1) A local council must not sell or dispose of any equipment purchased or constructed wholly or partly from money to the credit of the Fund without the written consent of the Commissioner.\n> \n> > (2) There is to be paid to the credit of the Fund—\n> > \n> > > (a) if the whole of the cost of the purchase or construction of any equipment was met by money to the credit of the Fund—\n> > > \n> > > > (i) an amount equal to the proceeds of sale of any such equipment, and\n> > > \n> > > > (ii) any amount recovered (whether under a policy of insurance or otherwise) in respect of the damage to, or destruction or loss of, any such equipment, and\n> > \n> > > (b) if a part only of the cost of the purchase or construction of any equipment was met by money to the credit of the Fund—an amount that bears to the amount that would be required by this subsection to be paid if the whole of that cost had been met by money to the credit of the Fund the same proportion as that part of the cost bears to the whole of that cost.\n> \n> **ss 24X:** Ins 2009 No 84, Sch 1.4 \\[1\\].","sortOrder":72},{"sectionNumber":"Division 8","sectionType":"division","heading":"Miscellaneous","content":"## Division 8 Miscellaneous\n\nDivision 8 Miscellaneous\n\n**pt 5A, div 8:** Ins 2009 No 84, Sch 1.4 \\[1\\].","sortOrder":73},{"sectionNumber":"24Y","sectionType":"section","heading":"Certificate evidence","content":"#### 24Y Certificate evidence\n\n24Y Certificate evidence\n\n> A certificate signed by the Minister that states any of the following matters is admissible in proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate—\n> \n> > (a) the SES funding target, as adopted by the Minister under this Part,\n> \n> > (b) the SES funding target applicable to a local council area, as adopted by the Minister under this Part,\n> \n> > (c) the amount of the SES contribution determined by the Minister for a specified local council for the financial year.\n> \n> **s 24Y:** Ins 2009 No 84, Sch 1.4 \\[1\\]. Subst 2017 No 9, Sch 4.7 \\[19\\].","sortOrder":74},{"sectionNumber":"Part 5B","sectionType":"part","heading":"SES Volunteer Joint Consultative Council","content":"# Part 5B SES Volunteer Joint Consultative Council\n\nPart 5B SES Volunteer Joint Consultative Council\n\n**pt 5B:** Ins 2010 No 26, Sch 1 \\[3\\].","sortOrder":75},{"sectionNumber":"24Z","sectionType":"section","heading":"Establishment of SES Volunteer Joint Consultative Council","content":"#### 24Z Establishment of SES Volunteer Joint Consultative Council\n\n24Z Establishment of SES Volunteer Joint Consultative Council\n\n> There is established by this Act an SES Volunteer Joint Consultative Council.\n> \n> **s 24Z:** Ins 2010 No 26, Sch 1 \\[3\\].","sortOrder":76},{"sectionNumber":"24ZA","sectionType":"section","heading":"Membership and procedure of Consultative Council","content":"#### 24ZA Membership and procedure of Consultative Council\n\n24ZA Membership and procedure of Consultative Council\n\n> > (1) The Consultative Council is to consist of 7 members as follows—\n> > \n> > > (a) the Commissioner, who is to be the Chair of the Council,\n> > \n> > > (b) 3 persons, who are to be members of staff of the State Emergency Service, appointed by the Minister on the recommendation of the Commissioner,\n> > \n> > > (c) the President of the New South Wales State Emergency Service Volunteers Association Ltd,\n> > \n> > > (d) 2 persons appointed by the Minister on the recommendation of the New South Wales State Emergency Service Volunteers Association Ltd, one of whom is to be a volunteer officer who is a deputy to a zone commander or is a local commander or unit commander.\n> \n> > (2) Schedule 3 contains provisions relating to members and procedure of the Consultative Council.\n> \n> **s 24ZA:** Ins 2010 No 26, Sch 1 \\[3\\]. Am 2018 No 25, Sch 5.37 \\[1\\]; 2018 No 59, Sch 4 \\[3\\] \\[6\\] \\[7\\].","sortOrder":77},{"sectionNumber":"24ZB","sectionType":"section","heading":"Functions of the Consultative Council","content":"#### 24ZB Functions of the Consultative Council\n\n24ZB Functions of the Consultative Council\n\n> > (1) The Consultative Council has the following functions—\n> > \n> > > (a) to advise and report to the Commissioner on any matter relevant to volunteer members of SES units,\n> > \n> > > (b) such other functions as may be conferred or imposed on it by or under this or any other Act.\n> \n> > (2) The Consultative Council may give advice and make reports whether or not the advice or reports were requested.\n> \n> **s 24ZB:** Ins 2010 No 26, Sch 1 \\[3\\].","sortOrder":78},{"sectionNumber":"24ZC","sectionType":"section","heading":"Reporting requirement","content":"#### 24ZC Reporting requirement\n\n24ZC Reporting requirement\n\n> The following are to be included in the annual reporting information prepared for the State Emergency Service under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) for each annual reporting period for the Service—\n> \n> > (a) the names of each member of the Consultative Council holding office during the annual reporting period,\n> \n> > (b) the period of the annual reporting period during which the member held office,\n> \n> > (c) a record of the attendance of those members at any meeting of the Consultative Council held during the annual reporting period.\n> \n> **s 24ZC:** Ins 2010 No 26, Sch 1 \\[3\\]. Am 2018 No 70, Sch 4.93.","sortOrder":79},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":80},{"sectionNumber":"25","sectionType":"section","heading":"Personal liability of members of Service and Consultative Council and volunteers","content":"#### 25 Personal liability of members of Service and Consultative Council and volunteers\n\n25 Personal liability of members of Service and Consultative Council and volunteers\n\n> > (1) A matter or thing done by—\n> > \n> > > (a) a member of the State Emergency Service, including a member of an SES unit, or\n> > \n> > > (b) an emergency officer, or\n> > \n> > > (c) a casual volunteer, or\n> > \n> > > (d) a member of the Consultative Council,\n> > \n> > does not, if the matter or thing was done in good faith for the purpose of exercising the functions of or assisting the State Emergency Service or the Consultative Council, subject the member, officer or volunteer personally to any action, liability, claim or demand.\n> \n> > (2) In this section—\n> > \n> > casual volunteer means a person who, with the consent of the member or officer, assists a member of the State Emergency Service or an emergency officer in the exercise of the Service’s functions.\n> \n> **s 25:** Am 2005 No 88, Sch 1 \\[3\\]; 2010 No 26, Sch 1 \\[4\\] \\[5\\].","sortOrder":81},{"sectionNumber":"25A","sectionType":"section","heading":"Certain damage to be covered by insurance","content":"#### 25A Certain damage to be covered by insurance\n\n25A Certain damage to be covered by insurance\n\n> > (1) Any damage to property caused by the exercise in good faith of functions under section 22A (1) by—\n> > \n> > > (a) the Commissioner or a senior emergency officer authorised by the Commissioner during an emergency to which Part 5 applies, or\n> > \n> > > (b) a person acting on and in accordance with a direction given by the Commissioner or a senior emergency officer authorised by the Commissioner under section 22A (1) during an emergency to which Part 5 applies, is taken to be damage by the happening that constitutes the emergency (being flood, storm, tsunami or other risk, contingency or event) for the purposes of any policy of insurance against the risk, contingency or event concerning an act or omission that covers the property.\n> \n> > (2) This section applies only in respect of damage to property caused in the exercise of a function to protect persons from injury or death or property from damage if those persons are, or the property is, endangered by the happening that constitutes the emergency or endangered by the escape or likely escape of hazardous material as the result of that happening.\n> \n> > (3) Any provision, stipulation, covenant or condition in any agreement that negatives, limits or modifies or purports to negative, limit or modify the operation of this section is void and of no effect.\n> \n> > (4) In this section, hazardous material means anything that, when produced, stored, moved, used or otherwise dealt with without adequate safeguards to prevent it from escaping, may cause injury or death or damage to property.\n> \n> **s 25A:** Ins 1995 No 91, Sch 2 (5). Am 2005 No 88, Sch 1 \\[32\\]; 2009 No 90, Sch 1 \\[10\\].","sortOrder":82},{"sectionNumber":"26","sectionType":"section","heading":"This Act not to limit other Acts or laws","content":"#### 26 This Act not to limit other Acts or laws\n\n26 This Act not to limit other Acts or laws\n\n> This Act does not limit the operation of any other Act or law.","sortOrder":83},{"sectionNumber":"27","sectionType":"section","heading":"Service of documents","content":"#### 27 Service of documents\n\n27 Service of documents\n\n> > (1) A document may be served on the Commissioner by leaving it at, or by sending it by post to, the office of the Commissioner.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the Commissioner in a manner not provided for by this section.\n> \n> **s 27:** Am 1990 No 108, Sch 1.","sortOrder":84},{"sectionNumber":"28","sectionType":"section","heading":"Proceedings for offences","content":"#### 28 Proceedings for offences\n\n28 Proceedings for offences\n\n> Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.\n> \n> **s 28:** Am 2007 No 94, Sch 4.","sortOrder":85},{"sectionNumber":"28A","sectionType":"section","heading":"Donations of financial or material support","content":"#### 28A Donations of financial or material support\n\n28A Donations of financial or material support\n\n> > (1) The unit commander of an SES unit must keep written records of any donations of financial or material support provided to the unit.\n> \n> > (2) A copy of those records is to be furnished to the Commissioner immediately on request by the Commissioner.\n> \n> **s 28A:** Ins 2005 No 88, Sch 1 \\[33\\]. Am 2018 No 59, Sch 4 \\[7\\].","sortOrder":86},{"sectionNumber":"29","sectionType":"section","heading":"Regulations","content":"#### 29 Regulations\n\n29 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, the regulations may make provision for or with respect to—\n> > \n> > > (a) the exercise of the functions of an emergency officer, and\n> > \n> > > (b) the formation, amalgamation and dissolution of SES units and the exercise of their functions.\n> \n> > (3) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.\n> \n> **s 29:** Am 2005 No 88, Sch 1 \\[3\\].","sortOrder":87},{"sectionNumber":"30","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 30 Savings, transitional and other provisions\n\n30 Savings, transitional and other provisions\n\n> Schedule 1 has effect.","sortOrder":88},{"sectionNumber":"31","sectionType":"section","heading":"Repeal of State Emergency Services and Civil Defence Act 1972 and regulations","content":"#### 31 Repeal of State Emergency Services and Civil Defence Act 1972 and regulations\n\n31 Repeal of [State Emergency Services and Civil Defence Act 1972](/view/pdf/asmade/act-1972-11) and regulations\n\n> The [State Emergency Services and Civil Defence Act 1972](/view/pdf/asmade/act-1972-11) and the State Emergency Services and Civil Defence Regulations are repealed.","sortOrder":89},{"sectionNumber":"32","sectionType":"section","heading":null,"content":"#### 32\n\n32–35 (Repealed)","sortOrder":90},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n(Section 30)\n\n**sch 1:** Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 \\[34\\]–\\[36\\]; 2008 No 122, Sch 6.3 \\[2\\] \\[3\\]; 2009 No 84, Sch 1.4 \\[2\\]; 2009 No 90, Sch 1 \\[11\\] \\[12\\]; 2010 No 26, Sch 1 \\[6\\]; 2017 No 9, Sch 4.7 \\[20\\] \\[21\\].","sortOrder":92},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Ins 2008 No 122, Sch 6.3 \\[4\\]. Am 2009 No 84, Sch 1.4 \\[3\\]. Rep 2017 No 9, Sch 4.7 \\[22\\].","sortOrder":120},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Constitution and procedure of Consultative Council","content":"# Schedule 3 Constitution and procedure of Consultative Council\n\nSchedule 3 Constitution and procedure of Consultative Council\n\n(Section 24ZA)\n\n**sch 3:** Ins 2010 No 26, Sch 1 \\[7\\]. Am 2015 No 58, Sch 3.82 \\[5\\] \\[6\\]; 2018 No 25, Sch 5.37 \\[2\\].","sortOrder":121}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1989 purpose of establishing a volunteer emergency service. Major expansions include: (1) Part 5A (funding) added in 2008–2017, creating a complex statutory funding formula requiring local council contributions and State Treasurer payments into a dedicated Fund; (2) Part 5B (2010) adding the Volunteer Consultative Council with detailed governance in Schedule 3; (3) Enhanced emergency powers in 1995 (sections 22A–22F) allowing utility disconnection and material destruction; and (4) Transitional provisions for the 2017 shift from insurance-based funding to property-based funding (Fire and Emergency Services Levy Act 2017), requiring complex wind-up mechanics for insurance company contributions. The original Act was primarily organisational; it is now a comprehensive statute covering funding, governance, emergency powers, and inter-agency coordination."},"complexity_factors":["Extensive cross-referencing with the State Emergency and Rescue Management Act 1989, Government Sector Employment Act 2013, Taxation Administration Act 1996 and others","Mathematical funding formula in section 24B with variables (FTt, EEt, AEt-2) requiring historical expenditure data","Multiple nested command structures (zone → local → unit commanders) with overlapping authorities and deputy arrangements","Conditional emergency powers with specific safeguards: reasonable force only with written authorisation (s 22E), notice requirements for entry (s 22C), compensation mechanisms (s 22E(4))","Transitional provisions spanning multiple amending Acts (2005, 2008, 2009, 2010, 2017) with complex savings clauses for insurance contributions and regional restructuring","Detailed procedural rules for the Consultative Council in Schedule 3 including quorum requirements, pecuniary interest disclosures, and remote meeting provisions","Applied provisions mechanism importing sections from Taxation Administration Act for debt recovery and interest (s 24LA)"],"plain_english_summary":"This Act establishes and governs the NSW State Emergency Service (SES), the volunteer-based emergency response organisation that handles floods, storms, tsunamis and other emergencies.\n\n**What it does:**\n- **Creates the SES** as a statutory body comprising paid staff (Commissioner, Deputy Commissioner and others) and volunteer members of local SES units (Part 2).\n- **Sets out core functions**: The SES is the \"combat agency\" (lead responder) for floods, storms and tsunamis; coordinates evacuations; conducts rescue operations; and assists other emergency services like Police, Fire and Rescue, Rural Fire Service and Ambulance (section 8).\n- **Establishes the chain of command**: The Commissioner runs the Service, with zone commanders, local commanders and unit commanders managing operations across geographic zones and local government areas (Parts 3–4).\n- **Provides emergency powers**: During floods, storms or tsunamis, the Commissioner and authorised officers can direct evacuations, enter premises, shut off utilities (gas, water, electricity), and remove dangerous materials. These powers include using reasonable force if necessary, with safeguards and compensation provisions for property damage (Part 5, sections 22–22F).\n- **Funds the Service**: Local councils must pay an annual contribution (11.7% of the SES funding target for their area) into the NSW State Emergency Service Fund. The State Treasurer also contributes. The funding formula is adjusted yearly based on actual versus estimated expenditure (Part 5A).\n- **Protects volunteers and staff**: Members and volunteers acting in good faith are protected from personal legal liability, and certain damage caused during emergency operations is deemed to be covered by insurance (sections 25–25A).\n- **Creates a Volunteer Consultative Council**: A body with volunteer and staff representatives advises the Commissioner on matters affecting volunteers (Part 5B).\n\n**Who it affects:**\n- **Volunteers**: Tens of thousands of SES volunteers who join local units, follow the command structure, and gain legal protections when responding to emergencies.\n- **Local councils**: Must fund the SES through mandatory contributions and provide facilities (training, storage, offices) for local commanders.\n- **Property owners and residents**: May be required to evacuate or have utilities disconnected during emergencies; conversely, they benefit from rescue and protection services.\n- **Other emergency services**: Must recognise the SES Commissioner's authority during SES-led operations.\n\n**Why it matters:**\nThe Act provides the legal backbone for one of Australia's largest volunteer emergency services. It balances community protection (through evacuation powers and utility controls) with safeguards against abuse of those powers. The funding model ensures local government shares the cost of disaster preparedness, while the volunteer structure keeps the service community-based and scalable during major events like floods and storms."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The original 1989 Act primarily established the SES, its functions and operational command structure. Subsequent amendments — notably the 2008–2009, 2010 and 2017 amendments — materially expanded the Act’s scope by inserting a detailed, statutory financing and collection regime (Part 5A) that allocates costs between the State (Treasurer), local councils (statutory contributions at 11.7% per area) and, in transitional arrangements, insurers. The Act therefore moved beyond governance and emergency powers into fiscal policy and revenue collection, including enforcement via applied taxation provisions (s 24LA), and added institutional consultative structures (Part 5B and Schedule 3). These changes add distributional authority to the Minister/Treasurer and ongoing fiscal obligations for councils, which were not part of the Act’s original, operational focus."},"complexity_factors":["Multiple substantive parts: operational governance (Parts 2–4), emergency powers (Part 5), detailed funding and finance regime (Part 5A), consultative council (Part 5B), and numerous schedules","Two separate definition sections covering general terms (s 3) and funding-specific terms (s 24A)","Funding formula mechanics referencing current, estimated and 2-year-old expenditure with adjustment rules (s 24B(2) and related subsections)","Significant cross-references to other Acts: State Emergency and Rescue Management Act 1989, Taxation Administration Act 1996 (applied provisions), Government Sector Employment Act 2013, Fire and Emergency Services Levy Act 2017, plus multiple transitional/amending Acts","Administrative delegation and discretion concentrated in the Minister and Commissioner (wide discretion over apportionment, appointments, delegations and operational directions — ss 11, 13, 24B(7))","Enforcement and collection mechanisms applying taxation law provisions to non-tax contributions (s 24LA referencing Taxation Administration Act divisions)","Emergency powers with layered procedural and evidential requirements: entry, authorisation, force, notice and compensation rules (ss 22A–22F, 22E)","Numerous later insertions, repeals and transitional provisions (many amending Acts and repealed clauses), increasing interpretive complexity","Detailed administrative rules for the Consultative Council (Schedule 3) including quorum, disclosure of pecuniary interests and meeting procedures","Interlocking payment and instalment timetables for Treasurer, local councils and State Revenue Commissioner (ss 24E–24F, 24IA, 24J–24L)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes the New South Wales State Emergency Service (SES) as a statutory body and sets out its core functions: protection of people and property from floods, storms and tsunamis; acting as the combat agency for those hazards; carrying out rescue operations allocated by the State Rescue Board; and assisting other emergency services when requested (see s 7–8).\n\n- Creates an executive structure: a Commissioner and Deputy Commissioner employed under public sector employment law (s 9), with the Commissioner responsible for managing and controlling the SES (s 11). The Commissioner may appoint emergency officers, zone commanders, local and unit commanders, and may delegate functions (ss 13–17A).\n\n- Gives the Commissioner and authorised senior officers specific emergency powers when responding to qualifying emergencies (flood, storm, tsunami, and certain other incidents): to direct evacuation or exclusion from areas (s 22); to order shut-off or disconnection of supplies and to remove or destroy dangerous materials (s 22A); to enter premises for those purposes (ss 22B–22F); and to use reasonable force in limited, authorised circumstances (s 22E). Regulations may limit how these powers are used (ss 22, 22A(5), 22A(3)).\n\n- Provides legal protections and insurance treatment for people acting in good faith for SES functions: volunteers and officials are not personally liable for acts done in good faith (s 25); certain property damage caused in good faith during emergency measures is treated as damage by the emergency for the purposes of insurance policies and some contractual exclusions are void (s 25A).\n\n- Establishes a funding regime and a State Emergency Service Fund in Treasury. The Minister (with the Treasurer’s agreement) must set an annual SES funding target and an SES funding amount (ss 24B, 24G). The Treasurer pays an annual contribution from Parliamentary appropriations to the Fund equal to the SES funding amount (s 24E). The Minister determines how much each local council must contribute (s 24I).\n\n- Requires local councils to pay a fixed share (11.7%) of the SES funding target for their area (s 24I(3)), subject to instalment notices and assessment notices issued by the State Revenue Commissioner (ss 24K–24L). Unpaid amounts are recoverable and many Taxation Administration Act enforcement provisions apply (s 24LA). Councils must fund contributions from their consolidated funds and generally cannot use donated funds for contributions without Ministerial approval (s 24M).\n\n- Creates the SES Volunteer Joint Consultative Council to advise the Commissioner on volunteer matters and prescribes its membership and procedures (Part 5B, ss 24Z–24ZC and Schedule 3).\n\n- Contains transitional, savings and repeals provisions and a number of later amendments that implement funding and insurance-related arrangements (Schedules and Parts throughout the Act).\n\nWhy it matters (official purpose-claims and testing them)\n\n- The Act mechanically centralises operational control of flood, storm and tsunami response in a publicly employed Commissioner (s 20, s 11). The official rationale is to ensure coordinated, accountable emergency response. That centralisation reduces coordination friction between agencies during qualifying events, but it also concentrates decision-making discretion in the Commissioner and their delegates (ss 13, 16–17C). The implementation risk is that operational outcomes depend on the Commissioner’s delegation choices and on inter-agency cooperation (s 21 requires other emergency services to recognise SES authority during Part 5 emergencies).\n\n- The Act gives the SES intrusive emergency powers (evacuation, utility shut-off, entry, seizure/destruction) with limited statutory constraints and an ability to authorise reasonable force in specified cases (ss 22, 22A–22F, 22E). Regulations may impose further limits (ss 22(3), 22A(5)), but much procedural discretion sits with the Commissioner and senior emergency officers. Those powers change private behaviour: people must obey evacuation and exclusion directions (s 22) and supply firms must comply with shut-off directions (s 22A(2)–(3)). The law provides criminal penalties for non-compliance only where explicitly stated (compare s 22A(3) penalty for failure to comply with a requirement to send a competent person).\n\n- The funding regime added by later amendments transforms the Act from a purely operational/administrative statute into one that allocates fiscal responsibility among three parties: the Treasurer (state funding), local councils (11.7% contributions) and, historically, insurance companies under transitional arrangements (Part 6 and earlier provisions) (ss 24E, 24I, Parts 6, 14–21). The Minister and Treasurer control the funding target and the apportionment to council areas (s 24B(1), (7)), which creates policy and distributional discretion (risk of concentrated benefits and diffuse costs). Councils bear a direct, recurring cost (s 24H–24J) and must provide information on request (s 24C), which imposes compliance and budgeting burdens.\n\nCosts, incentives and trade-offs (concrete mechanisms)\n\n- Who pays: the Treasurer funds the central SES appropriation from Parliamentary monies (s 24E); local councils are legally required to pay 11.7% of the adopted SES funding target for their area (s 24I(3), 24H). Donated funds are generally barred from being used for council contributions without Ministerial approval (s 24M(2)). Transitional insurance liabilities were handled under specific provisions (Part 6).\n\n- Who decides money amounts: the Minister, with the Treasurer’s agreement, sets the SES funding target and apportions it among councils (s 24B). The Minister later adopts an updated SES funding amount (s 24G) and determines each local council’s contribution (s 24I(1)–(2)). The State Revenue Commissioner enforces collection and issues assessment/instalment notices (ss 24K–24L).\n\n- Behaviour change incentives: councils must budget and pay instalments (s 24J), produce information when requested (s 24C, s 24I(4)), and may face debt recovery and taxation-style enforcement if they do not pay (s 24LA). Insurance-related provisions (now largely transitional) required final returns and could impose surcharges or apportion deficits to property owners where foreign insurers were involved (Part 6, cls 15–19).\n\n- Administrative costs and compliance burden: the scheme creates recurring administrative work for the Minister/Commissioner (setting and updating targets, s 24B, 24G), the State Revenue Commissioner (assessments, notices, enforcement, ss 24K–24L, 24LA), and local councils (information supply, accounting, payment instalments, s 24C, 24J). The Commissioner must maintain procedure manuals governing membership actions for SES units (s 18AA(6)), adding internal compliance layers.\n\nImplementation risks and discretion\n\n- The Minister has broad discretion to apportion the funding target between council areas “in the way the Minister thinks fit” (s 24B(7)). That discretion can create contestable distribution outcomes between councils.\n\n- Operational discretion rests heavily with the Commissioner and authorised emergency officers (appointments, training, delegations, and exercise of emergency powers—ss 13, 15, 12, 22A). The Act relies on regulations and Commissioner policies (procedure manuals) to set practice details; failure to regulate or publish procedures could generate legal and practical uncertainty.\n\nConcentrated benefits and diffuse costs\n\n- Benefits of SES funding and services are concentrated on communities at risk from floods, storms and tsunamis and on volunteer members (ss 7–8). Costs are concentrated on local councils required to pay a fixed percentage of the funding target (s 24I(3)), with the remainder borne by the State (s 24E). This creates a clear cost-bearing rule but leaves distributional choices to the Minister.\n\nOther practical constraints in the Act\n\n- The Act forbids using it to end industrial disputes or to control riots/ civil disturbances (s 4).\n- SES membership decisions are subject to internal procedures and appeal/review paths to the Commissioner (s 18AA).\n- Equipment purchased from the Fund cannot be sold by councils without the Commissioner’s written consent and sale proceeds may need to be returned to the Fund (s 24X).\n\nKey sections to look at for further detail: constitutional structure (ss 7–13), emergency powers and safeguards (ss 19–22F), funding mechanics (ss 24A–24Y), legal protections for volunteers (s 25) and insurance treatment (s 25A), and the Consultative Council arrangements (ss 24Z–24ZC and Schedule 3)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act has evolved since 1989 through at least 20 amendment cycles. The most notable structural change visible in this metadata is the 2009 shift from 'Director-General' to 'Commissioner' throughout the Act (except Schedule 1), signalling a shift in how the SES leadership role is framed — from a generic public service title to a more specialised emergency services command title. This suggests the scope has broadened from a basic administrative framework toward a more professionalised emergency management structure over time."},"complexity_factors":["The provided text is largely administrative metadata (version history, website navigation) rather than the substantive provisions of the Act itself, limiting full analysis","Multiple amendments over more than three decades (1989–2023) create layered legislative history that readers must trace","Interaction with other legislation (e.g., Interpretation Act 1987, Administrative Arrangements Orders) adds cross-referencing complexity","Governance structure involving Commissioner, Minister, and local coordination units requires understanding of public administration hierarchy","The Act itself, based on its nature and history, likely contains emergency powers and volunteer management provisions that can be operationally complex in practice"],"plain_english_summary":"## State Emergency Service Act 1989 (NSW)\n\n**What is this law?**\nThis is a NSW law that establishes and governs the **State Emergency Service (SES)** — the volunteer-based organisation that responds to floods, storms, tsunamis, and other emergencies across New South Wales.\n\n**Who does it affect?**\n- **SES volunteers and members** — their roles, responsibilities, and how they're organised are defined by this law\n- **NSW residents** — particularly those in flood-prone or disaster-affected areas who may rely on SES assistance\n- **Local councils and government agencies** — which coordinate with the SES during emergencies\n- **The SES Commissioner** — the senior official who runs the organisation (previously called the \"Director-General\" before a 2009 amendment)\n\n**Why does it matter?**\nThis law is the legal foundation for one of Australia's largest volunteer emergency organisations. It sets out:\n- How the SES is structured and led\n- What powers SES members have during emergencies\n- How the SES works alongside other government bodies\n- The accountability framework for the organisation\n\n**Key change to note:** In 2009, the title of the organisation's head was changed from \"Director-General\" to \"Commissioner\" throughout the Act — reflecting a shift toward a more professional, emergency-services leadership model.\n\n**Bottom line:** If you've ever seen orange-uniformed volunteers sandbagging homes before a flood or clearing trees after a storm, this is the law that gives them their authority and structure."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/state-emergency-service-act-1989","history":"/api/acts/state-emergency-service-act-1989/history","analysis":"/api/acts/state-emergency-service-act-1989/analysis","conflicts":"/api/acts/state-emergency-service-act-1989/conflicts","importantCases":"/api/acts/state-emergency-service-act-1989/important-cases","documents":"/api/acts/state-emergency-service-act-1989/documents"}}