245Determining situations of emergency to enable additional leave

245  Determining situations of emergency to enable additional leave

 (1) The Minister may determine, in writing, that there is a situation of emergency for a specified day for an approved residential care home, or a class of approved residential care homes, if the Minister is satisfied that an emergency is affecting or has affected:

 (a) the home or homes for that day; or

 (b) the community in which the home or homes are located for that day.

Note: An emergency affecting an approved residential care home or community may include a disaster (whether natural or otherwise), an epidemic or a pandemic.

 (2) For the purposes of subsection (1):

 (a) a class of approved residential care homes may include all approved residential care homes in Australia; and

 (b) a day for which a situation of emergency is determined may be a day that is before, on or after the day the determination is made.

 (3) A determination made under subsection (1) for a class of approved residential care homes is a legislative instrument.

 (4) A determination made under subsection (1) for a particular approved residential care home is not a legislative instrument, but must be published on the Department’s website.

 (5) The Minister may, in writing, delegate to the System Governor the power to make a determination under subsection (1). In exercising the power, the System Governor must comply with any directions of the Minister.