Emergency Management Act 1986

The Act’s substantive architecture rests on a few interlocking legal concepts and definitions set out in Pt 1 (notably s 4) and elaborated in the Parts that follow.

Emergency and emergency activity

• “Emergency” is defined expansively to include natural events (earthquake, flood, wind‑storm), fire, explosion, accidents, epidemics, terrorism, riots, and “a disruption to an essential service” (s 4(1) defn. of emergency). The definition lists examples but begins with a broad formulation: events that endanger or threaten to endanger safety or health, destroy or threaten property, or endanger or threaten the environment.
• “Emergency activity” is defined to capture performance of a role or responsibility of an agency under the state emergency management plan, training or standby for such activities, and travel to or from those activities (s 4(1) defn. of emergency activity). The definition therefore covers both operational engagement and pre/post operational movements related to official emergency responsibilities.

Institutional roles and delegation

• The Minister has an overarching role to ensure satisfactory arrangements for mitigation, response and recovery, while explicitly not handling operational matters (s 5(1)-(2)). This creates a governance split between policy/coordination and front‑line operations.
• The Minister may delegate powers by instrument to the Emergency Management Commissioner or other persons, with the single exception that the power to delegate itself cannot be delegated (s 7).

State of disaster and ministerial emergency powers

• A state of disaster is declared by the Premier when satisfied, after considering the Minister’s and Emergency Management Commissioner’s advice, that a significant and widespread danger to life or property exists or is likely (s 23(1)). Declarations are time‑limited (maximum one month) but repeatable and must be notified publicly (s 23(4)-(6)).
• Within a state of disaster the Minister is empowered to direct and co‑ordinate government agencies, allocate government resources, order agencies to act or refrain from acting (s 24(1)-(2)(a)), suspend the operation of Acts or subordinate instruments where compliance inhibits the response (s 24(2)(b)), take possession of property (s 24(2)(c)), control access and movement (s 24(2)(d)), and compel evacuation (s 24(2)(e)). Directions to government agencies are binding and override contrary Acts or laws (s 24(3)(a)-(b)).

Emergency area regime and police powers

• Separately, a senior police officer (rank of senior sergeant or above) attending an emergency may declare an “emergency area” where exclusion is necessary for public safety, security of evacuated premises, or to protect persons engaging in emergency activity (s 36A(1)). The declaration is written, temporary (48 hours default), and must be signposted with authorised wording by the Emergency Management Commissioner (s 36A(2)-(7)). The Emergency Management Commissioner may extend the declaration once for an additional period not exceeding 48 hours (s 36A(6)).
• Police powers in an emergency area include closing roads, prohibiting entry, directing people to leave, authorising selected persons to enter or remain subject to conditions, and ordering removal using reasonable force if a police officer suspects an offence is being committed (s 36B(1)-(5)). Failure to comply attracts specified penalties (s 36C).

Compensation alignment and funding

• The Act aligns compensation for volunteer emergency workers with workers’ compensation law: where a volunteer suffers personal injury while engaged in emergency activity, compensation and provisional payments are “to be paid in accordance with and subject to” the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as if the volunteer had been a Crown worker at the time of injury and the injury had arisen out of that employment (s 28(1)(a)-(b)). Provisional payments for mental injuries are explicitly provided (s 27(2)).
• Property loss/damage compensation is left to the Minister’s discretion, “such as the Minister considers reasonable” (s 29).
• Payment mechanics require the Authority (the Victorian WorkCover Authority) to make payments from the WorkCover Authority Fund; reimbursement and Consolidated Fund appropriations are specified to meet those payments and the Authority’s reasonable costs (s 32(1)-(3); s 35).

Protections, offences and enforcement

• Volunteer emergency workers have statutory immunity from personal liability for loss or injury resulting from engagement in emergency activity, except where loss or injury arises from the volunteer’s negligence or wilful default (s 37).
• The Act creates criminal offences with monetary penalties: obstructing or interfering with a person engaging in emergency activity (s 36(1), penalty 60 penalty units); false or misleading compensation claims under both the Minister’s compensation power in a state of disaster (s 24A, penalty 60 units) and the Part 6 compensation regime (s 33, penalty 60 units); failing to obey prohibitions or directions in a declared emergency area (s 36C(1), penalty 10 penalty units), failing to comply with conditions of an authorisation (s 36C(1A), penalty 10 units), and entering an emergency area after removal or being ordered to leave (s 36C(2), penalty 120 units). Police also have a power to use reasonable force to remove persons (s 36B(5)).

Regulation and subsidiary instruments

• The Governor in Council may make regulations on registration (s 39(a)), fees for training courses conducted by the Minister (s 39(d)), and generally any matter necessary to give effect to the Act (s 39(e)). The Act also uses other Acts for definitions and to integrate administrative arrangements, for example cross‑references to the Emergency Management Act 2013 for certain definitions (s 4(1) defns).

These concepts are the building blocks that determine how authority is allocated, how compensatory obligations are assessed, which criminal sanctions can be applied, and how operational exclusions and property seizures may be effected under declared emergencies or emergency areas. All quoted text and cross‑references are drawn from the cited provisions (ss 1, 4, 5, 7, 23-24, 24A, 27-29, 30-32, 33-37, 36A-36C, 39).

This Act affects multiple categories of actors, with rights, obligations and exposure to enforcement that differ by role. The statutory text identifies who is in scope and creates different rules depending on status and activity.

Government decision‑makers and administrators

• The Premier: has the exclusive statutory power to declare, vary and revoke a state of disaster after considering advice from the Minister and the Emergency Management Commissioner (s 23(1)). The Premier must publish notices and report to Parliament on the declaration and powers exercised (s 23(4), (7)).
• The Minister: is responsible for ensuring satisfactory emergency management arrangements are in place (s 5(1)) and, during a state of disaster, is responsible for directing and coordinating government agencies, allocating government resources, suspending operations of Acts/subordinate instruments where compliance would inhibit response, taking possession of property and compelling evacuations (s 24(1)-(2)). The Minister determines compensation for property taken/used under s 24(2)(c) and decisions are reviewable by the Victorian Civil and Administrative Tribunal (s 24(5)-(6)).
• Emergency Management Commissioner: may receive delegated powers from the Minister (s 7), may authorise signage for declared emergency areas and publish notices in the Gazette (s 36A(3), (7)), and may authorise communications under s 36B(4). The Commissioner may also extend emergency area declarations (s 36A(6)).

Operational agencies and personnel

• Government agencies: the Minister may direct any government agency to act or refrain from acting during a state of disaster (s 24(2)(a)), and such directions are binding and prevail over anything contrary in any Act or law (s 24(3)(a)-(b)). The Act deems certain bodies to be government agencies for Part 5 (e.g., a rail corporation is deemed a government agency for Pt 5 purposes, s 22(2)).
• Emergency services agencies: are within the Act’s definition of “emergency services agency” (s 4(1) defn.) and will be subject to directions in a state of disaster.
• Police: senior police attending an emergency can declare an emergency area (s 36A(1)); police have powers to close roads, prohibit entry, direct people to leave, authorise entry subject to conditions, and use reasonable force to remove persons suspected of committing an offence (s 36B(1)-(5)).

Volunteer emergency workers

• Volunteer emergency workers are defined as volunteers who engage in emergency activity at the request or with the consent of the chief executive of an agency to which the state emergency management plan applies (s 4(1) defn. of volunteer emergency worker). The Act establishes a compensation entitlement for volunteers who suffer personal injury or property loss/damage while engaged in emergency activity (s 27(1); Part 6). For personal injuries the volunteer is treated, for compensation purposes, as if a Crown worker under the workers’ compensation Acts (s 28(1)). Volunteers also receive statutory immunity from personal liability except for loss/injury caused by their negligence or wilful default (s 37).

Members of the public and property owners

• Persons in disaster or emergency areas: When an emergency area is declared, members of the public may be prohibited from entering or required to leave, with criminal penalties for non‑compliance (ss 36A-36C). Owners or persons with pecuniary interests also are affected by evacuation and entry controls: s 24(7) prevents compulsory evacuation of those with a pecuniary interest from land or buildings, and s 36B(2)-(3) specifically contemplates directions and authorisations that can be given to persons claiming pecuniary interests.
• Persons whose property is taken or used under s 24(2)(c): may be entitled to compensation determined by the Minister and have a right to apply to VCAT for review of any determination (s 24(5)-(6)).

Employers and insurers

• The Authority (Victorian WorkCover Authority) is assigned responsibilities to represent the Crown in compensation proceedings (s 31) and to make payments from the WorkCover Authority Fund (s 32(2)). The Consolidated Fund is appropriated to reimburse the Authority and to fund payments (s 32(3); s 35). Employers and private insurers will be affected indirectly because volunteer compensation under Part 6 is excluded where a person is entitled under certain Acts (s 25A): the Part does not apply to persons entitled to compensation under the Accident Compensation Act 1985, the Workplace Injury Rehabilitation and Compensation Act 2013, and other specified Acts (s 25A).

Persons making compensation claims and those who might obstruct emergency activity

• Individuals making compensation claims must avoid making false or misleading statements; the Act creates offences with 60 penalty unit fines for false or misleading claims in connection with compensation under s 24(5) (s 24A) and for claims under Part 6 (s 33).
• Anyone who, without reasonable excuse, obstructs, hinders or interferes with a person engaging in emergency activity commits an offence with a 60 penalty unit fine (s 36(1)).

Regulated entities and persons subject to training/registration schemes

• The Governor in Council may prescribe matters including registration of persons under s 26 (referenced in s 39(a)) and fees for training courses (s 39(d)). Entities that are subject to regulation under the Act must comply with those regulations once made.

The Act’s provisions therefore allocate decision rights and liabilities across executive actors (Premier, Minister, Emergency Management Commissioner), operational actors (police, agencies, volunteers), and the public (property owners, visitors to emergency areas). The funding provisions identify who ultimately pays for compensation (WorkCover Authority Fund and Consolidated Fund, ss 32-35), and the criminal penalties identify who may be sanctioned for non‑compliance (ss 24A, 33, 36, 36C). All references are to the cited sections of the Act.

This section extracts the principal statutory duties and rights created by the Act and indicates statutory remedies, review routes and constraints.

Ministerial duties and rights

• Duty to ensure satisfactory emergency management arrangements: the Minister must ensure arrangements for mitigation, response and recovery are in place (s 5(1)). The Minister is not responsible for operational matters (s 5(2)), which creates a division between policy coordination and front‑line operational command.
• Powers in a state of disaster: during a state of disaster the Minister is responsible for directing and coordinating activities of all government agencies and allocating available government resources considered necessary (s 24(1)). This includes specific powers to direct agencies to do or refrain from acts (s 24(2)(a)), suspend parts of Acts/subordinate instruments where compliance would inhibit response (s 24(2)(b)), take possession and make use of property (s 24(2)(c)), control and restrict entry and movement (s 24(2)(d)), and compel evacuation (s 24(2)(e)). The Minister may determine compensation for property taken/used under s 24(2)(c) (s 24(5)).
• Review right: a person aggrieved by the Minister’s determination under s 24(5) may apply to the Victorian Civil and Administrative Tribunal for review (s 24(6)).

Premier’s duty and right

• Declaration power: the Premier may, after considering advice from the Minister and Emergency Management Commissioner, declare a state of disaster where there is a significant and widespread danger to life or property (s 23(1)). The Premier must broadcast and publish the declaration and must report on the declaration and the exercise of powers under s 24 to both Houses of Parliament as soon as practicable (s 23(4), (7)). The declaration is time‑limited to not more than one month but may be renewed by further declarations (s 23(6)).

Agency and operational duties

• Compliance: a government agency that receives a direction under s 24(2)(a) must comply and that direction prevails over contrary Acts or laws (s 24(3)(a)-(b)). Thus agencies have a statutory duty to follow Ministerial directions in a declared state of disaster.
• Delegation: the Minister may delegate any power or function of the Minister under the Act (other than the power of delegation) to the Emergency Management Commissioner or any other person by instrument (s 7). Recipients of delegated powers then have the duties and obligations associated with those powers.

Volunteer emergency workers: rights and limitations

• Compensation entitlement: volunteer emergency workers engaged in emergency activity who suffer personal injury (including death) or loss/damage to property are entitled to compensation under this Part (s 27(1); Pt 6). For personal injuries compensation and provisional payments are to be paid in accordance with the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 “as if” the volunteer had been a Crown employee and the injury had arisen out of that employment (s 28(1)(a)-(b)). The Act also allows provisional payments for mental injuries (s 27(2)), subject to specified exclusions (s 27(3)).
• Property compensation: compensation for loss or damage to property is to be such amount as the Minister considers reasonable and is payable to the owner or any interested person (s 29).
• Liability protection: volunteers are not personally liable for loss or injury resulting from engagement in emergency activity unless caused by negligence or wilful default (s 37).

Police and public duties

• Senior police’s power of declaration: a senior police officer (senior sergeant or above) attending an emergency may declare an emergency area when exclusion is necessary for public safety, security of evacuated premises or the safety/prevention of obstruction to persons engaging in emergency activity (s 36A(1)). The declaration must be in writing, signed, posted (s 36A(2)-(3)) and revoked when the circumstances cease or automatically after 48 hours unless extended by the Emergency Management Commissioner for a further 48 hours (s 36A(4)-(6)).
• Police enforcement duties: police officers are authorised to close roads, prohibit entry, direct persons to leave, authorise specified persons to enter or remain subject to conditions, and use reasonable force to remove persons suspected of committing an offence (s 36B(1)-(5)). Failure to comply with directions and prohibitions is an offence (s 36C).

Compensation mechanics and rights of review

• Tribunal and court jurisdiction: questions arising under Pt 6 other than disputes under s 29 (property compensation) fall under the jurisdiction of County Court, Magistrates’ Court and VCAT, which exercise equivalent jurisdiction as if the question arose under the Workers Compensation Act 1958, Accident Compensation Act 1985, or the Workplace Injury Rehabilitation and Compensation Act 2013 (s 30). The Authority represents the Crown and has the same powers, rights and authorities as an employer under those Acts in related proceedings (s 31).
• Funding entitlement: the Authority must make payments of compensation and provisional payments out of the WorkCover Authority Fund (s 32(2)). Amounts for reimbursement of the Authority’s reasonable costs and for payments into the WorkCover Authority Fund are to be paid out of the Consolidated Fund (s 32(3); s 35).

Criminal duties and penalties

• The Act creates duties to avoid obstructing emergency workers (s 36(1), penalty 60 penalty units), to refrain from false or misleading statements in compensation claims (s 24A and s 33, penalty 60 penalty units), and to obey emergency area prohibitions or directions (s 36C(1), penalty 10 penalty units; s 36C(2), penalty 120 penalty units). These duties are enforceable by criminal sanction as specified.

Regulatory duties

• The Governor in Council may make regulations on registration of persons under s 26, fees for Ministerial training courses, and other matters necessary to give effect to the Act (s 39). Persons subject to those regulations will acquire duties when regulations are made.

These duties and rights are directly set out in the statutory text; rights of review and funding arrangements are explicitly provided (ss 24(5)-(6); ss 30-32; s 35). Where the Act creates discretion (for example, the Minister’s discretion to determine property compensation under s 29), the Act provides a review route in some instances (s 24(6)), while other discretionary decisions are expressed to be final unless otherwise specified.

The Act creates specified criminal offences, administrative powers for control and removal, and civil recovery routes tied to compensation. The enforcement architecture combines police powers in emergency areas, monetary penalties for breaches, and civil remedies relating to compensation and recovery of overpaid benefits.

Criminal penalties (monetary)

• False or misleading compensation claims: It is an offence to make a statement known to be false or misleading in a material particular in or in connection with any claim for compensation under the Minister’s power in a state of disaster (s 24A(1)-(2)). The penalty is 60 penalty units (s 24A). The Act contains a parallel offence for claims under Part 6 where a person must not make a false or misleading statement in or in connection with any claim for compensation under this Part (s 33(1)-(2)). Penalty for s 33 offences is 60 penalty units.
• Obstruction of emergency workers: A person, other than someone engaging in emergency activity, who without reasonable excuse obstructs, hinders or interferes with a person engaging in emergency activity commits an offence punishable by 60 penalty units (s 36(1)).
• Emergency area offences: Failure to obey a prohibition or direction under s 36B(1) without reasonable excuse is an offence punishable by 10 penalty units (s 36C(1)). A person authorised to enter or remain under s 36B(1)(d) who fails to comply with conditions of the authorisation commits an offence punishable by 10 penalty units (s 36C(1A)). A person who has been ordered to leave, removed from, or prevented from entering an emergency area under s 36B(5) must not enter or attempt to enter the emergency area; contravention is a more serious offence with a penalty of 120 penalty units (s 36C(2)).

Police powers and enforcement mechanisms

• Senior police declaration and enforcement: A senior police officer on the scene can declare an emergency area and must document it in writing (s 36A(1)-(3)). Police powers inside an emergency area include closing access, prohibiting entry, directing persons to leave by the safest and shortest route, authorising entry subject to conditions, and ordering removal using reasonable force where there is reason to suspect an offence (s 36B(1)-(5)). The Act specifies that broadcast or other communication avenues may be used to communicate prohibitions, directions or authorisations, authorised by the Emergency Management Commissioner (s 36B(4)). These powers provide direct operational enforcement tools to police in emergency settings.

Civil remedies, recovery and review

• Recovery of compensation where damages are otherwise payable: If a person receives both compensation under this Part and damages for the same personal injury or property loss, the amount of the compensation may be recovered from the person by the Minister as a debt due to the Crown (s 34(1)). Further, where compensation paid under this Part related to injury or damage caused by someone else’s liability to pay damages, the Minister may take proceedings to recover either the amount of compensation or the amount of damages, whichever is less (s 34(2)).
• Authority representation and reimbursement: The Authority represents the Crown in proceedings under s 31 and is entitled to reimbursement of reasonable costs and expenses incurred in that representation (s 32(1)). Payments of compensation and provisional payments under s 28 are to be made from the WorkCover Authority Fund (s 32(2)), with reimbursing appropriations from the Consolidated Fund (s 32(3); s 35).

Limits on enforcement

• Prevail and suspension: During a state of disaster, Ministerial directions to government agencies prevail over anything to the contrary in any Act or law (s 24(3)(b)). The Minister may suspend operation of Acts or subordinate instruments to the extent compliance would inhibit response to recovery (s 24(2)(b)). These provisions create statutory primacy for the Minister’s emergency directives in declared disasters, which is an enforcement mechanism by legal primacy rather than police coercion.
• Evacuation exception: The Minister cannot exercise the power to compel evacuation under s 24(2)(e) so as to compel evacuation of a person who has a pecuniary interest in the land or building or in goods or valuables on the land or in the building (s 24(7)). That is a statutory limit on the use of compulsory evacuation powers.

Procedural and publication requirements affecting enforcement

• Every declaration of a state of disaster and any revocation or variation must be broadcast and published in the Government Gazette and is evidenced by production of the Gazette containing the notice and copy of the declaration (s 23(4)-(5)). Similarly, declarations and revocations of emergency areas must be published in the Government Gazette (s 36A(7)). Publication supports transparency and underpins enforcement actions by providing notice.
• Review avenues: a person may apply to VCAT for review of a Minister’s compensation determination under s 24(5) (s 24(6)). Questions under Part 6 (other than s 29) are to be heard by County Court, Magistrates’ Court or VCAT with jurisdiction equivalent to the workers’ compensation Acts (s 30).

The Act therefore establishes a mixed enforcement framework combining criminal penalties with police powers to exclude and remove persons, executive primacy in declared disasters via directions and temporary suspension of Acts, civil recovery routes for double recovery, and administrative review mechanisms for compensation determinations. All enforcement powers, penalties and remedies are those explicitly set out in the cited sections (ss 23-24, 24A, 28-33, 34, 36-37, 36A-36C, 39).

The Act is embedded in a statutory landscape and explicitly interacts with several other Acts and legal instruments. Those interactions shape definitions, jurisdictional arrangements, compensation frameworks, and the reach of emergency powers.

Dependency on and cross‑references to other Acts

• Emergency Management Act 2013: Several definitions are cross‑referenced to the Emergency Management Act 2013. For example, “Emergency Management Commissioner” and “state emergency management plan” have the same meaning as in s 3 of the Emergency Management Act 2013 (s 4(1) defns). The Act therefore relies on contemporary definitions and structures contained in the 2013 Act.
• Workplace Injury Rehabilitation and Compensation Act 2013 and Accident Compensation Act 1985: The compensation scheme for personal injuries suffered by volunteer emergency workers is explicitly to be paid “in accordance with and subject to” the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as if the volunteer had been a Crown worker and the personal injury had arisen out of employment (s 28(1)). Provisional payments are referenced and defined in s 25 and s 27. Payments are to be made from the WorkCover Authority Fund (s 32(2)). The Authority represents the Crown in proceedings and has employer-like powers and rights under the relevant workers’ compensation Acts (s 31).
• Rail Management Act 1996: For the purposes of Part 5 (state of disaster), a rail corporation within the meaning of the Rail Management Act 1996 is deemed to be a government agency (s 22(2)); subsection (3) clarifies that this deeming does not prevent a rail corporation from receiving compensation under s 24 for taking and use of its property.
• Essential Services Act 1958: The Premier is prohibited from making a state of disaster declaration for the purpose of taking action against any person or body of persons in the circumstances to which s 4(1) of the Essential Services Act 1958 applies (s 23(1A)). That is a statutory limitation on the use of the state of disaster declaration power in certain industrial/essential service contexts.
• Victoria Police Act 2013: The definition of “police officer” is aligned to the Victoria Police Act 2013 (s 4(1) defn.), ensuring consistent identification of police ranks and personnel who may exercise powers under ss 36A-36C.
• Interpretation of Legislation Act 1984 (ILA): The Act uses the definition of “subordinate instrument” from ILA for Part 5 (s 22) and the endnotes explain interpretative matters and style changes as authorised by the ILA. The endnotes also indicate how amendments are tracked and how headings, examples, punctuation and provision numbers are to be treated as part of the Act, pursuant to the ILA.

Precedence and suspension of other laws

• During a state of disaster directions given to government agencies prevail over anything to the contrary in any Act or law (s 24(3)(b)). The Minister may declare that the operation of the whole or any part of an Act or subordinate instrument is suspended if compliance would inhibit response to or recovery from the disaster (s 24(2)(b)). A declaration under s 24(2)(b) has effect according to its terms until a further declaration revives operation of the Act or subordinate instrument (s 24(4)). These are explicit mechanisms by which the Act may temporarily displace other statutory obligations for the purpose of emergency response.

Compensation and double recovery

• Entitlement versus damages: s 34 prevents double recovery where a person cannot both recover compensation under Pt 6 and damages for the same personal injury or property loss. If a person recovers both, the amount of the compensation may be recovered from that person by the Minister as a debt. If compensation has been paid but another person is liable in damages, the Minister may seek recovery of the compensation or the damages, whichever is less (s 34(1)-(2)). This interacts with tort law and private rights of action by channeling recovery rights to the Crown after it has paid compensation.

Administrative and tribunal jurisdiction

• The courts and VCAT exercise jurisdiction under s 30 for matters arising under Pt 6 with the same powers as apply under the relevant workers’ compensation Acts. The Authority represents the Crown in such proceedings and steps into the shoes of an employer for those purposes (s 31). The Act therefore imports procedural and substantive rules from other compensation legislation and channels disputes through established judicial and tribunal routes.

Regulatory overlay

• The Governor in Council’s regulation‑making power under s 39 allows the Act to spawn subsidiary instruments that interact with existing administrative regimes. Regulations can cover registration under s 26 and fees for training, among other matters (s 39(a), (d), (e)). Those regulations, once made, will integrate the Act’s obligations with administrative compliance regimes.

Overall, the Act operates as both a stand‑alone emergency powers statute and an integrating instrument that imports and defers to other statutes for definitions, compensation mechanics, judicial procedures and administrative details. The Act expressly creates cross‑statutory precedence in declared states of disaster (s 24(3)(b); s 24(2)(b)), while personnel, tribunal jurisdiction, and compensation payments are handled through coordination with other Acts (s 28; s 30-32). All interactions referenced here are expressly stated in the cited provisions.

The source includes a detailed Table of Amendments in the endnotes that lists Acts and commencement dates which have amended provisions of the Emergency Management Act 1986. The Act has been amended repeatedly since assent in 1986. Key historical amendments and the parts they affected, as recorded in the statutory text and endnotes, are summarised below with source citations.

Original enactment and early amendments

• The Act received assent on 20 May 1986 and came into operation in two tranches: sections 1-7, 10-17, 22-24 and other provisions on 27 June 1986; the remainder commenced on 3 December 1986 (Endnotes, “The Emergency Management Act 1986 was assented to on 20 May 1986 and came into operation as follows”).

Major amendment milestones (selected from the Table of Amendments)

• Emergency Management (Amendment) Act 1986 (No. 75/1986): Amended the Act in the same year it was enacted (Endnotes, Table of Amendments entry).
• Accident Compensation (Amendment) Act 1994 (No. 50/1994): Amended the Act including changes to Pt 6 compensation machinery; specific references to s 25 definitions and the Authority occur in the text as amended by No. 50/1994 (see s 25 and s 32 substitutions; Table of Amendments).
• Emergency Management (Amendment) Act 1994 (No. 97/1994): Introduced several definitional and structural changes, including insertion of various definitions in s 4 and Part amendments.
• Rail Corporations (Amendment) Act 1997 (No. 104/1997): Inserted s 22(2) deeming a rail corporation to be a government agency for the purposes of Part 5, with commencement noted as 31 March 1998 (Table of Amendments).
• Tribunals and Licensing Authorities and related Acts (1998-2005): Various amendments to jurisdictional arrangements and references (e.g., No. 52/1998 affecting s 30, s 31 and s 32; No. 48/2000 and No. 98/2004 affecting definitions).
• Fire Services Commissioner Act 2010 and Emergency Services Legislation Amendment Acts: Amendments adjusted definitions and agencies referenced throughout s 4, and changes to Pt 5, Pt 6 and Pt 7 are recorded in the Table of Amendments (entries for No. 73/2010, No. 56/2011, No. 5/2012).
• Emergency Management Act 2013 (No. 73/2013): Several provisions were repealed and others re‑aligned with the 2013 Act; the Table shows commencement of s 78 on 1 July 2014 and numerous repeals and substitutions across the 1986 Act text.
• Emergency Management Legislation Amendment Act 2018 (No. 36/2018): Inserted and substituted definitions and parts; key commencement dates 25 September 2019 and 30 September 2020 are listed where relevant.
• WorkCover and compensation reforms: Workplace Injury Rehabilitation and Compensation Act 2013 (No. 67/2013) and the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021 (No. 5/2021) altered how provisional payments and compensation are treated (see s 25 definitions and ss 27-28 which reflect these amendments; Table entries indicate commencement dates, e.g., sections 43-47 of the 2021 Act commenced 1 July 2021).
• Triple Zero Victoria Act 2023 (No. 32/2023): Listed as amending the Emergency Management Act 1986 with a commencement date 15 December 2023 for s 92 (Table of Amendments).

Section‑specific insertions and repeals (examples from the text)

• Section 24 heading was inserted by No. 56/2011 s 7(5) and s 24 was substituted by No. 56/2011 s 7(1) as indicated in the text.
• Section 24A, creating an offence of making false compensation claims in relation to s 24(5), was inserted by No. 5/2012 s 104.
• Parts of the 1986 Act have been repealed over time and certain definitions have been replaced or made coterminous with definitions in the Emergency Management Act 2013 (s 4(1) contains multiple notes showing insertion, amendment and repeal dates for definitions, many referring to the amending Acts listed in the Table).

The endnotes provide a comprehensive ledger of amending Acts with dates of assent and commencement and indicate which amendments apply only to specific provisions of the 1986 Act. For a practitioner needing to trace legislative history at clause or subsection level, the Table of Amendments and the marginal notes within s 4 and the Parts identify the amending instrument and the section within that instrument; the endnotes also supply the precise commencement dates used in legal analysis (Endnotes, Table of Amendments). All amendment references in this summary are taken from the Act’s endnotes and the annotations provided in the body of the statute.

The statutory text and endnotes supplied do not record any judicial decisions, case law, or litigation history interpreting provisions of the Emergency Management Act 1986. The document contains no references to cases, reported decisions, or judicial interpretations.

Implications of the absence of litigation references in the source

• The Act as supplied is a consolidated text with annotations and a Table of Amendments, but it does not include or summarise any litigation that has arisen under the Act. Practitioners should therefore treat the statutory text as authoritative for the legal rules and consult databases of cases, tribunal decisions and administrative rulings for any judicial interpretation or application of the provisions (for example, on the scope of Ministerial directions under s 24, the limits of police powers under ss 36A-36B, or the operation of the compensation scheme under Pt 6).
• Because certain provisions create wide executive discretion (for example, the Minister’s power to determine reasonable compensation for property under s 29, or to suspend operation of Acts/subordinate instruments under s 24(2)(b)), the practical legal contours of those discretions may be shaped significantly by case law, judicial review, or administrative law principles. No such judicial contours are included in the source; absence of case references does not imply absence of case law, only that the supplied consolidated Act does not contain judicial citations.

Practical next steps for researching litigation

• Search Victorian court and tribunal databases and commercial legal research platforms for decisions invoking ss 23-24 (state of disaster and Ministerial powers), ss 36A-36C (emergency area declarations and police powers), ss 27-32 (volunteer compensation and Authority representation), and s 37 (volunteer immunity).
• Look for judicial review applications and administrative law challenges that could test the legality of suspending other Acts under s 24(2)(b), use of police removal powers under s 36B(5), or decisions on compensation amounts and recoveries under s 34.
• Review VCAT decisions for appeals under s 24(6) or matters brought under s 30 where the County Court, Magistrates’ Court or VCAT exercised jurisdiction like that under the workers’ compensation Acts.

The Act’s text therefore contains no litigation history; practitioners must consult case law repositories for authoritative interpretations and precedents applying the Act’s provisions in concrete disputes.

This section flags practical pitfalls, statutory traps, and issues that arise directly from the statutory text and its structure. Each point is grounded in the Act’s provisions.

1. Broad Ministerial discretion with limited statutory constraints on property compensation

• Under s 24(2)(c) the Minister may “take possession and make use of any person's property as the Minister considers necessary or desirable for responding to the disaster.” Compensation for taken or used property is payable as determined by the Minister (s 24(5)). While s 24(6) permits application to VCAT for review of the Minister’s determination, the initial determination rests with the Minister and the Act provides no formula for calculation. Practitioners should note that the discretion is wide and the statutory text does not prescribe valuation methodology.

2. Prevailing effect of Ministerial directions and suspension of other laws

• Directions to government agencies given under s 24(2)(a) are binding and “prevail over anything to the contrary in any Act or law” (s 24(3)(b)). The Minister may also declare parts of other Acts/subordinate instruments suspended where compliance would inhibit disaster response (s 24(2)(b)-(4)). That creates a statutory primacy in emergencies that can override standard statutory duties,practitioners should not assume normal regulatory obligations are operative in a declared state of disaster without checking whether a suspension or direction applies.

3. Evacuation power limitation for pecuniary interests

• The Minister’s power to compel evacuation under s 24(2)(e) is explicitly constrained by s 24(7), which disallows compelling the evacuation of persons who have a pecuniary interest in the land or building or goods/valuables contained therein. This exception can complicate mass evacuation planning where owners or persons with pecuniary interest are present or claim an interest.

4. Short time windows for emergency area declarations and extensions

• A police‑declared emergency area automatically revokes after 48 hours unless the Emergency Management Commissioner extends it for a further 48 hours (s 36A(5)-(6)). The requirement for written declaration, posting of a copy or authorised sign (s 36A(2)-(3)), and Government Gazette publication (s 36A(7)) creates multiple formalities that must be observed to maintain lawful enforcement. Failure to meet formal requirements could raise legal issues about the validity of police actions taken within purported emergency areas.

5. Multiple overlapping enforcement regimes and penalties

• Offences and penalties are scattered across the Act: false claims (60 penalty units, ss 24A and 33), obstruction (60 penalty units, s 36(1)), failing to obey emergency area directions (10 penalty units, s 36C(1)), and entering after removal (120 penalty units, s 36C(2)). Parties and advisers must map which specific provision applies to the conduct in question; the same conduct could in some circumstances engage more than one offence or administrative route.

6. Compensation entitlements depend on cross‑statutory rules

• Compensation for personal injury is to be paid “in accordance with and subject to” the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 (s 28(1)). The Act treats volunteers as if they were Crown employees for that purpose. However, Pt 6 does not apply to persons who are otherwise entitled to compensation under certain Acts (s 25A). Practitioners must therefore identify which compensation scheme applies to the injured person and how provisional payments (defined in s 25 and referenced in s 27) operate in practice.

7. Double recovery and recovery by the Minister

• s 34 prevents simultaneous recovery of compensation and damages and gives the Minister a route to recover compensation as a debt from persons who have recovered both. Where compensation has been paid and another party is liable in damages, the Minister can sue that third party for recovery (s 34(2)). Claimants and defendants should be alert to potential Crown subrogation or recovery actions.

8. Delegation limit and administrative practice

• The Minister may delegate powers under the Act but not the delegation power itself (s 7). Delegations must be by instrument. Organisations should maintain clear records of delegation instruments, and check whether particular powers have been validly delegated, as the Act restricts delegating the delegating authority.

9. Immune volunteers still liable for negligence or wilful default

• Volunteer emergency workers have statutory immunity except where loss or injury is caused by their negligence or wilful default (s 37). This carve‑out means that ordinary tort principles (duty, breach, causation) continue to have effect in negligence cases involving volunteers; immunity is not absolute.

10. Regulation power is broad and dormant obligations may be created

• s 39 enables the Governor in Council to make regulations about registration (s 26), fees for training courses, and any other matter necessary to give effect to the Act. Pending the making of regulations, registration and fee obligations may not exist, but they can be created quickly by regulation. Practitioners should monitor the regulations for operational requirements.

11. Procedural evidence and public notice formalities

• Declarations are evidenced by publication in the Government Gazette and broadcast, and the production of Gazette notices is treated as evidence of the declaration and its terms (s 23(4)-(5)). Failure to broadcast or publish may affect enforceability of certain actions, so advisers must check whether formal public notice requirements were satisfied.

In short, the gotchas are procedural and substantive: wide executive discretion in emergencies, cross‑statutory reliance for compensation, short formal time windows for emergency area declarations, and overlapping penalties. Each of these risks is traceable to the specific statutory provisions cited above (ss 23-24, 24A, 27-29, 30-32, 33-37, 36A-36C, 39).

This section provides concrete compliance steps and operational practices an agency, volunteer organisation, property owner, or legal adviser should follow to reduce legal risk under the Act. Each recommended action is tied to the Act’s provisions.

For Ministers, agencies and government bodies

• Maintain and document emergency management arrangements: The Minister has responsibility to ensure satisfactory arrangements for mitigation, response and recovery (s 5(1)). Agencies should keep written, up‑to‑date records showing how arrangements align with the state emergency management plan (s 4(1) defn. of emergency activity and state emergency management plan).
• Track delegation instruments: Because the Minister may delegate powers by instrument but not the power to delegate itself (s 7), agencies should ensure delegation instruments are current, stored centrally, and available for operational staff to consult in emergencies.
• Be ready to receive and comply with Ministerial directions: Government agencies must comply with directions issued under s 24(2)(a), which prevail over contrary Acts or laws (s 24(3)(a)-(b)). Agencies should have processes for rapid legal clearance and operational implementation when directions are issued.
• Prepare for suspension mechanics: If a suspension under s 24(2)(b) is contemplated, agencies must document the public interest rationale linking compliance obligations to inhibited response or recovery. Maintain a legal trail to support any suspension decision.

For police and operational commanders

• Follow formalities when declaring emergency areas: A written declaration is required, and a copy or authorised sign must be posted at or near the emergency area (s 36A(2)-(3)). The Emergency Management Commissioner must publish the declaration in the Government Gazette (s 36A(7)); police should ensure written copies are prepared, signed and posted immediately to ensure enforcement is on a firm legal footing.
• Observe time limits and extension procedure: Police and the Emergency Management Commissioner must observe the default 48‑hour limit and the Commissioner’s ability to extend once for a further 48 hours (s 36A(5)-(6)). Keep contemporaneous records showing why extension is necessary.
• Apply authorised communications for directions: Police may broadcast or issue authorised statements as permitted by s 36B(4). Make sure any authorised messaging is cleared through the Emergency Management Commissioner where required.

For volunteer organisations and volunteers

• Understand compensation eligibility and documentation needs: If volunteers engage in emergency activity, injuries and certain mental injuries may attract compensation under the workers’ compensation framework (s 27(1)-(3), s 28(1)). Keep precise logs of requests to attend, consent or authorisation from the relevant chief executive, training undertaken, times, locations and nature of activities to substantiate that the injury arose “in emergency activity” (s 4(1) defn. of emergency activity and s 27).
• Preserve evidence to support claims and avoid false statements: The Act criminalises false or misleading statements in compensation claims (s 33; s 24A for s 24(5) claims). Volunteers should maintain accurate incident reports, medical records, witness statements and chain of custody of property records to support legitimate claims.
• Note immunity limitations: Volunteers are immune from personal liability for loss or injury resulting from emergency activity unless such loss arises from negligence or wilful default (s 37). Volunteers should maintain professional standards and training to minimise negligence exposures; insurance cover should be reviewed to address gaps.

For property owners