sec.271BDeclaration of emergency

### sec.271B Declaration of emergency This section applies if the chief executive— reasonably believes a situation exists that is likely to threaten— the security or good order of a corrective services facility; or the health or safety of a prisoner or another person at a corrective services facility; and is satisfied the situation justifies making a declaration under this section. This section also applies if — there is a public health emergency; and the chief executive is satisfied the public health emergency may affect the health or safety of a prisoner or another person at a corrective services facility. The chief executive may— declare that an emergency exists in relation to the corrective services facility for a stated period; and declare a place to be a corrective services facility (a temporary corrective services facility ) for the period the declaration of the emergency is in force. However, the chief executive may declare an emergency under subsection (3) only if the Minister approves the making of the declaration. Before declaring an emergency under subsection (3) , the chief executive must take reasonable steps to consult with— for an emergency that relates to a disaster— the State disaster coordinator; and the commissioner under the Fire Services Act 1990 ; and if the State disaster coordinator is not a police officer—the commissioner of the police service; and for an emergency that relates to a public health emergency—the chief health officer; and otherwise—the chief executive of a department or other agency that has a function of co-coordinating the State’s response to that type of emergency. A failure to consult under subsection (5) does not affect the validity of a declaration made under this section. The chief executive must ensure the stated period for the declaration is not longer than is reasonably necessary given the emergency. However, the stated period for the declaration must not be longer than— if the emergency relates to a public health emergency—21 days; or if the emergency relates to a disaster that threatens the security of a corrective services facility or safety of people at the corrective services facility—14 days; or if the emergency relates to a risk to the health of prisoners or another person at a corrective services facility without also relating to a public health emergency—7 days; or for all other emergencies—3 days. The declaration lapses at the end of the stated period unless it is sooner revoked by the chief executive. However, if the declaration relates to a public health emergency and the public health emergency ends before the declaration lapses under subsection (8) , the declaration also lapses. In this section— chief health officer see the Hospital and Health Boards Act 2011 , schedule 2 . disaster means a disaster within the meaning of the Disaster Management Act 2003 , section 13 . public health emergency means a public health emergency declared under the Public Health Act 2005 , section 319 (2) . State disaster coordinator see the Disaster Management Act 2003 . s 271B ins 2023 No. 14 s 28 amd 2024 No. 22 s 92 sch 1 (sec.271B-ssec.1) This section applies if the chief executive— reasonably believes a situation exists that is likely to threaten— the security or good order of a corrective services facility; or the health or safety of a prisoner or another person at a corrective services facility; and is satisfied the situation justifies making a declaration under this section. (sec.271B-ssec.2) This section also applies if — there is a public health emergency; and the chief executive is satisfied the public health emergency may affect the health or safety of a prisoner or another person at a corrective services facility. (sec.271B-ssec.3) The chief executive may— declare that an emergency exists in relation to the corrective services facility for a stated period; and declare a place to be a corrective services facility (a temporary corrective services facility ) for the period the declaration of the emergency is in force. (sec.271B-ssec.4) However, the chief executive may declare an emergency under subsection (3) only if the Minister approves the making of the declaration. (sec.271B-ssec.5) Before declaring an emergency under subsection (3) , the chief executive must take reasonable steps to consult with— for an emergency that relates to a disaster— the State disaster coordinator; and the commissioner under the Fire Services Act 1990 ; and if the State disaster coordinator is not a police officer—the commissioner of the police service; and for an emergency that relates to a public health emergency—the chief health officer; and otherwise—the chief executive of a department or other agency that has a function of co-coordinating the State’s response to that type of emergency. (sec.271B-ssec.6) A failure to consult under subsection (5) does not affect the validity of a declaration made under this section. (sec.271B-ssec.7) The chief executive must ensure the stated period for the declaration is not longer than is reasonably necessary given the emergency. (sec.271B-ssec.8) However, the stated period for the declaration must not be longer than— if the emergency relates to a public health emergency—21 days; or if the emergency relates to a disaster that threatens the security of a corrective services facility or safety of people at the corrective services facility—14 days; or if the emergency relates to a risk to the health of prisoners or another person at a corrective services facility without also relating to a public health emergency—7 days; or for all other emergencies—3 days. (sec.271B-ssec.9) The declaration lapses at the end of the stated period unless it is sooner revoked by the chief executive. (sec.271B-ssec.10) However, if the declaration relates to a public health emergency and the public health emergency ends before the declaration lapses under subsection (8) , the declaration also lapses. (sec.271B-ssec.11) In this section— chief health officer see the Hospital and Health Boards Act 2011 , schedule 2 . disaster means a disaster within the meaning of the Disaster Management Act 2003 , section 13 . public health emergency means a public health emergency declared under the Public Health Act 2005 , section 319 (2) . State disaster coordinator see the Disaster Management Act 2003 . - (a) reasonably believes a situation exists that is likely to threaten— (i) the security or good order of a corrective services facility; or (ii) the health or safety of a prisoner or another person at a corrective services facility; and - (i) the security or good order of a corrective services facility; or - (ii) the health or safety of a prisoner or another person at a corrective services facility; and - (b) is satisfied the situation justifies making a declaration under this section. - (i) the security or good order of a corrective services facility; or - (ii) the health or safety of a prisoner or another person at a corrective services facility; and - (a) there is a public health emergency; and - (b) the chief executive is satisfied the public health emergency may affect the health or safety of a prisoner or another person at a corrective services facility. - (a) declare that an emergency exists in relation to the corrective services facility for a stated period; and - (b) declare a place to be a corrective services facility (a temporary corrective services facility ) for the period the declaration of the emergency is in force. - (a) for an emergency that relates to a disaster— (i) the State disaster coordinator; and (ii) the commissioner under the Fire Services Act 1990 ; and (iii) if the State disaster coordinator is not a police officer—the commissioner of the police service; and - (i) the State disaster coordinator; and - (ii) the commissioner under the Fire Services Act 1990 ; and - (iii) if the State disaster coordinator is not a police officer—the commissioner of the police service; and - (b) for an emergency that relates to a public health emergency—the chief health officer; and - (c) otherwise—the chief executive of a department or other agency that has a function of co-coordinating the State’s response to that type of emergency. - (i) the State disaster coordinator; and - (ii) the commissioner under the Fire Services Act 1990 ; and - (iii) if the State disaster coordinator is not a police officer—the commissioner of the police service; and - (a) if the emergency relates to a public health emergency—21 days; or - (b) if the emergency relates to a disaster that threatens the security of a corrective services facility or safety of people at the corrective services facility—14 days; or - (c) if the emergency relates to a risk to the health of prisoners or another person at a corrective services facility without also relating to a public health emergency—7 days; or - (d) for all other emergencies—3 days.