This Act comes into operation on a day or days to be proclaimed.
No. 10010.
3 Repeal
The State Disasters Act 1983 is repealed.
4 Definitions
(1) In this Act—
S. 4(1) def. of active standby duty inserted by No. 50/1989 s. 50(a).
active standby duty means being available at a particular place so that assistance can be quickly provided in the event of an emergency or a request for assistance;
agency means a government agency or a non‑government agency;
S. 4(1) def. of casual emergency worker inserted by No. 75/1986 s. 4, repealed by No. 97/1994 s. 4(1).
S. 4(1) def. of chief officer inserted by No. 73/2010 s. 35, repealed by No. 73/2013 s. 78(1).
S. 4(1) def. of Commis-sioner inserted by No. 48/2000 s. 4, amended by No. 108/2004 s. 117(1) (Sch. 3 item 65.1), repealed by No. 73/2013 s. 78(1).
S. 4(1) def. of Co-ordinator in Chief amended by No. 97/1994 s. 7(1)(a), repealed by No. 56/2011 s. 5(a).
S. 4(1) def. of Council amended by No. 97/1994 s. 7(1)(b), repealed by No. 73/2013 s. 78(1).
S. 4(1) def. of Deputy Co-ordinator
in Chief amended by No. 97/1994 s. 7(1)(a), repealed by No. 56/2011 s. 5(a).
S. 4(1) def. of DISPLAN amended by No. 97/1994 s. 7(1)(c), repealed by No. 56/2011 s. 9(1)(a).
S. 4(1) def. of emergency amended by Nos 97/1994
s. 4(2)(a)(b), 50/1999 s. 34(1)(a), 56/2011 s. 10.
emergency means an emergency due to the actual or imminent occurrence of an event which in any way endangers or threatens to endanger the safety or health of any person in Victoria or which destroys or damages, or threatens to destroy or damage, any property in Victoria or endangers or threatens to endanger the environment or an element of the environment in Victoria including, without limiting the generality of the foregoing—
(a) an earthquake, flood, wind-storm or other natural event; and
(b) a fire; and
(c) an explosion; and
(d) a road accident or any other accident; and
(e) a plague or an epidemic or contamination; and
(f) a warlike act or act of terrorism, whether directed at Victoria or a part of Victoria or at any other State or Territory of the Commonwealth; and
(g) a hi-jack, siege or riot; and
(h) a disruption to an essential service;
S. 4(1) def. of emergency activity inserted by No. 97/1994 s. 4(3), amended by Nos 56/2011 s. 9(1)(b), 36/2018 s. 37(a).
emergency activity means—
(a) performing a role or discharging a responsibility of an agency in accordance with the state emergency management plan; or
(b) training or practising for an activity referred to in paragraph (a) or being on active standby duty; or
(c) travelling to or from the place where an activity referred to in paragraph (a) or (b) has occurred or is to occur;
S. 4(1) def. of emergency area inserted by No. 97/1994
s. 4(3).
emergency area means an emergency area declared under section 36A;
S. 4(1) def. of emergency management inserted by No. 97/1994 s. 4(3), substituted by No. 36/2018 s. 20(1).
emergency management means the arrangements for, or in relation to—
(a) the mitigation of emergencies; and
(b) the response to emergencies; and
(c) the recovery from emergencies;
S. 4(1) def. of Emergency Management Commis-sioner inserted by No. 73/2013 s. 78(2).
Emergency Management Commissioner has the same meaning as it has in section 3 of the Emergency Management Act 2013;
S. 4(1) def. of emergency services agency inserted by No. 48/2000 s. 4, amended by Nos 51/2005 s. 58(2), 20/2019 s. 164.
emergency services agency means any of the following—
(a) the Country Fire Authority established under the Country Fire Authority Act 1958;
(b) Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958;
(c) the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005;
(d) any other prescribed agency;
S. 4(1) def. of Emergency Services Telecom-munications Authority inserted by No. 98/2004 s. 36, repealed by No. 32/2023 s. 92.
S. 4(1) def. of essential service inserted by No. 50/1999 s. 34(1)(b).
essential service means any of the following services—
(a) transport;
(b) fuel (including gas);
(c) light;
(d) power;
(e) water;
(f) sewerage;
(g) a service (whether or not of a type similar to the foregoing) declared to be an essential service by the Governor in Council under subsection (2);
S. 4(1) def. of fire services agency inserted by No. 73/2010 s. 35, repealed by No. 73/2013 s. 78(1).
S. 4(1) def. of Fire Services Commis-sioner inserted by No. 73/2010 s. 35, repealed by No. 73/2013 s. 78(1).
government agency means—
(a) any body corporate or unincorporate constituted by or under any Act for a public purpose; and
(b) any member or officer of such a body; and
(c) any person in the service of the Crown in the right of the State of Victoria upon whom any function, power, duty or responsibility is conferred by or under any Act;
S. 4(1) def. of major fire inserted by No. 73/2010 s. 35, repealed by No. 73/2013 s. 78(1).
non-government agency means a voluntary organization or any other person or body other than a government agency;
S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 52.1).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 4(1) def. of region repealed by No. 97/1994 s. 8(a).
S. 4(1) def. of state emergency management plan inserted by No. 36/2018 s. 37(c).
state emergency management plan has the same meaning as in section 3 of the Emergency Management Act 2013;
S. 4(1) def. of state emergency recovery plan inserted by No. 56/2011 s. 9(1)(c), repealed by No. 73/2013 s. 78(1).
S. 4(1) def. of State Coordinator substituted as State Emergency Response Coordinator by No. 56/2011 s. 5(b), repealed by No. 73/2013 s. 78(1).
S. 4(1) def. of state emergency response plan inserted by No. 56/2011 s. 9(1)(c), repealed by No. 73/2013 s. 78(1).
S. 4(1) def. of volunteer emergency worker inserted by No. 97/1994 s. 4(3), amended by Nos 56/2011 s. 9(1)(b), 36/2018 s. 37(b).
volunteer emergency worker means a volunteer worker who engages in emergency activity at the request (whether directly or indirectly) or with the express or implied consent of the chief executive (however designated), or of a person acting with the authority of the chief executive, of an agency to which the state emergency management plan applies;
S. 4(1) def. of zone repealed by No. 97/1994 s. 8(a).
S. 4(2) inserted by No. 50/1999 s. 34(2).
(2) The Governor in Council, by order published in the Government Gazette, may declare a service to be an essential service for the purposes of this Act.
S. 4(2) repealed by No. 97/1994 s. 4(4),
new s. 4(2) inserted by No. 86/1998 s. 19,
re-numbered s. 4(3) by No. 74/2000 s. 3(Sch. 1 item 40), substituted by No. 59/2003 s. 117, repealed by No. 74/2006 s. 24.
S. 4(3) repealed by No. 75/1986 s. 5.
S. 4A inserted by No. 97/1994 s. 5, amended by No. 36/2018 s. 20(2), repealed by No. 6/2018 s. 82(1).
Part 2—Administration
S. 5
amended by No. 97/1994 s. 7(1)(d)(e), substituted by No. 56/2011 s. 6.
5 Role of Minister
S. 5(1) amended by No. 36/2018 s. 20(2).
(1) The role of the Minister is to ensure that satisfactory emergency management arrangements are in place to facilitate the mitigation of, response to and recovery from emergencies.
(2) The Minister is not responsible for operational matters in relation to emergency management.
S. 6
amended by No. 97/1994 s. 6, substituted by No. 56/2011 s. 6, repealed by No. 73/2013 s. 78(3).
7 Delegation by Minister
S. 7 substituted by No. 56/2011 s. 6, amended by No. 73/2013 s. 78(4).
The Minister may by instrument delegate to the Emergency Management Commissioner or any other person any power or function of the Minister under this Act or the regulations other than this power of delegation.
S. 8
amended by Nos 75/1986 s. 6, 97/1994 s. 7(1)(f), 48/2000 s. 5, 56/2011 s. 7(1), repealed by No. 73/2013 s. 78(3).
S. 9
amended by No. 56/2011 s. 7(1)(2), repealed by No. 73/2013 s. 78(3).
S. 9A inserted by No. 3/1999 s. 5, substituted by No. 56/2011 s. 11, repealed by No. 73/2013 s. 78(3).
Pt 3 (Heading and ss 10–17) amended by Nos 75/1986 ss 7, 8, 97/1994 ss 7(1)(f)(g), 8(b)–(f), 9, 10, 46/1998 s. 7(Sch. 1), 73/2009 s. 9, 73/2010 s. 36, 56/2011 ss 7(1)(3),
8, 9(2)–(9),
12–14, 37/2014 s. 10(Sch. item 52.2), repealed by No. 73/2013 s. 78(3).
Pt 3A (Heading and ss 17A–17F) inserted by No. 97/1994 s. 11, amended by No. 56/2011 s. 7(1)(4), repealed by No. 73/2013 s. 78(3).
Pt 4
(Heading and ss 18–21) amended by No. 12/1989 s. 4(1)(Sch. 2 items
34.1–34.7 (as amended by No. 13/1990 s. 38(1)(m)), 34.8, 34.9), substituted
as Pt 4 (Heading and ss 18–21A) by No. 97/1994 s. 12, amended by Nos 73/2009 s. 10, 56/2011 ss 7(1), 9(10), 15, 41/2014 s. 12, 36/2018 s. 20(2), repealed by No. 36/2018 s. 82(2).
Pt 4A (Heading and ss 21B–21I)
inserted by No. 48/2000 s. 6, amended by Nos 98/2004 ss 37–40, 108/2004 s. 117(1)(Sch. 3 item 65.2), 73/2010
ss 37–40, repealed by No. 73/2013 s. 78(3).
Part 5—State of disaster
S. 22 amended by No. 104/1997 s. 44 (ILA s. 39B(1)).
22 Definitions
(1) In this Part—
disaster area means that part or those parts of Victoria in which a state of disaster is declared under section 23(1) to exist;
subordinate instrument has the same meaning as it has in the Interpretation of Legislation Act 1984.
S. 22(2) inserted by No. 104/1997 s. 44, amended by No. 6/2010 s. 203(1)(Sch. 6 item 18) (as amended by No. 45/2010 s. 22).
(2) For the purposes of this Part, a rail corporation within the meaning of the Rail Management Act 1996 is deemed to be a government agency.
S. 22(3) inserted by No. 104/1997 s. 44.
(3) Subsection (2) does not prevent a rail corporation deemed by that subsection to be a government agency from receiving compensation under section 24 for the taking and use of its property.
23 Power of Premier to declare state of disaster
S. 23(1) amended by Nos 56/2011 ss 7(1), 8(3), 73/2013 s. 78(4).
(1) If there is an emergency which the Premier of Victoria after considering the advice of the Minister and the Emergency Management Commissioner is satisfied constitutes or is likely to constitute a significant and widespread danger to life or property in Victoria, the Premier may declare a state of disaster to exist in the whole or in any part or parts of Victoria.
S. 23(1A) inserted by No. 75/1986 s. 9.
(1A) The Premier must not make a declaration under this section for the purpose of taking action against any person or body of persons in the circumstances to which section 4(1) of the Essential Services Act 1958 applies.
(2) The Premier may at any time revoke or vary a declaration under this section.
(3) Immediately upon the making, revocation or variation of a declaration under this section, a state of disaster exists, ceases to exist or exists as so varied (as the case requires) for the purposes of this Part.
(4) As soon as practicable after the making, revocation or variation of a declaration under this section the Premier must cause notice of the making, revocation or variation of the declaration to be broadcast from a broadcasting station in Victoria and to be published (with, in the case of the making or variation of a declaration, a copy of the declaration) in the Government Gazette.
(5) Production of a Government Gazette purporting to contain—
(a) notice of the making, revocation or variation of a declaration under this section is evidence of that making, revocation or variation (as the case requires); and
(b) a copy of the declaration under this section is evidence of the terms of the declaration.
(6) A declaration under this section remains in force for not more than one month, but another declaration may be made before, at or after the end of that period.
(7) If a state of disaster has been declared under this section the Premier must report on the state of disaster and the powers exercised under section 24 to both Houses of Parliament as soon as practicable after the declaration if Parliament is then sitting and if Parliament is not then sitting as soon as practicable after the next meeting of Parliament.
S. 24 (Heading) inserted by No. 56/2011 s. 7(5).
24 Powers and duties of Minister
S. 24(1) amended by No. 56/2011 s. 7(1).
(1) In a state of disaster, the Minister is responsible for directing and co-ordinating the activities of all government agencies, and the allocation of all available resources of the Government, which the Minister considers necessary or desirable for responding to the disaster.
S. 24(2) amended by No. 56/2011 s. 7(1).
(2) In addition to and without in any way limiting the generality of subsection (1), in a state of disaster the Minister may—
(a) direct any government agency to do or refrain from doing any act, or to exercise or perform or refrain from exercising or performing any function, power, duty or responsibility; and
S. 24(2)(b) amended by No. 56/2011 s. 7(1).
(b) if it appears to the Minister that compliance by a government agency with an Act or subordinate instrument, which prescribes the functions powers duties and responsibilities of that agency, would inhibit response to or recovery from the disaster, declare that the operation of the whole or any part of that Act or subordinate instrument is suspended; and
S. 24(2)(c) amended by No. 56/2011 s. 7(1).
(c) take possession and make use of any person's property as the Minister considers necessary or desirable for responding to the disaster; and
(d) control and restrict entry into, movement within and departure from the disaster area or any part of it; and
(e) compel the evacuation of any or all persons from the disaster area or any part of it.
(3) If a direction is given to a government agency under subsection (2)(a)—
(a) the government agency must comply with the direction; and
(b) the direction prevails over anything to the contrary in any Act or law.
S. 24(4) amended by No. 56/2011 s. 7(1).
(4) A declaration made under subsection (2)(b) has effect according to its tenor until a further declaration is made by the Minister reviving the operation of the Act or subordinate instrument.
S. 24(5) amended by No. 56/2011 s. 7(1).
(5) If the property of a person is taken or used under subsection (2)(c) that person may receive such compensation as is determined by the Minister.
S. 24(6) amended by Nos 52/1998 s. 311(Sch. 1 item 24.1), 56/2011 s. 7(1).
(6) A person referred to in subsection (5) may apply to the Victorian Civil and Administrative Tribunal for review of any determination made by the Minister under that subsection.
S. 24(7) amended by No. 56/2011 s. 7(1).
(7) The power of the Minister under subsection (2)(e) may not be exercised so as to compel the evacuation of a person from any land or building if the person has a pecuniary interest in the land or building or in any goods or valuables on the land or in the building.
S. 24A inserted by No. 5/2012 s. 104.
24A Offence of making false compensation claim
(1) A person must not, in or in connection with any claim for compensation under section 24(5), make a statement to the Minister or any other person that the person knows is false or misleading in a material particular.
Penalty: 60 penalty units.
(2) A person must not, in or in connection with any claim for compensation under section 24(5), knowingly mislead, or attempt to mislead, the Minister or any other person.
Penalty: 60 penalty units.
Part 6—Compensation of registered emergency workers
25 Definitions
In this Part—
S. 25 def. of Authority inserted by No. 50/1994 s. 126(1)(a), amended by No. 67/2013 s. 649(Sch. 9 item 14(1)).
Authority means the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013;
S. 25 def. of Commission
repealed by No. 50/1994 s. 126(1)(a).
S. 25 def. of provisional payments inserted by No. 5/2021 s. 43.
provisional payments means payments provided for under—
(a) Division 10 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013; and
(b) Division 2BA of Part IV of the Accident Compensation Act 1985.
S. 25 def. of registered emergency worker repealed by No. 97/1994 s. 13.
S. 25 def. of Tribunal repealed by No. 50/1994 s. 126(1)(b).
S. 25A inserted by No. 75/1986 s. 10, amended by Nos 57/1987 s. 33(2), 51/2005 s. 58(3), 67/2013 s. 649(Sch. 9 item 14(2)).
25A Application
This Part does not apply to a person entitled to compensation under the Accident Compensation Act 1985, the Workplace Injury Rehabilitation and Compensation Act 2013, Part 4 of the Victoria State Emergency Service Act 2005, Part V of the Country Fire Authority Act 1958 or regulations under that Act.
S. 26 amended by No. 75/1986 s. 11, repealed by No. 97/1994 s. 14.
S. 27 amended by Nos 75/1986 s. 12(1), 50/1989 s. 50(b), substituted by No. 97/1994 s. 14, amended by No. 5/2021 s. 44 (ILA s. 39B(1)).
27 When is compensation payable?
(1) Compensation is payable under this Part if a volunteer emergency worker suffers personal injury (including death) or loss of or damage to property belonging to the worker or in the worker's possession or control while engaged in emergency activity.
S. 27(2) inserted by No. 5/2021 s. 44.
(2) If a volunteer emergency worker who is entitled to make a claim for compensation under this Part does so in respect of a personal injury that is a mental injury, the worker is entitled to be paid provisional payments in relation to that mental injury.
S. 27(3) inserted by No. 5/2021 s. 44.
(3) Subsection (2) does not apply—
(a) if the claim for compensation was made before the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021; or
(b) if a claim for compensation relating to the same mental injury and circumstances has previously been determined.
28 Compensation for personal injuries
S. 28(1) amended by Nos 67/2013 s. 649(Sch. 9 item 14(3)(a)), 5/2021 s. 45.
(1) Compensation for personal injury (including death) 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 the case requires to, or for the benefit of, those persons to whom, or for whose benefit, compensation or provisional payments would be payable under that Act if—
S. 28(1)(a) amended by Nos 75/1986 s. 12(1), 97/1994 s. 15(1).
(a) the volunteer emergency worker had been, at the time the personal injury was suffered, a worker employed by the Crown; and
(b) the personal injury had arisen out of or in the course of that employment—
within the meaning of that Act.
S. 28(2) amended by Nos 75/1986 s. 12(1), 97/1994 s. 15(1), 67/2013 s. 649(Sch. 9 item 14(3)(b)).
(2) For the purpose of assessing the amount of any compensation payable under this section, the average weekly earnings of a volunteer emergency worker are to be computed by reference to the worker's employment during the relevant period before the personal injury was suffered or (if the worker was not then working under a contract of service) upon such basis as is best calculated to give the appropriate compensation for loss of earning capacity, but so that any relevant maximum limits imposed by the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 are not exceeded.
S. 28(3) inserted by No. 97/1994 s. 15(2).
(3) For the purposes of enabling the return to work of a volunteer emergency worker who suffers a personal injury while engaged in emergency activity, the Authority may—
S. 28(3)(a) amended by Nos 9/2010 s. 137(a), 67/2013 s. 649(Sch. 9 item 14(3)(c)).
(a) plan the worker's return to work under the Workplace Injury Rehabilitation and Compensation Act 2013;
S. 28(3)(b) amended by No. 9/2010 s. 137(b).
(b) approve a provider of occupational rehabilitation services for the purposes of planning the worker's return to work under paragraph (a);
(c) provide alternative assistance or programs to the worker or in respect of the employment of the worker.
S. 28(4) inserted by No. 97/1994 s. 15(2).
(4) Any costs and expenses incurred as a result of subsection (3) are to be paid by the Authority under section 32(2) as if the costs and expenses were a payment of compensation and section 32(3) shall apply accordingly.
29 Compensation for loss of or damage to property
Compensation for loss of or damage to property is to be such as the Minister considers reasonable in the circumstances and is to be paid to the owner of the property or to any person interested in it.
S. 30 substituted by No. 50/1994 s. 126(2), amended by Nos 52/1998 s. 311(Sch. 1 item 24.2), 67/2013 s. 649(Sch. 9 item 14(4)).
30 Jurisdiction
Where any question or matter arises under this Part (other than section 29), including any question as to the amount of any compensation payable or the existence and extent of dependency, the County Court, the Magistrates' Court and the Victorian Civil and Administrative Tribunal shall have under this Act the same jurisdiction to hear and determine the question or matter as though it were a question or matter that arose under the Workers Compensation Act 1958 or the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 (as the case requires), and where the County Court, the Magistrates' Court or the Victorian Civil and Administrative Tribunal exercises that jurisdiction such of the provisions of those Acts as are applicable shall with the necessary adaptations and modifications apply.
S. 31 substituted by No. 50/1994 s. 126(2), amended by Nos 52/1998 s. 311(Sch. 1 item 24.2), 67/2013 s. 649(Sch. 9 item 14(5)), 5/2021 s. 46.
31 Authority to represent Crown
In all proceedings before the County Court, the Magistrates' Court or the Victorian Civil and Administrative Tribunal and generally in regard to claims for compensation and the payment of compensation or provisional payments under section 28, the Authority shall represent the Crown and shall have the same powers, rights and authorities as an employer has under the Workers Compensation Act 1958, the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 (as the case requires) in regard to the corresponding matter relating to a worker under that Act.
S. 32 substituted by No. 50/1994 s. 126(2).
32 Payments
(1) The Authority is entitled to the reimbursement of its reasonable costs and expenses incurred in representing the Crown under section 31.
S. 32(2) amended by Nos 67/2013 s. 649(Sch. 9 item 14(6)), 5/2021 s. 47.
(2) The Authority must make any payment of compensation or provisional payments under section 28 out of the WorkCover Authority Fund under the Workplace Injury Rehabilitation and Compensation Act 2013.
(3) There is to be paid into the WorkCover Authority Fund out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly—
(a) the amounts to be reimbursed under subsection (1); and
(b) the amount of any payments under subsection (2).
S. 33 repealed by No. 50/1994 s. 126(2),
new s. 33 inserted by No. 5/2012 s. 105.
33 Offence of making false compensation claim
(1) A person must not, in or in connection with any claim for compensation under this Part, make a statement to the Minister or any other person that the person knows is false or misleading in a material particular.
Penalty: 60 penalty units.
(2) A person must not, in or in connection with any claim for compensation under this Part, knowingly mislead, or attempt to mislead, the Minister or any other person.
Penalty: 60 penalty units.
34 Entitlement where damages otherwise payable
(1) A person is not entitled to recover, in respect of personal injury or loss of or damage to property, both compensation under this Part and damages and if a person so recovers both compensation and damages the amount of the compensation may be recovered from the person by the Minister in a Court of competent jurisdiction as a debt due by that person to the Crown.
S. 34(2) amended by Nos 75/1986 s. 12(1), 97/1994 s. 16.
(2) If compensation has been paid under this Part and the personal injury, loss or damage in respect of which it was paid was caused under circumstances creating a liability in some person other than the volunteer emergency worker to pay damages in respect thereof, the Minister may take proceedings against that person in a Court of competent jurisdiction to recover—
(a) the amount of compensation; or
(b) the amount of the damages—
whichever is less.
S. 35 amended by No. 50/1994 s. 126(3).
35 Funding of compensation scheme
Any compensation payable under section 24 or section 29 and any expenses incurred in the administration of section 24 or section 29 are to be paid out of the Consolidated Fund, which is hereby to the necessary extent appropriated accordingly.
Part 7—Miscellaneous
S. 36 substituted by No. 75/1986 s. 13.
36 Offence of obstructing, etc. emergency worker
S. 36(1) amended by No. 5/2012 s. 106.
(1) A person, other than a person engaging in an emergency activity, must not, without reasonable excuse, obstruct, hinder or in any way interfere with a person engaging in an emergency activity.
Penalty: 60 penalty units.
S. 36(2) repealed by No. 97/1994 s. 17.
S. 36A inserted by No. 97/1994 s. 18.
36A Declaration of emergency area
S. 36A(1) amended by Nos 5/2012 s. 107(1), 37/2014 s. 10(Sch. item 52.3).
(1) If the most senior police officer in attendance at an emergency, being a police officer of or above the rank of senior sergeant, is of the opinion that because of the size, nature or location of an emergency it is necessary to exclude persons from the area of the emergency so as to ensure—
(a) public safety; or
(b) security of evacuated premises; or
(c) the safety of, or prevention of obstruction, hindrance or interference to, persons engaging in emergency activity—
that police officer may declare the area to be an emergency area.
(2) The declaration of an emergency area must be in writing and may be varied or revoked in writing.
S. 36A(3) amended by Nos 56/2011 s. 8(3), 5/2012 s. 107(2), 73/2013 s. 78(4).
(3) A copy of the declaration or a sign in a form authorised by the Emergency Management Commissioner and containing the words "Declared Emergency Area" must be posted at the emergency area or as near as possible to that area while the declaration is in force.
(4) The declaration of an emergency area must be revoked immediately upon the circumstances in subsection (1) ceasing to apply.
S. 36A(5) amended by No. 5/2012 s. 107(3).
(5) If the declaration of an emergency area has not been revoked within the period of 48 hours after it is declared, the declaration is revoked at the end of the period unless subsection (6) applies.
S. 36A(6) amended by Nos 56/2011 s. 8(3), 5/2012 s. 107(3), 73/2013 s. 78(4).
(6) The Emergency Management Commissioner may if he or she is satisfied that the circumstances in subsection (1) still apply, extend the declaration of an emergency area for a further period not exceeding 48 hours.
S. 36A(7) amended by Nos 56/2011 s. 8(3), 73/2013 s. 78(4).
(7) The Emergency Management Commissioner must publish a notice of the declaration and revocation of an emergency area in the Government Gazette.
S. 36B inserted by No. 97/1994 s. 18.
36B Powers in respect of emergency area
S. 36B(1) amended by Nos 5/2012 s. 108(1), 37/2014 s. 10(Sch. item 52.4(a)(i)).
(1) If a declaration of an emergency area is made under section 36A, a police officer may exercise the following powers—
(a) close or cause to be closed any road, footpath or open space otherwise providing access to the emergency area;
(b) prohibit any person or vehicle from entering or passing through the emergency area;
(c) direct any person on any road or footpath or in any open space or in any vehicle on any road, footpath or open space, within the emergency area to immediately leave the emergency area by the safest and shortest route;
S. 36B(1)(d) amended by No. 37/2014 s. 10(Sch. item 52.4(a)(ii)).
(d) authorise a person to enter or remain in the emergency area subject to such conditions as the police officer considers appropriate.
(2) Subsection (1) also empowers a prohibition or direction to be given to a person who claims a pecuniary interest in property in the emergency area or goods or valuables in that property and is not in that property.
(3) Subsection (1)(d) also empowers an authorisation subject to conditions to be given to a person who claims a pecuniary interest in property in the emergency area or goods or valuables in that property and is on that property.
S. 36B(4) amended by Nos 56/2011 s. 8(3), 73/2013 s. 78(4).
(4) A direction, prohibition or authorisation under subsection (1) may be broadcast, televised or communicated from a broadcasting station, television station or other communication centre in an announcement authorised by the Emergency Management Commissioner.
S. 36B(5) amended by Nos 5/2012 s. 108(2), 37/2014 s. 10(Sch. item 52.4(b)).
(5) If a police officer has reason to suspect that an offence against this Act is being or is about to be committed, the police officer may order a person to leave the emergency area and may use such force as is reasonable necessary to remove the person from the emergency area or to prevent the person from entering the emergency area.
S. 36C (Heading) inserted by No. 5/2012 s. 109(1).
S. 36C inserted by No. 97/1994 s. 18.
36C Offences relating to declaration of emergency area
S. 36C(1) substituted by No. 5/2012 s. 109(2).
(1) A person must not, without reasonable excuse, fail to obey a prohibition or direction given under section 36B(1).
Penalty: 10 penalty units.
S. 36C(1A) inserted by No. 5/2012 s. 109(2).
(1A) A person who is authorised under section 36B(1)(d) to enter or remain in an emergency area must not, without reasonable excuse, fail to comply with the conditions of the authorisation.
Penalty: 10 penalty units.
S. 36C(2) amended by No. 5/2012 s. 109(3).
(2) A person who under section 36B(5) is ordered to leave or removed from the emergency area or prevented from entering the emergency area must not enter or attempt to enter the emergency area.
Penalty: 120 penalty units.
S. 37 amended by No. 75/1986 s. 12(2)(a)(b), substituted by No. 97/1994 s. 19.
37 Immunity
A volunteer emergency worker is not personally liable in respect of any loss or injury sustained by any other person as a result of the engagement of the volunteer emergency worker in emergency activity unless the loss or injury is caused by the negligence or wilful default of that worker.
S. 38 amended by Nos 52/1998 s. 311(Sch. 1 item 24.3), 56/2011 s. 7(1), repealed by No. 5/2012 s. 110.
S. 39 amended by No. 75/1986 s. 14.
39 Regulations
The Governor in Council may make regulations, subject to the regulations being disallowed by Parliament, for or with respect to—
(a) the registration of persons under section 26; and
S. 39(b) amended by Nos 56/2011 ss 9(4), 16, 73/2013 s. 78(5), repealed by No. 36/2018 s. 20(3).
S. 39(c) repealed by No. 36/2018 s. 82(3).
S. 39(d) amended by No. 56/2011 s. 7(1).
(d) prescribing fees for training courses conducted by the Minister; and
(e) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech:
Legislative Assembly: 27 March 1986
Legislative Council: 8 May 1986
The long title for the Bill for this Act "A Bill to provide for the management and organization of the prevention of, response to and recovery from emergencies, to repeal the State Disasters Act 1983 and for other purposes.".
The Emergency Management Act 1986 was assented to on 20 May 1986 and came into operation as follows:
Sections 1–7, 10–17, 22–24, 36, 39 on 27 June 1986: Government Gazette 18 June 1986 page 2066; rest of Act on 3 December 1986: Government Gazette 3 December 1986 page 4540.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Emergency Management Act 1986 by Acts and subordinate instruments.