Emergencies Act 2004

Schedule 1A Ambulance service quality assurance committee 138 1A.1 Definitions—sch 1A 138 1A.2 Function of ASQAC 139 1A.3 Appointment of ASQAC members 139 1A.4 Disclosure of interest by ASQAC members etc 139 1A.5 Procedure for ASQAC 141 1A.6 Obtaining information 141

Page contents 11 1A.7 Annual ASQAC report to Minister 142 1A.8 ASQAC may give information 143 1A.9 Admissibility of ASQAC evidence 143 1A.10 Offence—secrecy of protected information 144 Schedule 2 Reviewable decisions 146 Dictionary 148 1 About the endnotes 158 2 Abbreviation key 158 3 Legislation history 159 4 Amendment history 165 5 Earlier republications 185 6 Expired transitional or validating provisions 188

An Act about emergencies and fire and ambulance incidents, and for other purposes

1 Name of Act This Act is the Emergencies Act 2004.

3 Objects of Act The objects of this Act are— (a) to protect and preserve life, property and the environment; and (b) to provide for effective emergency management that— (i) has regard to the need to prepare for, prevent, respond to and recover from emergencies; and (ii) takes an all-hazards approach to emergency management; and (iii) develops community resilience to emergencies; and (c) to provide for the effective and cohesive management by the commissioner of the state emergency service, the ambulance service, the fire and rescue service and the rural fire service; and (d) to recognise the value to the community of all emergency service members, including volunteer members, and providers of operational and administrative support to the commissioner and the services.

Preliminary Chapter 1 Preliminary Part 1.1

4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘land management agreement—see the Planning Act 2023, section 350 (2) (a).’ means that the term ‘land management agreement’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

5 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

6 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6A Meaning of built-up area (1) For this Act, a built-up area is an area declared by the commissioner to be a built-up area. (2) Before making a declaration, the commissioner must consult with— (a) the chief officer (fire and rescue service); and (b) the chief officer (rural fire service). (3) A declaration is a notifiable instrument. Note The fire and rescue service is responsible for fire response in built-up areas.

6B Meaning of rural area For this Act, a rural area is an area not within a built-up area. Note 1 The rural fire service is responsible for fire response in rural areas. Note 2 Certain offences apply to owners of land in rural areas (see div 5.6.2 (Controlled activities and offences relating to fire)).

Chapter 2 Emergency services commissioner

7 Emergency services commissioner (1) The director-general may appoint a public servant to be the ACT Emergency Services Commissioner (the commissioner). Note For the making of appointments (including acting appointments), see the (2) However, the director-general may appoint a person under subsection (1) only if the person has the management, professional and technical expertise to exercise the commissioner’s functions.

8 Commissioner’s functions (1) The commissioner is responsible for— (a) the overall strategic direction and management of the emergency services; and (b) operational and administrative support to the services. Examples—operational and administrative support • spatial services • logistics and fleet management • public information • communication centre • risk management and planning • training Note 1 A chief officer of an emergency service is responsible for the general management and control of the service (see s 28 (3) (a), s 29 (3) (a), s 30 (3) (a) and s 31 (3) (a)). Note 2 For the effective coordination of the emergency, the commissioner may direct a chief officer to undertake response or recovery operations (see s 8A).

(2) The commissioner is also responsible for— (a) community education and awareness about emergencies; and (b) improving community preparedness for emergencies; and (c) emergencies-related advice on planning and development matters. (3) The commissioner has the functions given to the commissioner under this Act and any other territory law. (4) In the exercise of the commissioner’s functions, the commissioner must— (a) seek to give the emergency services a strong, cohesive, strategic and operational direction; and (b) seek to ensure delivery of high-quality and effective service to the community by each of the emergency services; and (c) seek to improve the operational effectiveness and flexibility of the emergency services; and (d) recognise the value of the individual emergency services; and (e) recognise the importance to the services and the community of— (i) all emergency service members, including volunteer members; and (ii) providers of operational and administrative support to the commissioner and the services; and

(f) recognise the diverse needs of the community, including people with special needs; and Examples of people with special needs 1 the frail aged 2 people with a disability 3 people in hospital (g) emphasise community education and preparedness for emergencies; and (h) emphasise the importance of communicating information, advice and warnings to the community during an emergency; and (i) ensure that members of the emergency services and volunteers are properly equipped, trained and prepared; and (j) oversee and coordinate strategic and operational planning for emergencies. Examples of strategic and operational planning for emergencies 1 strategic planning for recovery from a natural disaster 2 operational planning for response to a fuel shortage emergency

8A Directions by commissioner in relation to emergencies (1) This section applies to an emergency other than one for which an emergency controller is appointed. Note Pt 7.3 provides for the management of an emergency for which an emergency controller is appointed or a state of emergency declared. (2) For the effective coordination of the emergency, the commissioner may direct a chief officer to undertake response or recovery operations.

coordination of an emergency means the bringing together of the emergency services and other agencies and resources to support the response to the emergency.

9 Minister and emergency coordination The Minister must, in consultation with the commissioner, ensure that— (a) an emergency coordination centre is established and maintained for the ACT; and (b) common planning, administrative and logistic support is provided for the emergency services (including common communications and emergency coordination centres). common risk management planning

10 Asking advisory council’s advice (1) The commissioner must ask for, and consider, the advisory council’s advice before exercising a function, prescribed by regulation, relating to natural hazards. (2) The commissioner may ask for the advisory council’s advice in relation to the exercise of any other function relating to natural hazards.

11 Commissioner may make guidelines (1) The commissioner may make guidelines for the strategic operation of each of the emergency services (the commissioner’s guidelines). (2) The commissioner’s guidelines are a notifiable instrument except to the extent that the commissioner considers it is in the public interest that it not be notifiable. (3) Any part of the commissioner’s guidelines that is not notified under the Legislation Act must be given to the relevant Assembly (4) The commissioner’s guidelines may make provision in relation to— (a) areas of the emergency services to be operated jointly; and (b) operation of joint areas of the emergency services; and (c) planning and conduct of joint operations of the emergency services; and (d) anything else in relation to the strategic organisation and operation of each of the emergency services that the commissioner considers appropriate. 1 guidelines for the operation of a joint communications area for the services 2 guidelines for joint operations 3 guidelines for joint response to a major building collapse 4 guidelines for ending appointments of volunteer members (including application of the rules of natural justice) Note An Act that authorises the making of a statutory instrument (eg guidelines) authorises an instrument to be made in relation to any matter required or permitted to be prescribed under the authorising law or that is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law (see Legislation Act, s 44).

(5) The commissioner’s guidelines may apply, adopt or incorporate a law or instrument as in force from time to time. Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument (see Legislation Act, s 47 (5) and (6)). (6) The chief officer of an emergency service may recommend amendments of the commissioner’s guidelines to the commissioner.

12 Delegation by commissioner (1) The commissioner may delegate the commissioner’s functions under this Act or another territory law to a public servant, a member of an emergency service , a police officer or an emergency services support volunteer. (2) However, the commissioner may delegate the commissioner’s power under section 8A only to a chief officer.

13 Assistant emergency services commissioners (1) The director-general may appoint 1 or more public servants to be an Assistant ACT Emergency Services Commissioner (an assistant commissioner). and technical expertise to exercise the assistant commissioner’s

14 Assistant commissioners’ functions (1) An assistant commissioner’s function is to support the commissioner in the exercise of the commissioner’s functions. (2) An assistant commissioner must not exercise the assistant commissioner’s function in a way that— (a) is inconsistent with the commissioner’s exercise, or proposed exercise, of a function under this Act or any other territory law; or (b) may unreasonably restrict or undermine the commissioner’s exercise of a function under this Act or any other territory law; or (c) is inconsistent with the commissioner’s guidelines. (3) An assistant commissioner must comply with any direction from the commissioner about the exercise of the assistant commissioner’s (4) If the commissioner is unavailable or, for any other reason, unable to perform the functions of commissioner, the acting commissioner is— (a) if there is only 1 assistant commissioner at the time the commissioner is unavailable or unable to perform the functions—the assistant commissioner; or (b) if there is more than 1 assistant commissioner at the time—the assistant commissioner nominated, by the commissioner, to be the acting commissioner. Note A person acting in a position under a standing acting arrangement has all the functions (including authorities, duties and powers) of the occupant of the position (in this case, the commissioner)—see the Legislation Act, s 225B. (5) An assistant commissioner has any other function prescribed under this Act or another territory law.

15 Delegation by assistant commissioners An assistant commissioner may delegate the assistant commissioner’s functions under this Act or another territory law to a public servant, a member of an emergency service, a police officer or an emergency services support volunteer. Note For laws about delegations, see the Legislation Act, pt 19.4.

Chief officers—appointments and responsibilities Part 3.1

Part 3.1 Chief officers—appointments and responsibilities

28 Chief officer—ambulance service a public servant to be the chief officer of the ambulance service (the chief officer (ambulance service)). (3) The chief officer (ambulance service) is responsible for— (a) the general management and control of the ambulance service; and ambulance service.

Part 3.1 Chief officers—appointments and responsibilities

29 Chief officer—fire and rescue service a public servant to be the chief officer of the fire and rescue service (the chief officer (fire and rescue service)). (3) The chief officer (fire and rescue service) is responsible for— (a) the general management and control of the fire and rescue service; and fire and rescue service; and (c) operational planning for fire response in built-up areas, including fire preparedness and control; and (d) fire response in built-up areas.

30 Chief officer—rural fire service a public servant to be the chief officer of the rural fire service (the chief officer (rural fire service)).

Chief officers—appointments and responsibilities Part 3.1 (3) The chief officer (rural fire service) is responsible for— (a) the general management and control of the rural fire service; and rural fire service; and (c) operational planning for fire response in rural areas, including fire preparedness and control; and (d) fire response in rural areas.

31 Chief officer—SES a public servant to be the chief officer of the SES (the chief officer (SES)).

Part 3.1 Chief officers—appointments and responsibilities (3) The chief officer (SES) is responsible for— (a) the general management and control of the SES; and SES.

32 Deputy chief officers a public servant to be the deputy chief officer of a service. and technical expertise to exercise the deputy chief officer’s (3) A deputy chief officer of a service acts in the position of chief officer of the service— (a) during all vacancies in the position; and (b) during all periods when the chief officer cannot for any reason exercise the functions of the position. Note The Legislation Act, div 19.3.2A deals with standing acting arrangements.

Chief officers—functions and powers Part 3.2 Part 3.2 Chief officers—functions and powers

33 Functions of chief officers (1) The chief officer of an emergency service has the functions given to the chief officer under this Act and any other territory law. (2) The chief officer of an emergency service has all the functions given to the service under this Act.

34 General powers of chief officers (1) The chief officer of an emergency service may, for the protection or preservation of life, property or the environment— (a) with any necessary assistance and force, enter land; or (b) close a street or road to traffic; or (c) bring equipment onto land or into a structure or vehicle; or (d) open a container, or dismantle equipment, using any necessary or reasonable force; or (e) remove, dismantle, demolish or destroy a structure or vehicle; or (f) contain an animal or substance; or (g) remove or destroy an animal, a substance or vegetation; or (h) turn off, disconnect or shut down a motor or equipment; or (i) control, shut off or disconnect a supply of fuel, gas, electricity, water or anything else; or (j) use a supply of water without charge; or

(k) give directions to regulate or prohibit the movement of people, animals or vehicles; or (l) evacuate people or animals from an area to another place; or (m) close any premises; or Examples––premises • government or independent schools • education and care service premises • childcare centres • business premises • health care facilities • residential homes (n) require a person to give information, answer questions, or produce documents or anything else, reasonably needed; or Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (o) require a person to give reasonable assistance to— (i) a member of an emergency service; or (ii) a person acting on behalf of a member of an emergency (iii) a police officer. (2) A power under this section must, if practicable, be exercised in accordance with the commissioner’s guidelines. equipment includes a vehicle. land includes any structure or vehicle on the land.

Chief officers—functions and powers Part 3.2

35 Directions by chief officer to service members (1) The chief officer of an emergency service may, in the exercise of the chief officer’s functions, give directions to emergency service members or any entity acting for the service. (2) A direction by the chief officer (ambulance service) may be about the following: (a) the provision of medical treatment (a medical treatment direction); (b) the scope of practice of an ambulance service member (a scope of practice direction). (3) A direction by a chief officer of an emergency service (other than a medical treatment direction or a scope of practice direction) must, if practicable, be in accordance with any direction of the commissioner and the commissioner’s guidelines. (4) A medical treatment direction and a scope of practice direction must, if practicable, be in accordance with medical treatment standards. scope of practice, for an ambulance service member, means the manner in which an ambulance service member may practise as a member, including, for example, the aspects of practice that an ambulance service member may undertake.

36 Chief officers to advise commissioner (1) The chief officer of an emergency service must advise the commissioner on the capability of the service. (2) The chief officer of an emergency service must report to the commissioner on the capability of the service if the commissioner asks.

37 Taking part in joint operations The chief officer of an emergency service must ensure that members of the service are available to take part in joint operational activities.

38 Standards and protocols for the services (1) The chief officer of an emergency service may, in writing, determine standards and protocols about anything relating to the operation of the service that is not inconsistent with the commissioner’s guidelines. The chief officer (fire and rescue service) may determine standards about members’ duties that are not inconsistent with the guidelines. (2) The chief officer (ambulance service) may also determine standards and protocols for medical treatment provided by the ambulance service (the medical treatment standards).

39 Delegations by chief officers The chief officer of an emergency service may delegate the chief officer’s functions under this Act or another territory law to a public servant, a member of an emergency service or a police officer.

The ambulance service Part 4.1

40 Establishment of ambulance service The ACT Ambulance Service is established.

41 Functions of ambulance service (1) The main function of the ambulance service is to provide ambulance services. (2) The ambulance service has the following additional functions: (a) to undertake assistance operations to support other entities in the assisting police officers or fire and rescue service members in dealing with any incident or emergency (b) any other function prescribed by regulation. (3) In exercising its functions, the ambulance service may— (a) provide medical treatment and pre-hospital or post-hospital patient care; or (b) transport patients by ambulance; or (c) transport patients by medical rescue aircraft.

42 Constitution of ambulance service The ambulance service consists of— (a) the chief officer (ambulance service); and (b) the deputy chief officer (ambulance service); and (c) other ambulance service members; and (d) any volunteer members.

Fire and rescue service Part 4.2 Fire and rescue service Division 4.2.1 Division 4.2.1 Fire and rescue service 43 Establishment of fire and rescue service The ACT Fire and Rescue Service is established. 44 Functions of fire and rescue service (1) The main function of the fire and rescue service is to protect and preserve life, property and the environment from fire in built-up areas. (2) In exercising the function, the fire and rescue service is responsible for— (a) operational planning for fire response in built-up areas, including fire preparedness; and (b) fire response in built-up areas. (3) The fire and rescue service has the following additional functions: (a) to respond to and deal with hazardous material incidents; (b) to respond to rescue incidents; (c) to respond to chemical, biological and radiological incidents; (d) to undertake assistance operations to support other entities in the (e) any other function prescribed by regulation. Example—par (d) assisting police officers or ambulance service members in dealing with any incident or emergency

(4) The fire and rescue service may also— (a) respond to a fire in a rural area; and (b) provide first response to any other incident to which another emergency service may respond under this Act, if the emergency service is unavailable.

45 Constitution of fire and rescue service The fire and rescue service consists of— (a) the chief officer (fire and rescue service); and (b) the deputy chief officer (fire and rescue service); and (c) other members of the fire and rescue service; and (d) any volunteer members.

46 Ranks for fire and rescue service members The chief officer (fire and rescue service) may give members of the fire and rescue service various ranks in accordance with the standards and protocols for the fire and rescue service.

47 Establishment of community fire units The chief officer (fire and rescue service) may establish community fire units and decide the areas for which they are established.

48 Appointment of members of units (1) The chief officer (fire and rescue service) may appoint a person as a member of a community fire unit. (2) The chief officer may end the appointment at any time in accordance with the commissioner’s guidelines.

Fire and rescue service Part 4.2 Community fire units Division 4.2.2

49 Objects and functions of community fire units (1) The object of a community fire unit is to assist people in the area for which the unit is established to learn how to— (a) assist with defensive protection of property from fire; and (b) use equipment for fire prevention work and fire fighting. (2) The functions of a community fire unit are to— (a) undertake fire prevention work; and (b) assist with fire fighting during a fire emergency; and (c) assist with recovery operations after a fire emergency. (3) A community fire unit must exercise its functions— (a) only in the area for which the unit is established; and (b) in accordance with the standards and protocols for fire and rescue; and (c) under the direction of the chief officer (fire and rescue service).

50 Training and equipment for community fire units The chief officer (fire and rescue service) must provide a community fire unit with training and equipment to enable the unit to exercise its

51 Establishment of rural fire service The ACT Rural Fire Service is established.

52 Functions of rural fire service (1) The main function of the rural fire service is to protect and preserve life, property and the environment from fire in rural areas. (2) In exercising the function, the rural fire service is responsible for— (a) operational planning for fire response in rural areas, including fire preparedness; and (b) fire response in rural areas, other than for a fire that is in a building and at which a member of the fire and rescue service is present. (3) The rural fire service has the following additional functions: (a) to undertake assistance operations to support other entities in the assisting members of the fire and rescue service at a fire that is in a building in a rural area (b) any other function prescribed by regulation. (4) The rural fire service may also— (a) respond to a fire in built-up areas; and (b) provide first response to any other incident to which another emergency service may respond under this Act, if the emergency service is unavailable.

The rural fire service Part 4.3

53 Constitution of rural fire service The rural fire service consists of— (a) the chief officer (rural fire service); and (b) the deputy chief officer (rural fire service); and (c) other rural fire service members; and (d) rural fire service volunteer members.

54 Rural fire brigades (1) The chief officer (rural fire service) may establish rural fire brigades for the rural fire service. (2) The chief officer (rural fire service) must determine the number of rural fire brigades for the rural fire service. (3) The chief officer (rural fire service) may also determine names for the brigades. (4) A determination under this section is a notifiable instrument.

55 Ranks for rural fire service members The chief officer (rural fire service) may give members of the rural fire service various ranks in accordance with the standards and protocols for the rural fire service.

Part 4.4 The state emergency service (SES) Part 4.4 The state emergency service (SES) 56 Establishment of SES The ACT State Emergency Service (the SES) is established. 57 Functions of SES (1) The main function of the SES is to undertake planning and response operations for storms and floods. (2) The SES has the following additional functions: (a) to undertake civil defence planning and civil defence operations; (b) to undertake assistance operations to support other entities in the assisting police officers, fire and rescue service members or ambulance service members in dealing with any incident or emergency (c) to undertake assistance operations to support other entities in relation to searches; assisting Airservices Australia with a search and rescue service operation under the Air Services Act 1995 (Cwlth) (d) to provide support for community organisations to the extent that the chief officer (SES) considers would assist the training of members of the service; (e) to undertake any other operation that the chief officer (SES) considers would benefit the community; (f) to undertake an operation prescribed by regulation.

The state emergency service (SES) Part 4.4

58 Constitution of SES The SES consists of— (a) the chief officer (SES); and (b) the deputy chief officer (SES); and (c) other SES members; and (d) SES volunteer members.

59 SES operational units (1) The chief officer (SES) may establish operational units for the SES. (2) The chief officer (SES) must determine the number of operational units for the SES. (3) The chief officer (SES) may also determine names for the operational units. (4) A determination under this section is a notifiable instrument.

59A Ranks for SES members The chief officer (SES) may give members of the SES various ranks in accordance with the standards and protocols for the SES.

59B Appointment of volunteer members (1) The chief officer of a service may appoint a person as a volunteer member of the service. (2) The chief officer may end the appointment at any time in accordance with the commissioner’s guidelines for the service.

59C Volunteer appointments in accordance with guidelines (1) The appointment of a person as a volunteer member of a service must be in accordance with the commissioner’s guidelines for the service. (2) Without limiting subsection (1), the appointment of a volunteer may be made to— (a) an operational unit in the service; and (b) a rank in the service. operational unit includes a brigade. 59CA Appointment of emergency services support volunteers (1) The commissioner may appoint a person as a volunteer (an emergency services support volunteer)— (a) to assist the commissioner to perform the commissioner’s functions under this Act; or

Volunteers Part 4.5 (b) to assist an emergency service to perform the functions given to the service under this Act. (2) However, the commissioner may not appoint a person under subsection (1) if it would be more appropriate for the chief officer of the service to appoint the person as a volunteer member of the service. (3) The appointment of a person to assist an emergency service must be in accordance with the commissioner’s guidelines for the service.

59D Casual volunteers (1) A person in charge of an activity that is part of an operation in which an emergency service is taking part may— (a) ask someone else to take part in the activity without remuneration or reward; or (b) agree to someone else taking part in the activity without remuneration or reward. A member of the ambulance service may ask a volunteer to hold equipment. (2) A person who takes part in an activity under this section is a casual volunteer for this Act. (3) Subsection (2) does not apply to a member of an emergency service or a member of a support unit or a specialist acting under a cooperative arrangement.

(4) The Legislation Act, part 19.3 does not apply in relation to a casual volunteer. Note The Legislation Act, pt 19.3 deals with appointments generally. specialist—see section 175. support unit—see section 175.

Other approved providers Part 4.6

60 Definitions—pt 4.6 ambulance services means the provision of medical treatment and pre-hospital patient care, and includes the transport of a patient by ambulance or medical rescue aircraft. emergency services means— (a) response operations for storms and floods; or (b) assistance operations in relation to emergencies and searches. firefighting services means— (a) services for the protection of life, property and the environment from fire; or (b) response operations for hazardous material incidents or chemical, biological or radiological incidents. rescue services means response operations for rescue incidents, including the release or removal to a safe place of any person, animal or property trapped or endangered because of fire, accident, hazardous material incident, explosion or similar event. response operation means a coordinated response to an incident to which an emergency service may respond under this Act.

61 Approval of person to provide services A person may apply to the Minister for approval to provide ambulance, emergency, firefighting or rescue services.

62 Decision about approval (1) The Minister must approve the applicant to provide the services to which the application relates, or refuse to do so.

(2) Before deciding the application, the Minister must consult with the commissioner. (3) In deciding the application, the Minister must consider— (a) the public interest; and (b) the impact of approval on community health and safety; and (c) the impact of approval on the preservation of life, property and the environment. (4) The Minister may impose conditions on an approval. 1 conditions about quality standards for service delivery 2 conditions about training 3 conditions about uniforms 4 conditions limiting the extent or range of services to be provided (5) An approval is a notifiable instrument.

63 Offence to provide emergency services without approval (a) the person is not approved by the Minister under this part to provide emergency, ambulance, firefighting or rescue services; and (b) the person provides emergency, ambulance, firefighting or rescue services. (2) A person commits an offence if— (a) the Minister approves the person to provide ambulance, emergency, firefighting or rescue services; and

Other approved providers Part 4.6 (b) the person provides ambulance, emergency, firefighting or rescue services for which they are not approved. (3) This section does not apply to— (a) a doctor in relation to the provision of medical treatment, or pre- hospital care to a patient, in the course of, or as an incident of, conducting a medical practice; or (b) an entity in relation to the provision of first aid; or (c) a person who, acting without expectation of payment or other consideration, comes to the aid of a person who is apparently— (i) injured or at risk of being injured; or (ii) is in another way in need of emergency assistance; or (d) a person who, acting without expectation of payment or other consideration, does something to reduce, or attempt to reduce, the effects of an emergency before the arrival of an emergency (e) a Commonwealth or State agency. 1 firefighting services provided by the Defence Force 2 search and rescue services provided under the Air Services Act 1995 (Cwlth)

64 Interstate and overseas emergency services (1) This section applies if an interstate or overseas emergency service responds to an emergency or incident in the ACT. (2) A member of the interstate or overseas emergency service has the functions of the chief officer of an emergency service in relation to the emergency or incident if— (a) the member has charge of other members of the interstate or overseas emergency service; and (b) no-one else present is, under this Act, in charge of the operations at the emergency or incident. Note Function includes authority, duty and power (see Legislation Act, dict, pt 1). (3) If another person present at the emergency or incident is, under this Act, in charge of the operations, a member of the interstate or overseas emergency service must— (a) comply with any direction given by the person in relation to the emergency or incident; and (b) place any equipment in the member’s charge at the disposal of the person. 1 An interstate fire brigade is at a fire in a built-up area and no-one else present is, under this Act, in charge of the firefighting operations. The member of the interstate fire brigade in charge of the brigade will have the functions of the chief officer (fire and rescue service) in relation to the fire.

2 An overseas fire brigade is at a fire in a rural area and members of the rural fire service are also at the fire. The overseas fire brigade must follow the directions of the person in charge of the rural fire service members and allow the rural fire service to use the brigade’s equipment.

Services from outside ACT Part 4.7 (4) This section is subject to any cooperative arrangement that applies to the interstate or overseas emergency service. incident means a fire, an ambulance incident, a rescue or search incident, a hazardous material incident or any other incident to which, under this Act, an emergency service may respond.

67 Fires in built-up area (1) This section applies in relation to a fire in a built-up area. (2) For the purpose of extinguishing or preventing the spread of the fire, or responding to the consequences of the fire, the chief officer (fire and rescue service) may— (a) control and direct members of an emergency service; and (b) direct a person to leave any land or premises on fire, near the fire, or affected by the consequences of the fire; and (c) remove to any place the chief officer considers appropriate anything that the chief officer considers is interfering with, or may interfere with, the fire control operation; and (d) do anything else the chief officer considers appropriate. Examples—par (d) 1 severing or pulling down a fence 2 burning grass or other vegetation (3) Subsection (2) is in addition to anything the chief officer (fire and rescue service) may do under section 34 (1) (General powers of chief officers) or another territory law. Note Under s 34 (1), the chief officer has a number of general powers including to enter land, shut off a power or water supply, demolish or destroy a structure or remove or destroy an animal. (4) The chief officer (fire and rescue service) may do anything mentioned in subsection (2) at, immediately after, or in anticipation of the spread of, the fire.

Fire response and control Part 5.2 (5) For the protection of life or property or to control or extinguish the fire, a member of the fire and rescue service or a police officer may do anything the chief officer (fire and rescue service) may do under an applicable provision or another territory law without being directed or given authority by the chief officer if— (a) the thing is done in accordance with the commissioner’s guidelines for the fire and rescue service; or (b) it is not practicable for a direction or authority to be obtained. (6) For the application of subsection (5) to a member of the fire and rescue service or a police officer in relation to an applicable provision or another territory law, the law applies to the member or police officer as if a reference to the chief officer (fire and rescue service) were a reference to the member or police officer. applicable provision means— (a) this section; or (b) section 34 (1) (General powers of chief officers); or (c) section 69 (Securing area at or after fire). fire includes a fire the chief officer (fire and rescue service) has reasonable grounds for believing may exist.

68 Fires in rural areas (1) This section applies in relation to a fire in a rural area. (2) For the purpose of extinguishing or preventing the spread of the fire, or responding to the consequences of the fire, the chief officer (rural fire service) may— (a) control and direct members of an emergency service; and (b) direct a person to leave any land or premises on fire, near the fire, or affected by the consequences of the fire; and

(c) remove to any place the chief officer considers appropriate anything that the chief officer considers is interfering with, or may interfere with, the fire control operation; and (d) do anything else the chief officer considers appropriate. Examples—par (d) 1 severing or pulling down a fence 2 burning grass or other vegetation (3) Subsection (2) is in addition to anything the chief officer (rural fire service) may do under section 34 (1) (General powers of chief officers) or another territory law. Note Under s 34 (1), the chief officer has a number of general powers including to enter land, shut off a power or water supply, demolish or destroy a structure or remove or destroy an animal. (4) The chief officer (rural fire service) may do anything mentioned in subsection (2) at, immediately after, or in anticipation of the spread of, the fire. (5) If the chief officer (rural fire service) removes stock from land, the chief officer must, as soon as practicable, tell the owner of the land about the removal. (6) If the chief officer (rural fire service) severs or pulls down a fence on land, the chief officer must, as soon as practicable— (a) temporarily repair the fence; and (b) tell the owner of the land about the temporary repair.

Fire response and control Part 5.2 (7) For the protection of life or property or to control or extinguish the fire, a member of the rural fire service, a member of the fire and rescue service or a police officer may do anything the chief officer (rural fire service) may do under an applicable provision or another territory law without being directed or given authority by the chief officer, if— (a) the thing is done in accordance with the commissioner’s guidelines for the rural fire service; or (b) it is not practicable for a direction or authority to be obtained. (8) For the application of subsection (7) to a member of the rural fire service, a member of the fire and rescue service or a police officer in relation an applicable provision or another territory law, the law applies to the member or police officer as if a reference to the chief officer (rural fire service) were a reference to the member or police officer. (9) In this section: applicable provision means— (a) this section; or (b) section 34 (1) (General powers of chief officers); or (c) section 69 (Securing area at or after fire). fire includes a fire that the chief officer (rural fire service) has reasonable grounds for believing may exist.

69 Securing area at or after fire (1) The chief officer (fire and rescue service) may do anything the chief officer considers necessary to make premises safe at or immediately after a fire. shoring up, pulling down or destroying a wall or structure that is damaged or made insecure (2) The chief officer (rural fire service) may do anything the chief officer considers necessary to make premises safe at or immediately after a fire in a rural area, other than a fire that is in a building if a member of the fire and rescue service is present. Note The rural fire service may assist the fire and rescue service in the exercise of its functions in relation to fires in buildings in rural areas. (3) An amount of expenses incurred by the chief officer in doing anything mentioned in subsection (1) may be recovered by the Territory as a debt owing to the Territory by the owner of the premises. owner, of a wall or structure, includes the occupier of the land on which the wall or structure is situated.o

70 Definitions for pt 5.3 agency means— (c) an entity prescribed by regulation for this definition.

71 Commissioner may declare bushfire abatement zone (1) The commissioner may, after consulting with the conservator and the territory planning authority, declare an area to be a bushfire abatement zone. (2) A declaration is a notifiable instrument.

72 Strategic bushfire management plan strategic bushfire management plan for the ACT. (2) In preparing the draft plan, the commissioner must— (a) consult with the advisory council; and (b) consult with the conservator; and (c) consider the impact of the plan on any— (i) land management agreement; or (ii) land manager; or (iii) public land management plan under the Planning Act 2023, section 388 (1).

(3) The commissioner must— (a) prepare a written report setting out the commissioner’s response to any matters raised by the conservator, in writing, during consultation on the draft plan; and (b) give the report to the Minister with the draft plan. (4) After considering the draft plan, the Minister must make a strategic bushfire management plan for the ACT (the strategic bushfire management plan). (5) The plan is a disallowable instrument. (6) If the Minister received a report under subsection (3) (b) in relation to the plan, the report must be presented to the Legislative Assembly with the plan. (7) The commissioner must, in consultation with the advisory council, monitor the scope and effectiveness of the plan. (8) The commissioner, in consultation with the advisory council, may recommend amendments of the plan to the Minister.

73 Bushfire management plan committee (1) The commissioner may establish a committee to help the commissioner prepare the draft strategic bushfire management plan and monitor the scope and effectiveness of the plan. (2) The commissioner must ensure that people with experience in land management and bushfire management are among the committee members. (3) The commissioner may decide— (a) how the committee is to exercise its function; and (b) the procedure to be followed for meetings of the committee.

74 Content of strategic bushfire management plan (1) A strategic bushfire management plan must provide a basis for— (a) bushfire hazard assessment and risk analysis; and (b) bushfire prevention, including hazard reduction; and (c) agency and community preparation and response in relation to bushfires. (2) The plan must include the following: (a) a statement of strategic objectives for the plan; (b) a description of the bushfire environment; 1 weather 2 topography 3 fuels (c) a summary of known bushfire causes; (d) a risk assessment of factors contributing to bushfires and the spread of bushfires; (e) a list of public assets (including cultural and ecological assets) vulnerable to bushfire; (f) a statement about how information is kept about privately-owned assets of public interest vulnerable to bushfire; (g) strategies for prevention of, and preparedness for, bushfires; (h) strategies for access for response and fire management activities; (i) a statement of strategies for research and monitoring of bushfire risk; (j) a statement of strategies for recovery after a bushfire;

(k) a statement of resources needed to meet the objectives of the plan; (l) anything else prescribed by regulation. (3) The plan may also set out— (a) requirements for owners or managers of land for the prevention of, and preparedness for, bushfires; and location and maintenance of fire trails (b) requirements for a bushfire operational plan. 1 prevention activities 2 preparedness activities 3 performance indicators for activities (4) A bushfire management requirement may be for— (a) a particular land manager; or (b) a particular area of land. 1 the manager of an area of unleased territory land 2 land in a bushfire abatement zone

75 Public consultation for strategic bushfire management plan (1) Before making the strategic bushfire management plan, the Minister must prepare a notice (a consultation notice)— (a) stating that copies of a draft of the plan are available for inspection during a stated period of at least 15 business days at stated places; and

(b) inviting interested people to give written comments about the draft plan to the commissioner at a stated address during a stated period ending at least 15 business days after the end of the period mentioned in paragraph (a). (2) The consultation notice is a notifiable instrument. (3) The Minister must give additional public notice of the consultation notice. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

76 Assessment of resources and capabilities (1) After the Minister makes the strategic bushfire management plan, the commissioner must conduct an assessment, based on the plan, of available resources and capabilities for bushfire prevention and preparedness. (2) The commissioner must give the assessment to the advisory council and the Minister.

77 Compliance with strategic bushfire management plan (1) An owner of land must— (a) as far as practicable, ensure that the land is managed in accordance with the strategic bushfire management plan; and (b) comply with any bushfire management requirement for the land. (2) The manager of an area of unleased territory land or land occupied by the Territory must— (a) as far as practicable, ensure that the area is managed in accordance with the strategic bushfire management plan; and (b) comply with any bushfire management requirement for the manager or the land.

77A Inconsistency between strategic bushfire management plan and public land management plan (1) This section applies if the strategic bushfire management plan is inconsistent with a public land management plan in force for an area of unleased territory land or land occupied by the Territory. (2) The public land management plan has no effect to the extent of the inconsistency. public land management plan—see the Planning Act 2023, section 388 (1).

77B Commissioner may make bushfire management standards (1) The commissioner may make standards relating to requirements under the strategic bushfire management plan (the bushfire management standards). (2) In preparing the bushfire management standards the commissioner must consult with the conservator. (3) The bushfire management standards may apply, adopt or incorporate a law or instrument as in force from time to time. Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). (4) The bushfire management standards are a notifiable instrument. (5) The Legislation Act, section 47 (6) does not apply in relation to an Australian Standard, or an Australian/New Zealand Standard, applied, adopted or incorporated as in force from time to time under the bushfire management standards.

78 Bushfire operational plans (1) This section applies to a person who is— (a) the manager of an area of unleased territory land or land occupied by the Territory, unless the land is exempt from the operation of this section under the strategic bushfire management plan; or (b) the owner of an area of land in a bushfire abatement zone if— (i) the strategic bushfire management plan sets out requirements for a bushfire operational plan for the bushfire abatement zone; and (ii) the land is identified in the strategic bushfire management plan as land for which a bushfire operational plan must be prepared. (2) The person must give the commissioner a draft bushfire operational plan for the area in accordance with the strategic bushfire management plan. (3) The commissioner may— (a) approve the draft bushfire operational plan for the area; or (b) approve the draft plan for the area with stated amendments; or (c) decide not to approve the draft plan. (4) The commissioner is taken to have approved a draft bushfire operational plan without amendments if the commissioner does not make a decision about the approval within 40 working days after the day the plan is given to the commissioner. (5) The person must review the bushfire operational plan and give the commissioner a draft updated bushfire operational plan at intervals of not longer than–– (a) for a person mentioned in subsection (1) (a)––2 years; or

(b) for a person mentioned in subsection (1) (b)––5 years.

80 Review of strategic bushfire management plan (1) The Minister must, in consultation with the advisory council, comprehensively review the strategic bushfire management plan at intervals of not more than 5 years. (2) The review must have regard to the 10-year period after the date of the review.

81 Directions by Minister to manager of land (1) The Minister may give a written direction to the manager of an area of unleased territory land, or land occupied by the Territory, in relation to compliance with— (a) a bushfire management requirement for the area; or (b) a bushfire operational plan for the area; or (c) a bushfire management standard for the area. (2) The manager must comply with the direction.

82 Directions by commissioner to owner of land (1) The commissioner may, in writing, direct an owner of land in an area to comply with— (a) a bushfire management requirement for the area; or (b) a bushfire operational plan for the area; or (c) a bushfire management standard for the area. (2) Unless the commissioner is satisfied that there are urgent circumstances, the commissioner must consult with the conservator before giving the direction.

(3) The commissioner may, in consultation with the conservator, make guidelines for giving directions under this section in urgent circumstances.

83 Failure to comply with direction direction given to the person under section 82. Maximum penalty: 50 penalty units Note Inspectors have powers in relation to compliance with the strategic bushfire management plan and bushfire operational plans (see div 5.5.3).

84 Fire fuel reduction The chief officer (fire and rescue service) and the chief officer (rural fire service) may, at any time in accordance with the strategic bushfire management plan and the Environment Protection Act 1997, light a controlled fire anywhere in the ACT for the purpose of reducing the risk of bushfire or the spread of bushfire.

85 Meaning of relevant chief officer—div 5.4.1 In this division: relevant chief officer means— (a) in relation to premises in a built-up area—the chief officer (fire and rescue service); and (b) in relation to premises in a rural area—the chief officer (fire and rescue service) or the chief officer (rural fire service).

86 Notices for premises (1) This section applies if the relevant chief officer believes, on reasonable grounds, that any of the following is or is likely to present a risk (from fire or other hazard) to public safety or to the safety of people who are or are likely to be at premises: (a) the premises; (b) anything at the premises; (c) the lack or inadequacy of fire prevention measures or fire safety systems on or in relation to the premises; (d) the use to which the premises are or are likely to be put; (e) the number of people likely to be at the premises at any time.

Notices and directions for premises Division 5.4.1 (2) The relevant chief officer may issue, for the premises— (a) an improvement notice; or (b) an occupancy notice; or (c) a closure notice. (3) The relevant chief officer must give a copy of the notice to— (a) the person the chief officer believes, on reasonable grounds, to be the occupier of the premises; and (b) if that person is not the owner of the premises—the person the chief officer believes, on reasonable grounds, to be the owner of the premises.

87 Improvement notices (1) An improvement notice for premises must state— (a) the action the occupier of the premises must take to reduce the risk (from fire or other hazard) to public safety or to the safety of people who are or are likely to be at the premises, to a level that the relevant chief officer considers acceptable; and (b) the period during which the action must be taken. (2) Before the end of the period stated in the improvement notice, the relevant chief officer may, on the relevant chief officer’s initiative or on application from the occupier of the premises, by written notice given to the occupier, extend the period.

88 Occupancy notices An occupancy notice for premises must direct the occupier of the premises not to allow more than the number of people stated in the notice to be at the premises at any time.

89 Closure notices A closure notice for premises must direct the occupier of the premises not to allow anyone other than the occupier to be at the premises except— (a) in the course of the person’s employment with the occupier; or (b) to clean, maintain, repair or alter the premises or anything on them; or (c) for this Act.

90 Display of improvement notices etc (1) The occupier of premises for which an improvement notice, occupancy notice or closure notice has been given must, while the notice is in force, display a copy of the notice at every entrance to the premises. (2) The notice must be displayed in a way that it can be easily read by people outside the premises.

91 Ending of notices for premises (1) This section applies if an improvement notice, occupancy notice or closure notice has been given to the occupier of premises. (2) The notice ends when the notice is revoked under this section. (3) The occupier may ask the relevant chief officer who gave the notice, in writing, for a reinspection of the situation or circumstances that caused the notice to be given if the occupier considers there are no grounds for the notice to continue. (4) If the relevant chief officer is satisfied that there are no grounds for the notice to continue, the chief officer must revoke the notice by written notice given to the occupier.

Offences relating to premises Division 5.4.2 (5) Also, the notice is taken to be revoked on the 3rd business day after the day the request for reinspection is received by the relevant chief officer if— (a) the reinspection is not made within 2 business days after the day the request is received; and (b) the person who made the request is not responsible, completely or partly, for the delay in making the reinspection. Note For the meaning of business day, see the Legislation Act, dict, pt 1. (6) This section does not prevent an improvement notice, closure notice or occupancy notice being given to the same person in relation to the same situation or circumstance.

92 Direction to provide fire appliance at premises The relevant chief officer may, in writing, direct the occupier of premises for the provision or installation of a fire appliance at the premises.

93 Failure to display improvement notice etc (1) A person commits an offence if the person— (a) has been given an improvement notice, occupancy notice or closure notice; and (b) fails to display the notice in accordance with section 90. Maximum penalty: 10 penalty units.

94 Failure to comply with improvement notice etc (1) The occupier of premises commits an offence if the occupier fails to take all reasonable steps to comply with an improvement notice, occupancy notice or closure notice given to the occupier. Note Inspectors have powers in relation to enforcement of notices (see div 5.5.3).

95 Offences about fire appliances (1) The occupier of premises commits an offence if the occupier fails to comply with a direction given to the occupier under section 92 (Direction to provide fire appliance at premises). (2) The occupier of premises commits an offence if— (a) a fire appliance is provided or installed at the premises under a direction under section 92; and (b) the occupier does not maintain the fire appliance in accordance with a proper maintenance standard. (3) The occupier of premises commits an offence if— (a) a fire appliance at the premises has been removed, destroyed or damaged or is defective; and (b) the occupier knows or is reckless about whether the fire appliance has been removed, destroyed or damaged or is defective; and (c) the occupier fails to repair or replace the fire appliance.

Offences relating to premises Division 5.4.2 (4) An offence against subsection (1) is a strict liability offence. (5) Strict liability applies to subsection (3) (c). proper maintenance standard means— (a) AS 1851 (Routine service of fire protection systems and equipment) as in force from time to time; or (b) AS/NZS 2293.2 (Emergency evacuation lighting for buildings Inspection and maintenance) as in force from time to time; or (c) a standard approved for the fire appliance as part of a building approval issued for the premises under the Building Act 2004, section 28; or (d) a standard of maintenance prescribed by regulation. (7) The Legislation Act, section 47 (6) does not apply in relation to an Australian Standard, or an Australian/New Zealand Standard, applied, adopted or incorporated as in force from time to time under this section. Note The standards do not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The standards may be purchased at www.standards.org.au.

96 Obstruction of passageway, door etc (a) the person puts anything in a passageway, stairway or exit that people may use, or intend to use, for escape from premises if there is a fire; and (b) the thing obstructs the passageway, stairway or exit; and

(c) the person is reckless about whether the thing obstructs the passageway, stairway or exit. (2) A person commits an offence if the person— (a) does something to a door or exit in a passageway or stairway in premises that may prevent people using the door or exit to leave the premises if there is a fire; and (b) is reckless about whether the thing would prevent people using the door or exit to leave the premises if there is a fire. (3) A person commits an offence if the person fixes a fire door, smoke door or exit door in an open or closed position in a way that is not approved by the chief officer (fire and rescue service). (4) An offence against subsection (3) is a strict liability offence.

97 Offence to store etc flammable material to cause danger A person commits an offence if— (a) the person intentionally stores or deposits flammable material at premises; and (b) the material is stored or deposited in a way that causes, directly or indirectly, a danger to life or property if there is a fire; and (c) the person is reckless about whether the material causes a danger to life or property if there is a fire.

Definitions for pt 5.5 Division 5.5.1

Division 5.5.1 Definitions for pt 5.5

98 Definitions for pt 5.5 occupier, of land or premises, includes a person in charge of the land or premises. person in charge, of land or premises, includes— (a) a person believed, on reasonable grounds, to be a person in charge of, or the occupier of, the land or premises and a person apparently in charge of, or the occupier of, the land or premises; and (b) anyone else in control of the land or premises.

99 Appointment of inspectors (1) The chief officer (fire and rescue service) and the chief officer (rural fire service) are inspectors for this Act. (2) The chief officer (fire and rescue service) may appoint a member of the fire and rescue service as an inspector for this Act. (3) The chief officer (rural fire service) may appoint a member of the rural fire service as an inspector for this Act. naming a person or nominating the occupant of a position (see s 207).

100 Appointment of investigators (1) The chief officer (fire and rescue service) and the chief officer (rural fire service) are investigators for this Act. (2) The chief officer (fire and rescue service) may appoint a member of the fire and rescue service as an investigator for this Act. (3) The chief officer (rural fire service) may appoint a member of the rural fire service as an investigator for this Act. naming a person or nominating the occupant of a position (see s 207).

101 General powers of inspectors and investigators An inspector or investigator who enters land or premises under this part may, for the exercise of a function under this Act, do 1 or more of the following in relation to the land or premises or anything at the land or premises: (a) inspect or examine; (b) take measurements or conduct tests; (c) take samples of water, soil or anything else; (d) make sketches, drawings or any other kind of record (including photographs, films, or audio, video or other recordings); (e) take onto the land or premises any people, equipment or material the inspector or investigator reasonably needs; (f) require the occupier, or anyone at the premises, to give information, answer questions, or produce documents or anything else, reasonably needed;

(g) require the occupier, or anyone at the premises, to give the inspector or investigator reasonable assistance. Note 1 The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. Note 2 Premises includes any land, structure or vehicle and any part of an area

102 Contravention of requirement by inspector or investigator A person must take all reasonable steps to comply with a requirement made of the person under section 101 (f) or (g).

103 Inspector may enter land (1) An inspector may enter land— (a) to conduct a compliance audit for the land of— (i) the strategic bushfire management plan (including any bushfire operational plan approved under the plan); or (ii) the parts of a land management agreement that relate to fire fuel management; or (b) if the inspector believes, on reasonable grounds, that section 120 (Fire prevention—obligations of rural land owners or managers) is not being complied with in relation to the land; or (c) if the inspector believes, on reasonable grounds, that a bushfire management requirement, or bushfire operational plan, under the strategic bushfire management plan for the land is not being complied with. (2) The inspector must give the owner or manager of the land written notice of the proposed entry stating the time and purpose of the entry.

(3) The time of the proposed entry must be at least 24 hours after the notice is given. (4) However, the inspector must not remain on the land if the inspector does not produce the inspector’s identity card for inspection when asked by the occupier of the land.

104 Inspector may enter premises (1) An inspector may, at any time, enter premises— (a) if the inspector believes, on reasonable grounds that there is something at the premises that is, or is likely to be, a danger to life or property if there is a fire; or (b) to find out whether grounds exist for an improvement notice, occupancy notice or closure notice; or (c) to find out whether the premises comply with any relevant fire and safety requirements, maintenance or testing requirements in the building code or any standard applying to the premises under a territory law. (2) For subsection (1) (c) a requirement is relevant if it was a requirement for a certificate of occupancy or regularisation for the premises under the Building Act 2004. (3) However, the inspector must not remain at the premises if the inspector does not produce the inspector’s identity card for inspection when asked by the occupier of the premises.

105 Enforcement of improvement, occupancy and closure notices (1) An inspector may take all reasonable steps to ensure that an improvement notice, occupancy notice or closure notice is complied with. (2) Without limiting subsection (1), the inspector may do any of the following if the inspector believes on reasonable grounds that a person has contravened the notice: necessary and reasonable; (b) prevent a person from entering the premises; (c) remove a person from the premises. (3) An amount of expenses incurred by an inspector in doing anything mentioned in subsection (1) may be recovered by the Territory as a debt owing to the Territory by the owner of the premises.

106 Direction to remove flammable material from premises (1) If an inspector believes, on reasonable grounds, that flammable material is kept on particular premises in a way that may cause, directly or indirectly, a danger to life or property if there is a fire, the inspector may direct the owner of the premises to take stated action to remove the danger. (2) In deciding whether to give the direction, the inspector must consider the following: (a) the amount and kind of flammable material at the premises; (b) climatic conditions affecting the premises and nearby area; (c) the nature, location and use of the premises and nearby premises;

(d) the possible effect of any fire at the premises and nearby premises; (e) the availability of firefighting facilities; (f) the action the inspector believes, on reasonable grounds, is necessary to remove the danger; (g) the period within which the inspector believes it is necessary for the action to be taken. (3) The inspector may also consider any other relevant matter. (4) The direction must be in writing and must state— (a) the action the owner must take to remove the danger; and (b) the period (not shorter than 14 days after the day the direction is given to the owner) within which the action must be taken; and (c) that, if the owner fails to comply with the direction, the inspector may arrange for the removal of the danger at the owner’s expense; and (d) if the direction requires material to be burnt—that the burning must be done in accordance with this Act and the Environment Protection Act 1997. (5) The direction must not be inconsistent with the Environment Protection Act 1997.

107 Contravention of direction to remove flammable material from premises that a person has contravened a direction under section 106. (2) The inspector may— necessary and reasonable; and (b) arrange for the action to be taken that is necessary to remove the danger. (3) At least 24 hours before the inspector enters the premises, the inspector must give written notice to the owner and occupier of the premises stating the time and purpose of entry. (4) An amount of expenses incurred in taking action under subsection (2) (b) may be recovered by the Territory as a debt owing to the Territory by the owner of the premises.

108 Emergency direction to remove flammable material from premises that— (a) a fire emergency applies to particular premises; and (b) flammable material kept at the premises is an immediate and serious danger to life or property if there is a fire; and (c) having regard to the danger, it is not appropriate to give a direction under section 106 (Direction to remove flammable material from premises) to eliminate the danger.

(2) The inspector may— necessary and reasonable; and (b) either— (i) direct the occupier to take stated action; or (ii) arrange for the action to be taken. (3) A direction may be given orally or in writing. (4) A direction must state— (a) the action the inspector believes, on reasonable grounds, is necessary and reasonable for the occupier to take in the emergency to remove the danger; and (b) the period within which the action must be taken. (5) An amount of expenses incurred in taking action under subsection (2) (b) (ii) may be recovered by the Territory as a debt owing to the Territory by the owner of the premises. fire emergency means— (a) a total fire ban; or (b) a situation in which there is an immediate and serious danger to life or property from the outbreak or spread of fire.

109 Directions to comply with fire prevention obligations etc that a person is in breach of— (a) section 120 (Fire prevention—obligations of rural land owners or managers); or

(b) a bushfire management requirement, or bushfire operational plan, under the strategic bushfire management plan; or (c) a bushfire management standard. (2) The inspector may direct the person, in writing, to comply with section 120, the bushfire management requirement or the bushfire operational plan. (3) In deciding whether to give the direction, the inspector must consider— (a) the amount and kind of litter, timber or vegetation on the land (whether alive or dead); and (b) the amount and kind of other flammable materials on the land; and (c) climatic conditions affecting the land; and (d) the nature, location and use of the land and nearby land; and (e) the possible effect of any fire on the land and nearby land. (4) The inspector may also consider any other relevant matter. (5) The direction must state— (a) a period within which the direction must be complied with; and (b) the penalty for failure to comply with the direction. (6) Unless the direction is given on a day or during a period when a total fire ban is in force, the period for compliance must be at least 14 days after the day the direction is given to the person.

110 Contravention of direction direction under section 109 (2) (Directions to comply with fire prevention obligations etc).

111 Investigator may enter land or premises (1) To investigate the cause or origin of a fire, an investigator may at any time enter land or premises where, or near where, the fire happened. (2) However, the investigator must not remain on the land or premises if the investigator does not produce the investigator’s identity card for inspection when asked by the occupier of the land or premises.

112 Investigation of fires (1) To investigate the cause or origin of a fire an investigator may— (a) search land or premises where, or near where, the fire happened; and (b) take possession of the land or premises and of anything on the land or premises; and (c) remove anything from the land or premises; and (d) prevent anyone from entering or remaining at the premises; and (e) remove someone from the premises; and (f) prevent someone from taking anything from the premises.

Investigators Division 5.5.4 (2) The investigator may also do anything the investigator considers necessary to make the premises or land, or nearby areas, safe. in investigating the cause of a fire, an investigator may also remove dangerous materials (3) Subsections (1) and (2) are in addition to anything the investigator may do under section 101 (General powers of inspectors and investigators). (4) The investigator may keep possession of the land or premises and anything on, or removed by the investigator from, the land or premises— (a) if there is, or the investigator believes there may be, an inquiry under the Coroners Act 1997 in relation to the fire—until the end of the inquiry or until the investigator is satisfied there will not be an inquiry; and (b) in any other case—for the time the investigator considers appropriate.

113 Investigator’s power to require name and address (1) An investigator may require a person to state the person’s name and home address if the investigator believes, on reasonable grounds, that the person may be able to assist the investigator in investigating the cause of a fire. (2) If an investigator makes a requirement of a person under subsection (1), the investigator must— (a) tell the person the reasons for the requirement; and (b) as soon as practicable, record those reasons.

(3) A person commits an offence if the person contravenes a requirement under subsection (1). (4) However, a person is not required to comply with a requirement under subsection (1) if, when asked by the person, the investigator does not produce the investigator’s identity card for inspection by the person. (5) Subsection (4) does not apply in relation to an investigator who is a member of an emergency service, or a police officer, in uniform. (6) An offence against this section is a strict liability offence.

Definitions—pt 5.6 Division 5.6.1A

Part 5.6 Total fire ban, controlled activities, related offences and fire permits Division 5.6.1A Definitions—pt 5.6

113A Definitions—pt 5.6 fire permit—see section 126A. firework means a firework within the meaning of the Dangerous Substances (Explosives) Regulation 2004, dictionary other than a general use firework within the meaning of that regulation, section 259. high risk activity means any of the following: (a) welding; (b) grinding; (c) soldering; (d) gas cutting; (e) conduct prescribed by regulation. total fire ban—see section 114 (2).

114 Declaration of total fire ban (1) This section applies if the commissioner is satisfied that— (a) severe weather conditions conducive to the spread of fire exist or are likely; or

(b) because of the number, nature or location of any existing fires, it is appropriate to declare a total fire ban. (2) The commissioner may, in writing, declare a ban (a total fire ban). (3) A declaration— (a) must state the period the total fire ban is in force; and (b) may apply to all or part of the ACT.

115 Publication of total fire ban (1) As soon as possible after declaring a total fire ban, the commissioner must ensure that notice of the total fire ban is— (2) A failure to comply with subsection (1) does not affect the validity of the declaration.

116 Offence—lighting etc fire during total fire ban (a) the person lights, maintains or uses a fire, or uses a firework, in the open air in an area; and (b) a total fire ban is in force for the area. Maximum penalty: 200 penalty units, imprisonment for 2 years or (2) Strict liability applies to paragraph (1) (b).

Total fire bans Division 5.6.1 (3) Subsection (1) does not apply to— (a) a fire lit, maintained or used for fire prevention by anyone acting under this Act; or (b) the maintenance of a fire declared by the commissioner under section 117 to be an exempt fire; or (c) the lighting, maintenance or use of a fire, or the use of a firework, in accordance with a fire permit; or (d) a fire prescribed by regulation that is lit, maintained or used in accordance with a regulation.

116A Offence—high risk activity during total fire ban (a) the person undertakes a high risk activity in the open air in an area; and (b) a total fire ban is in force for the area. Maximum penalty: 100 penalty units, imprisonment for 1 year or (2) Strict liability applies to subsection (1) (b). (3) Subsection (1) does not apply to— (a) a high risk activity undertaken for fire prevention by anyone acting under this Act; or (b) a high risk activity undertaken in accordance with a fire permit; or (c) a high risk activity prescribed by regulation as an exempt high risk activity and undertaken in accordance with a regulation.

117 Declaration of exempt fires (1) The commissioner may declare a fire to be an exempt fire if— (a) the fire is maintained for a ceremonial or commemorative purpose; and (b) the fire is less than 1m3 in volume; and (c) the area for at least 3m around the fire is clear of flammable material; and (d) reasonable steps have been taken to prevent the fire escaping. (2) A declaration is a notifiable instrument. Division 5.6.2 Controlled activities and offences relating to fire

119 Bushfire season (1) For this division, the bushfire season is the period from the beginning of October in a year to the end of March in the next year. (2) However, the commissioner may declare a different date to be the beginning or end of a particular bushfire season. (3) Before making a declaration, the commissioner must consult with the advisory council. (4) A declaration is a notifiable instrument.

120 Fire prevention—obligations of rural land owners or managers (1) The owner or manager of land in a rural area must take all reasonable steps— (a) to prevent and inhibit the outbreak and spread of fire on the land; and

(b) to protect property from fire on the land or spreading from the land. (2) For subsection (1), in deciding what steps are reasonable regard must be had to the following: (a) the amount and kind of litter, timber or vegetation on the land (whether alive or dead); (b) the amount and kind of other flammable material on the land; (c) climatic conditions affecting the land; (d) the location and use of the land and nearby land; (e) the possible effect of any fire on the land and nearby land. (3) Subsection (2) does not limit the matters to which regard must be had. (4) A person commits an offence if the person fails to comply with subsection (1). (b) in any other case—50 penalty units (5) An offence against this section is a strict liability offence.

121 Notification of fire etc—obligations of owners or occupiers of rural land (1) If a person who is the owner or occupier of rural land becomes aware of an outbreak of uncontrolled fire on the land (or on unleased Commonwealth or territory land adjacent to the land), the person must— (a) immediately take all reasonable steps to tell the commissioner, a member of the fire and rescue service or rural fire service, or a police officer, of the outbreak; and

immediately telephoning 000 emergency about the outbreak (b) if the outbreak is on the land owned or occupied by the person and it is not beyond the person’s capacity to extinguish the fire— take all reasonable steps to extinguish it. (2) A person commits an offence if the person fails to comply with subsection (1). (b) in any other case—50 penalty units (3) An offence against this section is a strict liability offence.

122 Using fires and appliances for cooking etc in open air (1) This section does not apply if a total fire ban is in force. (2) A person may use an electric or gas heating appliance to cook food or heat liquids in the open air on any land if the area around the appliance is cleared of flammable material for at least 3m in every direction. (3) A person may light, maintain or use a fire in the open air on unleased Territory or Commonwealth land in the fireplaces provided by the Territory or Commonwealth. (4) A person may light, maintain or use a fire in the open air on unleased Territory or Commonwealth land to cook food or heat liquids, other than in the fireplaces provided by the Territory or Commonwealth, if— (a) the person does so in accordance with a fire permit; and (b) the area around the place where the fire is to be lit, maintained or used is cleared of flammable material for at least 3m in every direction; and (c) the fire is under the control of a responsible adult; and

(d) an adequate means of putting out the fire is available for use. • a fire extinguisher • a fire blanket • a continuous stream of water (5) A person may light, maintain or use a fire in the open air on residential land for heating or to cook food or heat liquids if— (a) the area around the place where the fire is to be lit, maintained or used is cleared of flammable material for at least 3m in every direction; and (b) the fire is under the control of a responsible adult; and (c) an adequate means of putting out the fire is available for use. residential land means land leased for a residential purpose.

123 Lighting fires for burning off (1) This section does not apply if a total fire ban is in force. (2) The owner of land may burn any material (including wood, straw, stubble, grass and herbage) on the land on any day outside the bushfire season if— (a) the land around the material to be burnt is clear of flammable material for at least 5m in every direction; and (b) at least 24 hours before burning the material, the owner has given notice of the intended burning to every occupier of land adjacent to the land where the material is to be burnt. (3) The owner of land may burn any material (including wood, straw, stubble, grass and herbage) on the land on any day in the bushfire season if the owner does so in accordance with a fire permit.

(4) The owner of land may also burn material on any day (whether in or outside the bushfire season) in accordance with the commissioner’s oral approval. (5) The commissioner may give an approval for subsection (4) if the commissioner considers it is reasonable because of the nature or small amount of the material to be burned. (6) This section does not affect— (a) the duties of a person under the Environment Protection Act 1997, section 22 (General environmental duty); or (b) any obligation to hold an authorisation under that Act, section 42 (Conducting prescribed classes of activities); or (c) any other obligation under that Act. (7) In this section, a reference to the owner of land includes a reference to a person who acts for, or with the consent of, the owner of the land.

125 Offence—lighting unauthorised fire (a) the person— (i) intentionally lights, maintains or uses a fire in the open air, or burns flammable material, on any land; or (ii) engages in conduct reckless about whether the conduct would cause a fire to be lit or maintained in the open air, or flammable material to be burnt, on any land; and (b) the lighting or burning is not permitted under this Act or done for fire prevention by anyone acting under this Act. units, imprisonment for 1 year or both; and

(b) in any other case—50 penalty units, imprisonment for 6 months or both. flammable material includes wood, straw, stubble, grass and herbage.

126 Offence—leaving fire without extinguishing it (1) A person commits an offence if the person— (a) lights, maintains or uses a fire in the open air on any land; and (b) leaves the fire (whether temporarily or not) without extinguishing it. (b) in any other case—50 penalty units. (2) Subsection (1) does not apply if the person leaves the fire under the control of a responsible adult. (3) Subsection (1) does not apply to a fire lit, maintained or used for fire prevention by anyone acting under this Act. lighting a controlled fire in a rural area to reduce the risk of bushfire under section 84 (Fire fuel reduction) (4) An offence against this section is a strict liability offence.

126A Commissioner may issue fire permit (1) The commissioner may, at any time, issue a written permit (a fire permit) authorising a person to carry out any of the following (a proposed activity) for a period: (a) light, maintain or use a fire; (b) use a firework; (c) undertake a high risk activity. (2) An application for a fire permit must state— (a) the location of the proposed activity; and (b) the nature of the proposed activity; and (c) the date and time of the proposed activity; and (d) the safety precautions to be undertaken in relation to the proposed activity. (3) In deciding whether to issue a fire permit, the commissioner— (a) must consider— (i) the matters stated in the application; and (ii) the weather conditions forecast for the time of the proposed activity; and (iii) the availability of the Territory’s firefighting resources for the time of the proposed activity; and (b) may consider any other relevant matter. (4) A fire permit must— (a) state the following: (i) the person to whom the permit is issued;

Fire permits Division 5.6.3 (ii) the day the permit comes into force and the day it expires; (iii) whether or not the permit remains in force when a total fire ban is also in force; (iv) the conditions (if any) on the permit; and (b) include any other information prescribed by regulation.

126B Operation of fire permit (1) A fire permit issued to a person does not affect the person’s— (a) duties under the Environment Protection Act 1997, section 22 (General environmental duty); or (b) obligation to hold an authorisation under that Act, section 42 (Conducting prescribed classes of activities); or (c) other obligations, if any, under that Act. (2) A fire permit is subject to the conditions (if any) stated in the permit. (3) A fire permit that does not state that it remains in force during a total fire ban is suspended for the period a total fire ban is in force, unless the total fire ban is declared not to apply to a part of the ACT where the activity authorised by the fire permit is carried out.

127 Establishment of multi-hazard advisory council The ACT Multi-Hazard Advisory Council is established.

128 Constitution of advisory council (1) The advisory council consists of— (a) a chairperson; and (b) a deputy chairperson; and (c) at least 3, but not more than 10, other members. (2) The deputy chairperson acts in the position of chairperson— (a) during all vacancies in the position; and (b) during all periods when the chairperson cannot for any reason exercise the functions of the position.

129 Advisory council members (1) The Minister must appoint the advisory council members. (2) The Minister may appoint a person as a member only if the Minister considers the person has the appropriate qualifications or experience to assist the council to exercise its functions. (3) The following must not be appointed under subsection (1): (a) the commissioner; (b) an assistant commissioner; (c) the chief officer of an emergency service.

Multi-hazard advisory council Chapter 6 (4) A person must not be appointed for a term that is longer than 4 years. (5) A person must not be appointed for more than 2 consecutive terms.

130 Functions of advisory council (1) The advisory council has the following functions: (a) advising the Minister about matters relating to natural hazards; (b) if the commissioner asks for the council’s advice before exercising a function relating to natural hazards—advising the commissioner about the exercise of the function; Note The commissioner must ask for the advisory council’s advice before exercising certain functions (see s 10). (c) any other function— (i) given to the council under this Act or another territory law; or (ii) prescribed by regulation. Note A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196). (2) The council may publish advice given under subsection (1) (a) or (b) if the council first consults the commissioner about publishing the advice.

131 Director-general to give support to advisory council The director-general must provide administrative support and facilities for the advisory council.

132 Ending of advisory council members’ appointments The Minister may end the appointment of an advisory council member— (a) for misbehaviour; or (b) for physical or mental incapacity, if the incapacity affects the exercise of the member’s functions; or (c) if the member— (i) becomes bankrupt or personally insolvent; or (ii) is absent, other than on leave approved by the Minister, from 3 consecutive meetings of the advisory council; or (iii) contravenes section 134 (Disclosure of interests by advisory council members) without reasonable excuse; or (iv) commits, in Australia or elsewhere, an offence punishable by imprisonment for at least 1 year; or (d) if the Minister is satisfied that the member’s ability to function as a member is affected by an interest disclosed under section 134.

133 Advisory council terms of reference and procedures (1) The Minister may, on the Minister’s own initiative or in consultation with the advisory council, determine the terms of reference and the procedures for the council. (2) A determination under subsection (1) is a notifiable instrument. (3) If the Minister has not made a determination about the council’s procedures, the council may decide its own procedures in relation to anything for which a procedure is not provided under this Act.

Multi-hazard advisory council Chapter 6

134 Disclosure of interests by advisory council members (1) An advisory council member who has a relevant interest in an issue being considered, or about to be considered, by the council must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the council. (2) The disclosure must be recorded in the advisory council’s minutes and, unless the council otherwise decides, the member must not— (a) be present when the council considers the issue; or (b) take part in a decision of the council on the issue. (3) Any other advisory council member who also has a relevant interest in the issue must not— (a) be present when the council is considering its decision under subsection (2); or (b) take part in the decision. relevant interest, in an issue, means— (a) a direct or indirect financial interest in the issue; or (b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the advisory council member’s functions in relation to the council’s consideration of the issue.

135 Reporting of disclosed interests to Minister (1) Within 14 days after the disclosure of an interest under section 134 (1), the advisory council chairperson must report to the Minister in writing about— (a) the disclosure; and

(b) the nature of the interest disclosed; and (c) any decision by the council under section 134 (2). (2) The advisory council chairperson must give the Minister, by 31 July each year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year. (3) The Minister must give a copy of the statement to the relevant Assembly committee within 14 days after the day the Minister receives the statement.

Security and Emergency Management Senior Officials Group Part 7.1

Part 7.1 Security and Emergency Management Senior Officials Group

141 Security and Emergency Management Senior Officials Group The Security and Emergency Management Senior Officials Group (SEMSOG) is established.

142 Constitution of SEMSOG (1) The SEMSOG consists of— (a) the director-general of each administrative unit; and (b) the under treasurer; and (c) the commissioner; and (d) the chief officer (ambulance service); and (e) the chief officer (fire and rescue service); and (f) the chief officer (rural fire service); and (g) the chief officer (SES); and (h) the chief police officer; and (i) the chief health officer; and (j) the other members appointed under subsection (2). (2) The Minister may appoint other members of the SEMSOG. (3) The director-general is the chair of the SEMSOG.

Part 7.1 Security and Emergency Management Senior Officials Group under treasurer—see the Financial Management Act 1996, dictionary.

143 Functions of SEMSOG (1) The main function of the SEMSOG is to provide for liaison between entities in relation to security and emergency management. (2) In exercising the function, the SEMSOG must seek to— (a) enhance security and emergency management capabilities; and (b) reduce community vulnerability to the effects of emergencies; and (c) improve security and emergency management awareness and training. (3) The SEMSOG has the following additional functions: (a) to advise the Minister and the Chief Minister about security and emergency management; (b) to support the commissioner and the chief police officer in security and emergency management; (c) to support the preparation of— (i) the emergency plan or any part of the plan; and (ii) an emergency sub-plan; and (iii) a community communication and information plan; (d) any other function prescribed by regulation.

Emergency plan Part 7.2

147 Emergency plan emergency plan for the ACT. (2) After considering the draft plan, the Minister must, in writing, make an emergency plan for the ACT. (3) The emergency plan must provide a basis for— (a) emergency management; and (b) coordination of emergency service agencies; and (c) coordination of Territory, Commonwealth and State agencies; and (d) coordination of other entities. (4) The commissioner must monitor— (a) the scope of the emergency plan in relation to the range of emergencies to which it relates; and (b) the effectiveness of the emergency plan in relation to each kind of emergency. (5) The commissioner may recommend amendments of the emergency plan to the Minister.

148 Emergency sub-plans (1) The Minister may make a plan for a hazard specific emergency for the ACT (an emergency sub-plan). Examples—hazard specific emergency • terrorist attack • flood emergency • storm emergency • bushfire emergency • urban fire emergency • chemical or hazardous material incident • disease or epidemic emergency (2) An emergency sub-plan may provide a basis for coordination of— (a) emergency service agencies; and (b) Territory, Commonwealth and State agencies; and (c) other entities. (3) An emergency sub-plan must not be inconsistent with the emergency plan.

149 Community communication and information plan (1) The Minister must make a plan (a community communication and information plan) for communicating information to the community during an emergency. (2) The community communication and information plan must include— (a) provisions about when and how reports must be given to the community, and the kinds of reports that must be given; and • incident reports • situation reports

Emergency plan Part 7.2 (b) provisions to ensure— (i) that arrangements are made with a number of media organisations to establish adequate and reliable communications; and (ii) that the media has appropriate training. involving the media in regular emergency exercises

149A Preparation of community communication and information plan community communication and information plan for communicating information to the community during an emergency. (2) In preparing the draft plan the commissioner must consult the SEMSOG. (3) After considering the draft plan, the Minister must, in writing, make a community communication and information plan for the ACT.

149B Communicating information about emergencies The commissioner must ensure that information about emergencies is given to the community in accordance with the community communication and information plan.

150 Application—pt 7.3 (1) This part applies to an emergency that, because of its scale or nature— (a) presents a significant danger to the health or safety of people, animals or property in the ACT or to the environment of the ACT; or (b) presents a significant risk of disruption of essential services in the ACT. (2) To remove any doubt, this part applies to an emergency even if events or circumstances giving rise to the emergency exist or happen outside the ACT. (3) This part does not authorise the taking of measures directed at— (a) ending an industrial dispute; or (b) dealing with a riot or other civil disturbance.

Division 7.3.1A Emergency controller and deputy emergency controller

150A Appointment of emergency controller (1) This section applies if the Chief Minister— (a) is satisfied that–– (i) an emergency has happened, is happening or is likely to happen; but (ii) it is not necessary to declare a state of emergency; or

(b) declares that a state of emergency exists in relation to an (2) The Chief Minister— (a) for subsection (1) (a)—may appoint a person to be the emergency controller for the emergency; and (b) for subsection (1) (b)—must appoint a person to be the emergency controller for the declared state of emergency. Note 3 If the Chief Minister is absent from duty or otherwise unable to exercise Minister (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 44). (4) The appointment of the emergency controller for an emergency under subsection (1) (a) must be for a term of not longer than 28 days. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). (5) If a person is appointed as the emergency controller for an emergency under subsection (1) (a) and the Chief Minister declares a state of emergency in relation to the emergency, the person is taken to be appointed under subsection (2) (b) as the emergency controller for the declared state of emergency. (6) However, the Chief Minister may appoint someone else under subsection (2) (b) to be the emergency controller for the declared state of emergency.

(7) The appointment of a person as the emergency controller— (a) for an emergency under subsection (1) (a)—ends on the earliest of the following occurring: (i) the appointment is revoked; (ii) the person is taken to be the emergency controller for a declared state of emergency under subsection (5); (iii) another person is appointed to be the emergency controller for a declared state of emergency as mentioned in subsection (6); (iv) the term of the appointment ends; or (b) for a declared state of emergency under subsection (1) (b)—ends if the appointment is revoked. (8) The Chief Minister may be satisfied that an emergency is likely to

150B Functions of emergency controller (1) An emergency controller appointed under section 150A for an emergency has the following functions in relation to the emergency: (a) to manage the response to, and the recovery from, the emergency by ensuring that entities dealing with the emergency are appropriately deployed; (b) to coordinate the disposition of other resources to manage the emergency; (c) to advise the Minister and the Chief Minister about the emergency;

(d) to advise the community on anything relating to the emergency that the emergency controller considers appropriate; (e) any other function given to the emergency controller under this Act or another territory law. (2) However, the Chief Minister may direct, in writing— (a) that the emergency controller is not to have a function (or part of a function) mentioned in subsection (1); or (b) that the emergency controller has another stated function. Note A direction may be included in the instrument of appointment (see Legislation Act, s 49). (3) As far as practicable, the emergency controller must exercise the emergency controller’s functions in accordance with the emergency plan and any relevant emergency sub-plan.

150C Emergency powers of emergency controller (1) This section applies if an emergency controller is appointed under section 150A for an emergency. (2) For the management of the emergency, the emergency controller may–– (a) direct the movement of people, animals or vehicles within, into or around the area to which the emergency applies (the emergency area); and (b) give directions regulating or prohibiting the movement of people, animals or vehicles within, into or around the emergency area; and (c) direct, in writing, the owner of property in or near the emergency area to place the property under the control, or at the disposal, of the emergency controller; and

(d) direct a person to give information, answer questions, or produce documents or anything else, reasonably needed; and Example—information personal health information or a health record Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (e) take possession of any premises, animal, substance or thing in or near the emergency area; and (f) excavate land, form tunnels or construct earthworks, barriers or temporary structures in or near the emergency area; and (g) control, use, close off or block a drainage facility in or near the emergency area; and (h) in relation to essential services–– (i) maintain, restore or prevent disruption of the services; and (ii) control and coordinate the distribution of services; and Examples––essential services • water • electricity • gas • fuel • food • health • waste disposal • sanitation • freight • public transport • correctional facilities

(i) do anything else that the chief officer of an emergency service may do under section 34 (General powers of chief officers). Note A chief officer has a number of general powers including to enter land, shut off a power or water supply, demolish or destroy a structure or remove or destroy an animal. (3) Subsection (2) operates despite any other territory law. (4) However, the Chief Minister may direct, in writing— (a) that the emergency controller is not to have a power (or part of a power) mentioned in subsection (2); or (b) that the emergency controller has another stated power. Note A direction may be included in the instrument of appointment (see Legislation Act, s 49). (5) The emergency controller may delegate a function mentioned in subsection (2) to the head of an entity. (6) A person who is delegated a function under subsection (5) may delegate the function to another member, officer, employee or contractor of the entity. owner, of property, includes an occupier or someone apparently in charge of the property. 150CA Appointment of deputy emergency controller (1) This section applies if the Chief Minister— (a) is satisfied that–– (i) an emergency has happened, is happening or is likely to happen; but (ii) it is not necessary to declare a state of emergency; or

(b) declares that a state of emergency exists in relation to an (2) The Chief Minister may appoint a person to be the deputy emergency controller for the emergency or declared state of emergency. Note 3 If the Chief Minister is absent from duty or otherwise unable to exercise Minister (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 44). (4) The appointment of the deputy emergency controller for an emergency under subsection (1) (a) must be for a term of not longer than 28 days. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). (5) If a person is appointed as the deputy emergency controller for an emergency under subsection (1) (a) and the Chief Minister declares a state of emergency in relation to the emergency, the person is taken to be appointed under subsection (2) as the deputy emergency controller for the declared state of emergency. (6) However, the Chief Minister may appoint someone else under subsection (2) to be the deputy emergency controller for the declared state of emergency.

(7) The Chief Minister may appoint a person to be the deputy emergency controller only if the person has the management, professional and technical expertise to exercise the deputy emergency controller’s functions mentioned in section 150CB. (8) The Chief Minister must consult the following people before appointing a person to be the deputy emergency controller for the emergency or declared state of emergency: (a) if an emergency controller for the emergency has been appointed under section 150A—the emergency controller; (b) if an emergency controller for the emergency has not been appointed under section 150A or will be appointed at the same time as the deputy emergency controller—the Minister, SEMSOG or both. (9) The appointment of a person as the deputy emergency controller— (a) for an emergency under subsection (1) (a)—ends on the earliest of the following occurring: (i) the appointment is revoked; (ii) the person is taken to be the deputy emergency controller for a declared state of emergency under subsection (5); (iii) another person is appointed to be the deputy emergency controller for a declared state of emergency as mentioned in subsection (6); (iv) the term of the appointment ends; (v) the appointment of the emergency controller is revoked; or (b) for a declared state of emergency under subsection (1) (b)—ends if the appointment of the emergency controller is revoked.

(10) The Chief Minister may be satisfied that an emergency is likely to 150CB Functions of deputy emergency controller The functions of the deputy emergency controller for an emergency are— (a) to support the emergency controller for the emergency to perform the emergency controller’s functions mentioned in section 150B during the emergency, as directed by the emergency controller; and (b) if the emergency controller for the emergency is unavailable or is, for any other reason, unable to perform the functions of the emergency controller during the emergency—to act as the emergency controller. Note A person acting in a position under a standing acting arrangement has all the functions (including authorities, duties and powers) of the occupant of the position (in this case, the emergency controller)—see the Legislation Act, s 225B.

151 Declaration of state of alert (a) the Minister is satisfied that— (i) an emergency is likely to happen; and (ii) the nature of the emergency calls for an urgent, significant and coordinated response to minimise or manage a substantial risk to— (A) the safety of people, animals or property; or

Declared emergencies Division 7.3.1B (B) the preservation of the environment; or (C) the provision of essential services; and (b) the Chief Minister has not declared that a state of emergency exists in relation to the emergency. (2) The Minister may, in writing, declare that a state of alert exists. (3) A declaration may be made for all or part of the ACT. (4) The Minister may be satisfied that an emergency is likely to happen if the Minister is satisfied that an event that has happened or is happening, or a circumstance that exists, gives rise to the likelihood of an emergency. declaration of a state of alert for an impending major outbreak of disease or impending flooding

152 Declaration of state of alert commences immediately A declaration of a state of alert commences immediately after the Minister makes the declaration.

153 Publication of state of alert declaration (1) As soon as possible after declaring that a state of alert exists, the Minister must ensure that notice of the declaration is— (2) A failure to comply with subsection (1) does not affect the validity of the declaration.

154 Minister to give reports to community during state of alert During a state of alert, the Minister must give the community regular situation reports, and other reports, in accordance with the community communication and information plan. 1 community vulnerability to the effects of the emergency that is likely to happen 2 preparation for the emergency that is likely to happen

155 State of emergency ends state of alert (a) a declaration that a state of alert is in force for the ACT or a part of the ACT; and (b) the Chief Minister declares that a state of emergency exists for the ACT or the part of the ACT. (2) The state of alert ends when the state of emergency is declared.

156 Declaration of state of emergency (1) This section applies if the Chief Minister is satisfied that— (a) an emergency has happened, is happening or is likely to happen; and (b) the nature of the emergency calls for an urgent, significant and coordinated response to minimise or manage a substantial risk to— (i) the safety of people, animals or property; or (ii) the preservation of the environment; or (iii) the provision of essential services.

Declared emergencies Division 7.3.1B (2) The Chief Minister may, in writing, declare that a state of emergency exists. Note If the Chief Minister is absent from duty or otherwise unable to exercise Minister (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 44). (3) A declaration may be made for all or part of the ACT. (4) The Chief Minister may be satisfied that an emergency is likely to

157 Declaration of state of emergency commences immediately A declaration of a state of emergency commences immediately after the Chief Minister makes the declaration.

158 Publication of declaration of state of emergency (1) As soon as possible after declaring that a state of emergency exists, the Chief Minister must ensure that notice of the declaration is— (2) A failure to comply with subsection (1) does not affect the validity, of the declaration.

Division 7.3.1C General provisions applying if emergency controller appointed

161 Management executive for emergency (1) As soon as possible after an emergency controller is appointed, the emergency controller must establish a management executive for the (2) The management executive consists of people nominated by the emergency controller and may include members of the SEMSOG. (3) The management executive must provide support to the emergency controller in the exercise of the emergency controller’s functions. (4) The emergency controller is not required to consult with the management executive before exercising a function. (5) The management executive may decide its own procedure in relation to anything for which a procedure is not provided under this Act. (6) The management executive may hold its meetings by means of a method of communication, or a combination of methods of communication, that allows the members taking part to hear what each other member says without being in each other’s presence. a phone link, a satellite link, an internet or intranet link

162 Management of emergency (1) For the management of an emergency for which an emergency controller is appointed, the emergency controller may direct the commissioner or the head of an entity to undertake response or recovery operations. (2) The emergency controller may not direct the person to undertake an operation in a particular way.

General provisions applying if emergency controller appointed Division 7.3.1C

164 Failure to comply with direction given under emergency powers direction given to the person under section 150C (2) (a), (b), (c) or (d).

165 Chief Minister’s directions to emergency controller (1) The Chief Minister may give an emergency controller written directions about the exercise of the controller’s functions. (2) The emergency controller must give effect to a direction.

166 Emergency controller to give information about controller’s operations An emergency controller must give the Chief Minister or the Minister the information about the controller’s operations that the Chief Minister or Minister asks for.

166A Emergency controller to advise Chief Minister and Minister (1) The emergency controller for an emergency must advise the Chief Minister and the Minister at least every 7 days about— (a) the status of the emergency; and (b) if a state of alert is declared for the emergency—whether the emergency controller considers the declaration of the state of alert is still justified; and (c) if a state of emergency is declared for the emergency—whether the emergency controller considers the declaration of the state of emergency is still justified; and

(d) whether the emergency controller considers the appointment of the emergency controller is still justified having regard to the status of the emergency. (2) A failure by the emergency controller to comply with subsection (1) (b), (c) or (d), does not affect the validity of the corresponding declaration under subsection (1) (b) or (c), or appointment under subsection (1) (d).

166B Revocation of state of alert and state of emergency declarations and appointment of emergency controller (1) The Minister must revoke a declaration of a state of alert, if the Minister decides, after taking into account any advice of the emergency controller under section 166A (1) (b), that the state of alert is no longer justified. (2) The Chief Minister must revoke a declaration of a state of emergency, if the Chief Minister decides, after taking into account any advice of the emergency controller under section 166A (1) (c), that the state of emergency is no longer justified. (3) The Chief Minister must revoke the appointment of the emergency controller if the Chief Minister decides, after taking into account any advice of the emergency controller under section 166A (1) (d), that the appointment is no longer justified.

167 Deployment of resources outside ACT in emergency During an emergency for which an emergency controller is appointed, a person must not deploy Territory resources outside the ACT, in relation to an emergency outside the ACT, without the approval of the emergency controller.

General provisions applying if emergency controller appointed Division 7.3.1C

168 Power to remove person obstructing response operations etc (1) If an emergency controller believes, on reasonable grounds, that a person is obstructing, or threatening to obstruct, response or recovery operations in an emergency, the controller may remove the person to another place. (2) The controller may use any necessary and reasonable force. (3) This section does not authorise the detention of a person except for the purpose of the removal.

169 Compensation—emergencies (1) A person who suffers loss because of an act or omission of an emergency controller under section 150C (Emergency powers of emergency controller) is entitled to be paid reasonable compensation by the Territory for the loss. (2) Compensation is not payable to a person for a loss to the extent— (a) of any amount recovered or recoverable by the person under a policy of insurance; or (b) that the conduct of the person contributed to the loss. (3) Compensation is not payable to a person for a loss if the loss would have arisen despite the act or omission of the emergency controller. (4) The person may apply, in writing, to the Minister for compensation. (5) The application must state particulars of the loss, the amount claimed and the basis for the amount claimed.

170 Minister’s decision on claim for compensation (1) If the Minister is satisfied that an applicant is entitled to compensation under section 169, the Minister must accept the claim by giving written notice of acceptance to the claimant setting out— (a) an offer to the claimant of the amount of compensation to which the Minister considers the claimant is entitled; and (b) an explanation of how the amount was worked out. (2) If the Minister does not decide the application within 28 days after the day the Minister receives the application, the Minister is taken to have refused to pay compensation.

171 Acceptance or rejection of offer of compensation (1) A person to whom an offer has been made under section 170 may, in writing— (a) accept the offer; or (b) reject the offer. (2) If the person accepts the offer, the Territory must pay the amount to the person.

172 Recovery of compensation in court If the Territory and the person to whom compensation is payable under section 169 (Compensation—emergencies) do not agree on the amount of compensation, the person may, by proceeding in a court of competent jurisdiction, recover from the Territory the reasonable compensation that the court decides.

Other emergencies Division 7.3.2 Division 7.3.2 Other emergencies

173 Application—div 7.3.2 This division applies to an emergency other than an emergency for which an emergency controller is appointed.

174 Commissioner must assist recovery for other emergencies (1) The commissioner must assist in recovery from the effects of an emergency by supporting the activities of any entity working in the area of recovery and welfare in the role of assisting the community to recover. (2) Without limiting subsection (1), the commissioner must give support by— (a) identifying people in the community to act as contacts in relation to the activities; and (b) together with relevant entities— (i) establishing priorities for the short-term recovery of infrastructure; and (ii) assisting in the re-establishment of infrastructure.

174A Meaning of territory agency—div 7.3.3 In this division: territory agency means—

(c) a statutory office-holder; or (d) an entity prescribed by regulation for this definition.

174B Appointment of recovery coordinator (1) This section applies if the Minister is satisfied that— (a) an emergency has happened, is happening or is likely to happen; and (b) the scale or nature of the emergency requires, or is likely to require, a recovery operation involving different territory agencies. (2) The Minister may appoint a person to coordinate the recovery operation for the emergency (the recovery coordinator). (4) The Minister may be satisfied that an emergency is likely to happen if the Minister is satisfied that an event that has happened or is happening, or a circumstance that exists, gives rise to the likelihood of an emergency.

174C Functions of recovery coordinator (1) The recovery coordinator has the following functions in relation to a recovery operation: (a) to coordinate recovery activities being carried out by territory agencies, private entities and members of the community; (b) to coordinate the provision of essential services to communities affected, or likely to be affected, by an emergency;

Recovery coordinator Division 7.3.3 (c) to report to the Minister and the SEMSOG about any matter relating to a recovery operation; (d) any other function given to the recovery coordinator by this Act or another territory law. (2) As far as practicable, the recovery coordinator’s functions must be exercised in accordance with any part of the emergency plan, or an emergency sub-plan, that deals with recovery operations.

Part 7.4 Commonwealth, interstate and overseas cooperation Part 7.4 Commonwealth, interstate and overseas cooperation 175 Definitions for pt 7.4 specialist means a person who has a skill appropriate for dealing with an aspect of an emergency (whether or not the skill is in a recognised field of expertise). support unit means a unit (however described) of 1 or more people and associated equipment forming part of an entity that has a function relating to emergencies. members of the ambulance service and an ambulance

176 Cooperative arrangements with Commonwealth, State or overseas agencies (1) The Minister or the commissioner may enter into a written arrangement with a Commonwealth or State agency, or an agency of a foreign country, (a cooperative arrangement) to facilitate cooperation— (a) in emergency management; or (b) in the day-to-day operations of a territory agency if the operations involve the provision of emergency services outside the ACT or the provision of emergency services in the ACT by a Commonwealth or State agency. territory agency means—

Commonwealth, interstate and overseas cooperation Part 7.4 (c) a statutory office-holder; or (d) an entity prescribed by regulation for this definition.

177 Cooperative arrangements about resources (1) A cooperative arrangement may provide for the commissioner or an emergency controller to decide the nature and amount of resources needed from outside the ACT to deal with an emergency within the ACT and to ask the other party to the arrangement to provide the resources to the Territory. (2) An arrangement may provide for the commissioner or an emergency controller to decide and coordinate the deployment of Territory resources for an emergency outside the ACT. (3) This section is additional to, and does not limit, section 176.

178 Directions to people operating under cooperative arrangement A member of a support unit, or a specialist, operating in the ACT under a cooperative arrangement must comply with a direction given by the commissioner or an emergency controller.

179 Directions by authorised person to people operating under cooperative arrangement (1) The commissioner or an emergency controller may, in writing, authorise a person (an authorised person) to give directions to a member of a support unit or a specialist. (2) The authorisation ends 7 days after the day it is given unless renewed by the person who gave the authorisation. (3) A member of a support unit, or a specialist, operating in the ACT under a cooperative arrangement must comply with a direction given by an authorised person.

Part 7.4 Commonwealth, interstate and overseas cooperation

180 Recognition of interstate qualifications (a) a specialist ordinarily resident in a State, another Territory or a foreign country undertakes activities in the ACT under a cooperative arrangement; and (b) the activities are activities that under a territory law may only be undertaken by a person who holds a qualification (the required qualification); and (c) the person holds a qualification recognised by the law of that State, Territory or foreign country as a requirement for undertaking the activities in that State, Territory or country. (2) The person is taken to hold the required qualification for the purpose of undertaking the activities in the ACT under the arrangement. qualification includes— (a) a degree, diploma, certificate or other award; and (b) registration with or membership of an entity.

Emergency relief funds Part 7.5

181 Emergency relief funds (1) This section applies to money received by the Territory for the relief of people who suffer loss because of an emergency (whether or not from a public appeal). (2) A charitable trust is established for the money. (3) The trustee of the trust is the public trustee and guardian. (4) An amount of money received, or apparently received, for the relief of people who suffer loss because of a particular emergency may be applied— (a) for the relief of people who suffer loss because of another emergency; or (b) for another purpose prescribed by regulation. emergency includes an emergency outside the ACT.

182 Gifts and donations (1) This section applies to a gift of money or other property made, or purporting to be made— (a) to, or for the purposes of, an emergency service; or (b) for the purposes of providing or maintaining— (i) services of an emergency service; or (ii) equipment or training for an emergency service; or (c) to the Territory in relation to anything mentioned in paragraph (a) or (b).

(2) If the gift is expressed to be subject to a condition, the director-general may agree to comply with the condition, as far as practicable, in the administration of the gift. (3) However, if the director-general is satisfied that the condition is inappropriate, impracticable or impossible to carry out, the director-general may amend the terms of the condition to the extent necessary to make it appropriate and practicable to carry out. (4) An amendment is a notifiable instrument. gift includes a devise or bequest.

Volunteers Chapter 8

182A Definitions—ch 8 In this chapter: emergency operation means an operation carried out by an emergency service in response to an emergency. emergency operation notice—see section 182B.

182B Emergency operation notice (a) the Minister is satisfied that an emergency has happened, is happening or is likely to happen in the ACT; and (b) neither a state of alert nor a state of emergency have been declared for the emergency; and (c) the Minister is satisfied that the emergency requires an emergency operation. (2) The Minister must, as soon as practicable, prepare a written notice (an emergency operation notice) setting out the following: (a) that an emergency operation has started; (b) when and where the emergency operation started; (c) the nature of the emergency; (d) if the Minister knows when the emergency operation will end— the day on which the operation ends; (e) any other information prescribed by regulation.

(3) As soon as practicable after issuing the notice, the Minister must ensure the notice is— (4) The notice ends— (a) at the end of the day on which the emergency operation is stated to end in the notice; or (b) if no end day is stated in the notice—the end of the day on which the notice is revoked. (5) A failure to comply with subsection (3) does not affect the validity of the notice. (6) For subsection (1), the Minister may be satisfied that an emergency is likely to happen if the Minister is satisfied that an event that has

183 Victimisation of volunteers (1) This section applies if a volunteer is absent from the volunteer’s employment to take part in an emergency operation during— (a) an emergency for which an emergency operation notice has been issued; or (b) a declared state of alert; or (c) a declared state of emergency.

Volunteers Chapter 8 (2) A person commits an offence if— (a) the person is an employer of the volunteer; and (b) the person victimises the employee for being absent from employment to take part. (3) For subsection (2), an employer is taken to victimise an employee if the employer— (a) dismisses the employee from employment or terminates the engagement of the employee; or (b) changes the employee’s position in their employment, or changes the circumstances of the employee’s engagement, to the employee’s prejudice; or (c) otherwise injures the employee in their employment. volunteer means— (a) a volunteer member; or (b) a casual volunteer; or (c) an emergency services support volunteer.

184 Release of volunteer member from operations (1) This section applies if the commissioner is satisfied that— (a) a volunteer member is ordinarily employed by someone else (the employer); and

(b) the taking part of the volunteer member in the emergency operations of an emergency service would cause significant hardship to the business of the employer. (2) The commissioner must release the volunteer member from taking part in the operations.

Notification and review of decisions Chapter 9

Chapter 9 Notification and review of decisions

185 Meaning of reviewable decision—ch 9 In this chapter: reviewable decision means a decision mentioned in schedule 2, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

186 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 2, column 4 in relation to the decision. Note The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

187 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 2, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

188 Lighting a fire dangerous to premises A person commits an offence if— (a) the person intentionally lights a fire that may be dangerous to premises; and (b) the person does not have the written consent of the chief officer (fire and rescue service) to do so.

189 Direction to leave fire area (a) the person is at or near premises that are on fire; and (b) a member of the fire and rescue service, a member of the rural fire service or a police officer directs the person to leave the premises or move away from the area of the fire; and (c) the person fails to leave the premises, or move away from the area, in accordance with the direction.

Other offences relating to fires Part 10.1

190 Interfering with fire appliance, hydrant, alarm etc (1) A person commits an offence if the person does something to, or near, a fire appliance or a fire appliance container that— (a) prevents or hinders the effective use of the appliance or container; or (b) damages the appliance or container. (2) A person commits an offence if the person— (a) covers, encloses or conceals a fire hydrant; or (b) obliterates or removes a mark, sign or letter indicating the position of, or distinguishing, a fire hydrant. (3) A person commits an offence if the person does anything to a fire alarm that prevents or hinders the effective use of the fire alarm. (4) This section does not apply if the person has the permission of a member of the fire and rescue service, a member of the rural fire service or a police officer to do the thing. (5) Subsection (3) also does not apply if the person does the thing— (a) to give an alarm of fire; or (b) to test or do maintenance work on the fire alarm. (6) An offence against subsection (1), (2) or (3) is a strict liability offence. fire appliance container means a container used for housing or storing fire appliances.

191 False alarm of fire, emergency or other incident A person commits an offence if the person— (a) intentionally gives a false alarm of fire, or an emergency or other incident; and (b) is reckless about whether it would— (i) cause a person to fear that there is a fire, emergency or other incident; or (ii) cause an emergency service to respond to the alarm.

192 Obligations of owners and occupiers (1) For this Act, if an obligation is expressed to apply to the owner of land or premises for which there are 2 or more owners— (a) it is sufficient for any owner of the land or premises to carry out the obligation; and (b) if no owner of the land or premises carries out the obligation— each owner is liable for the failure to carry out the obligation. (2) For this Act, if an obligation is expressed to apply to the occupier of land or premises for which there are 2 or more occupiers— (a) it is sufficient for any occupier of the land or premises to carry out the obligation; and (b) if no occupier of the land or premises carries out the obligation—each occupier is liable for the failure to carry out the obligation.

193 Policies of insurance against fire (1) If a person causes damage to property, either directly or indirectly, in exercising a function under this Act at or after a fire, the damage must, for the purposes of any policy of insurance against fire covering the property damaged, be taken to be damage by fire. (2) This section has effect despite any provision to the contrary in the policy.

194 Ambulance levy An ambulance levy is imposed in accordance with schedule 1.

195 Ambulance fund (1) The chief officer (ambulance service) may establish an ambulance fund, or approve a person to operate an ambulance fund, for the purpose of enabling contributors to the fund to receive services provided by the ambulance service at no cost or at a reduced rate. (2) An instrument under subsection (1) is a notifiable instrument.

195A Establishment of ambulance service quality assurance committee (1) The ambulance quality assurance committee is established. (2) Schedule 1A has effect in relation to the committee.

196 Authorised person’s power to require name and address (1) An authorised person may require a person to state the person’s name and home address if the authorised person suspects, on reasonable grounds, that the person is committing, is about to commit, or has just committed, an offence against this Act. Note A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104). (2) If an authorised person makes a requirement of a person under subsection (1), the authorised person must— (a) tell the person the reasons for the requirement; and (b) as soon as practicable, record those reasons. (3) A person commits an offence if the person contravenes a requirement under subsection (1). Maximum penalty: 10 penalty units.

(4) However, a person is not required to comply with a requirement under subsection (1) if, when asked by the person, the authorised person does not produce, for inspection by the person— (a) the authorised person’s identity card; or (b) if the authorised person is an emergency controller or a person authorised by the controller—evidence of the authorised person’s appointment or authorisation. (5) Subsection (4) does not apply in relation to an authorised person who is a member of an emergency service, or a police officer, in uniform. (6) An offence against this section is a strict liability offence. authorised person means the commissioner, an emergency controller, a member of an emergency service, an inspector, an investigator, a police officer or someone else authorised in writing by an emergency controller for this section.

197 Identity cards (1) The commissioner must give an identity card to— (a) each member of an emergency service; and (b) each inspector or investigator who is not a member of an emergency service. (2) The identity card must state the person’s name and appointment as a member, inspector, investigator or staff member, and show— (a) a recent photograph of the person; and (b) the date of issue of the card; and (c) the date of expiry of the card; and (d) anything else prescribed by regulation.

(3) A person commits an offence if— (a) the person ceases to be a member, inspector, investigator or staff member; and (b) the person does not return the person’s identity card to the commissioner as soon as practicable (but within 7 days) after the day the person ceases to be a member, inspector or investigator. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence.

198 Protection of officials from liability (1) In this section: official means— (a) the commissioner; or (b) an assistant commissioner; or (c) an inspector or investigator; or (d) a member of an emergency service; or (e) anyone else exercising a function under this Act. (2) An official is not personally liable for anything done or omitted to be done honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act. (3) Any liability that would, apart from this section, attach to an official attaches instead to the Territory.

(4) For subsection (1) (e), and without limiting it, a person is taken to be exercising a function under this Act if the person is— (a) a member of an interstate or overseas emergency service to which section 64 (Interstate and overseas emergency services) applies; or (b) engaged in an activity under a cooperative arrangement; or (c) an emergency services support volunteer; or (d) a casual volunteer taking part in an activity under section 59D (Casual volunteers); or (e) giving reasonable assistance as required by a chief officer under section 34 (1) (o) (General powers of chief officers); or (f) a person who— (i) is, or has been, a member of the ambulance service quality assurance committee; or (ii) acted under the direction of a person who is, or was at the time, a member of the ambulance service quality assurance Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

199 Compensation for exercise of functions etc (1) A person may claim compensation from the Territory if the person suffers loss because of the exercise, or purported exercise, of a function under this Act (other than under section 150C (Emergency powers of emergency controller)). Note For compensation for loss because of an act or omission under s 150C, see s 169.

(2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

200 Approved forms (1) The commissioner may approve forms for this Act. (2) If the commissioner approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument.

201 Determination of fees (1) The Minister may determine fees for this Act. (2) A fee determined for a service provided to a person by an emergency service is payable by the person even if the person did not ask for, or consent to, the provision of the service. (3) A determination is a disallowable instrument.

202 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to— (a) measures for minimising danger of fire; and 1 storing or keeping flammable material 2 use of steam and internal combustion engines (b) attendance by members of an emergency service at public events. (3) A regulation may also prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 20 penalty units for offences against a regulation.