59Destruction, &c., attributable to emergency

59 Destruction, &c., attributable to emergency

(1)  In this section –

prescribed action means the act or omission of an emergency management worker while –

(a) participating in emergency management, a rescue and retrieval operation or a prescribed activity; or

(b) performing or exercising, or purportedly performing or exercising, any function or power under this Act;

training means training and other preparation.

(2)  The death or injury of a person, or the loss of, destruction of or damage to property, that is the result of a prescribed action by an emergency management worker is taken, where possible and for the purposes of any contract, to have been caused –

(a) if the emergency management worker's participation in the emergency management, rescue and retrieval operation or prescribed activity, or his or her performance or exercise or purported performance or exercise of any function or power under this Act, occurred because of the occurrence of an emergency, incident or event, by that emergency, incident or event; or

(b) if the emergency management worker's participation in the emergency management, rescue and retrieval operation or prescribed activity, or his or her performance or exercise or purported performance or exercise of the function or power, occurred as training or other preparation for an emergency, rescue and retrieval operation or prescribed activity, by an actual emergency, incident or event of the kind that the training or other preparation related to or that is prescribed.