NORTHERN TERRITORY OF AUSTRALIA
EMERGENCY MANAGEMENT ACT 2013
As in force at 16 July 2024
Table of provisions
Part 1 Preliminary matters
Division 1 Introductory matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
Division 2 Operation of Act
3 Act binds Crown .............................................................................. 1
4 Limitation on application of Act ........................................................ 1
5 Interaction with other Acts ............................................................... 2
6 Conflict of duties .............................................................................. 2
7 Application of Criminal Code ........................................................... 2
Division 3 Interpretation
8 Definitions ........................................................................................ 2
Part 2 Emergency plans
Division 1 Territory emergency plan
9 Preparation of Territory emergency plan ......................................... 5
10 Consideration and approval of Territory emergency plan ................ 5
11 Review of Territory emergency plan ................................................ 6
Division 2 Regional emergency plan
12 Preparation of regional emergency plan .......................................... 6
13 Approval of regional emergency plan .............................................. 6
14 Review of regional emergency plan................................................. 7
Division 3 Local emergency plan
15 Preparation of local emergency plan ............................................... 7
16 Consideration and approval of local emergency plan ...................... 7
17 Review of local emergency plan ...................................................... 7
Emergency Management Act 2013 ii
Part 3 Emergency management mechanisms
Division 1 Emergency situation
18 When an emergency situation exists ............................................... 8
Division 2 State of emergency
19 Declaration of state of emergency ................................................... 9
20 Duration of state of emergency........................................................ 9
Division 3 State of disaster
21 Declaration of state of disaster ........................................................ 9
22 Duration of state of disaster ........................................................... 10
Division 4 Special powers and duties
23 Special powers during emergency situation .................................. 10
24 Special powers during state of emergency or disaster .................. 11
25 Duties of Chief Executive Officers ................................................. 12
Part 4 Emergency management structure
Division 1 Preliminary matters
26 Overview of emergency management structure ............................ 12
27 Regions ......................................................................................... 13
Division 2 Territory Emergency Controller
28 Territory Emergency Controller...................................................... 13
29 Functions of Territory Controller .................................................... 13
30 Powers of Territory Controller ........................................................ 13
31 Territory Controller subject to directions ........................................ 13
Division 3 Territory Recovery Coordinator
32 Territory Recovery Coordinator ..................................................... 13
33 Functions of Territory Recovery Coordinator ................................. 14
34 Powers of Territory Recovery Coordinator..................................... 14
35 Territory Recovery Coordinator subject to directions ..................... 14
Division 4 Territory Emergency Management Council
36 Establishment of Council ............................................................... 14
37 Functions of Council ...................................................................... 14
38 Powers of Council.......................................................................... 15
39 Council subject to directions .......................................................... 15
40 Membership of Council .................................................................. 15
Emergency Management Act 2013 iii
41 How member may be appointed .................................................... 15
42 Co-chairpersons of Council ........................................................... 15
43 Procedures of Council ................................................................... 16
Division 5 Northern Territory Emergency Service
44 Continuation of Northern Territory Emergency Service ................. 16
45 Membership of NTES .................................................................... 16
46 Functions of NTES ........................................................................ 16
47 Powers of NTES ............................................................................ 16
48 Chief Officer................................................................................... 17
49 Functions of Commissioner ........................................................... 17
50 Powers of Commissioner ............................................................... 17
52 Volunteer members ....................................................................... 17
53 Volunteer units............................................................................... 17
Division 6 Regional Emergency Controller
54 Appointment of Regional Controller ............................................... 18
55 Functions of Regional Controller ................................................... 18
56 Powers of Regional Controller ....................................................... 19
57 Regional Controller subject to directions ....................................... 19
Division 7 Regional Emergency Committee
58 Establishment of Regional Emergency Committee........................ 19
59 Functions of Regional Emergency Committee............................... 19
60 Powers of Regional Emergency Committee .................................. 19
61 Membership of Regional Emergency Committee .......................... 19
62 How member may be appointed .................................................... 21
63 Chairperson of Regional Emergency Committee........................... 21
64 Procedures of Regional Emergency Committee ............................ 21
Division 8 Regional Recovery Coordinator
65 Appointment of Regional Recovery Coordinator............................ 21
66 Functions of Regional Recovery Coordinator ................................ 21
67 Powers of Regional Recovery Coordinator .................................... 22
68 Regional Recovery Coordinator subject to directions .................... 22
Division 9 Regional Recovery Coordination Committee
69 Establishment of Regional Recovery Coordination Committee ..... 22
70 Functions of Regional Recovery Coordination Committee ............ 22
71 Powers of Regional Recovery Coordination Committee ................ 22
72 Membership of Regional Recovery Coordination Committee ........ 23
73 How member may be appointed .................................................... 24
74 Chairperson of Regional Recovery Coordination Committee ........ 24
75 Procedures of Regional Recovery Coordination Committee ......... 24
Emergency Management Act 2013 iv
Division 10 Local Emergency Controller
76 Appointment of Local Controller .................................................... 24
77 Functions of Local Controller ......................................................... 24
78 Powers of Local Controller............................................................. 25
79 Local Controller subject to directions ............................................. 25
Division 11 Local Emergency Committee
80 Establishment of Local Emergency Committee ............................. 25
81 Functions of Local Emergency Committee .................................... 25
82 Powers of Local Emergency Committee ........................................ 25
83 Membership of Local Emergency Committee ................................ 26
84 How member may be appointed .................................................... 26
85 Chairperson of Local Emergency Committee ................................ 26
86 Procedures of Local Emergency Committee ................................. 26
Division 12 Local Recovery Coordinator
87 Appointment of Local Recovery Coordinator ................................. 26
88 Functions of Local Recovery Coordinator ...................................... 27
89 Powers of Local Recovery Coordinator ......................................... 27
90 Local Recovery Coordinator subject to directions.......................... 27
Division 13 Local Recovery Coordination Committee
91 Establishment of Local Recovery Coordination Committee ........... 27
92 Functions of Local Recovery Coordination Committee .................. 28
93 Powers of Local Recovery Coordination Committee ..................... 28
94 Membership of Local Recovery Coordination Committee .............. 28
95 How member may be appointed .................................................... 28
96 Chairperson of Local Recovery Coordination Committee .............. 29
97 Procedures of Local Recovery Coordination Committee ............... 29
Part 5 Enforcement
Division 1 Authorised officers
98 Authorised officers ......................................................................... 29
99 Issue of identity card ...................................................................... 30
100 Return of identity card ................................................................... 30
Division 2 Offences relating to authorised officers
101 Failure to comply with direction ..................................................... 30
102 Falsely representing to be authorised officer ................................. 31
103 Obstructing authorised officer ........................................................ 31
104 Misleading information ................................................................... 31
Emergency Management Act 2013 v
Division 3 Miscellaneous matters
105 Entering Aboriginal land ................................................................ 32
106 Criminal liability of executive officer of body corporate .................. 33
Part 6 Compensation for loss
107 Definitions ...................................................................................... 33
108 Limitation on compensation ........................................................... 34
109 Application for compensation......................................................... 34
110 Decision on application .................................................................. 34
111 Application to court ........................................................................ 34
Part 7 Miscellaneous matters
112 Delegation ..................................................................................... 35
113 Protection from liability .................................................................. 35
114 Protection of employment .............................................................. 36
115 Regulations.................................................................................... 36
Part 8 Repeals and transitional matters
Division 1 Repeals
116 Repeals ......................................................................................... 36
Division 2 Transitional matters
Subdivision 1 Interpretation
117 Definitions ...................................................................................... 36
Subdivision 2 Office holders
118 Members of Council....................................................................... 37
119 Members of Region Counter Disaster Planning Committee .......... 37
120 Members of Local Counter Disaster Planning Committee ............. 37
121 Director of NTES ........................................................................... 38
122 Regional Controllers ...................................................................... 38
123 Local Controllers............................................................................ 38
124 Authorized persons........................................................................ 38
125 Voluntary members of NTES ......................................................... 38
Subdivision 3 Instruments
126 Regions ......................................................................................... 38
127 Counter disaster plans ................................................................... 39
Emergency Management Act 2013 vi
Part 9 Transitional matters for Fire and
Emergency Legislation Amendment Act
2024
128 Definition........................................................................................ 39
129 Director and nominated member of Regional Emergency
Committee ..................................................................................... 39
130 Actions, agreement, arrangements and plans ............................... 40
131 Protection from liability .................................................................. 40
Schedule 1 Procedures of emergency management
bodies
Schedule 2 Repealed Acts
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 16 July 2024
EMERGENCY MANAGEMENT ACT 2013
An Act to provide for matters relating to emergency management, and
for related matters
Part 1 Preliminary matters
Division 1 Introductory matters
1 Short title
This Act may be cited as the Emergency Management Act 2013.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
Division 2 Operation of Act
3 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
4 Limitation on application of Act
This Act does not authorise a person to do, or make preparations to
do, any of the following:
(a) engage in armed combat;
(b) put down a riot or other civil disturbance;
(c) end a strike or lockout.
Part 1 Preliminary matters
Division 3 Interpretation
Emergency Management Act 2013 2
5 Interaction with other Acts
During an emergency situation, state of emergency or state of
disaster, this Act prevails to the extent of any inconsistency with
another Act.
6 Conflict of duties
(1) This section applies to a police officer who is appointed as any of
the following:
(a) a Regional Controller;
(b) a Local Controller;
(c) a Regional Recovery Coordinator;
(d) a Local Recovery Coordinator.
(2) This Act prevails to the extent of any inconsistency between the
police officer's duties under this Act and his or her duties under the
Police Administration Act 1978.
7 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 7
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Division 3 Interpretation
8 Definitions
In this Act:
affected area means:
(a) for an emergency situation – the area in which the emergency
situation exists; or
(b) for a state of emergency – the area in which the state of
emergency exists; or
(c) for a state of disaster – the area in which the state of disaster
exists.
Part 1 Preliminary matters
Division 3 Interpretation
Emergency Management Act 2013 3
approved emergency plan means a plan approved under
section 10(3), 13(2) or 16(2).
authorised officer, see section 98.
chairperson means:
(a) for the Council – the co-chairpersons of the Council mentioned
in section 42; or
(b) for a Regional Emergency Committee – the chairperson of the
Committee mentioned in section 63; or
(c) for a Regional Recovery Coordination Committee – the
chairperson of the Committee mentioned in section 74; or
(d) for a Local Emergency Committee – the chairperson of the
Committee mentioned in section 85; or
(e) for a Local Recovery Coordination Committee – the
chairperson of the Committee mentioned in section 96.
Chief Officer means the person holding or occupying the office of
Chief Officer mentioned in section 48(1).
Commissioner, see section 3(1) of the Fire and Emergency
Act 1996.
Council means the Territory Emergency Management Council
established by section 36.
disaster means an event that requires a significant coordinated
response using the combined resources of the Territory,
non-government entities within the Territory and resources from
outside the Territory.
emergency means an event that requires a significant coordinated
response using the combined resources of the Territory and
non-government entities within the Territory.
emergency management body means any of the following:
(a) the Council;
(b) a Regional Emergency Committee;
(c) a Local Emergency Committee;
(d) a Regional Recovery Coordination Committee;
(e) a Local Recovery Coordination Committee.
Part 1 Preliminary matters
Division 3 Interpretation
Emergency Management Act 2013 4
emergency operation means an activity (including training) to
prevent, minimise, prepare for and respond to an event.
emergency planning means establishing plans, structures and
arrangements for future emergency and recovery operations.
emergency situation, see section 18(1).
event means an occurrence, whether natural or caused by human
acts or omissions, that:
(a) causes or threatens to cause:
(i) loss of, or damage to, property; or
(ii) loss of life or injury or distress to persons; or
(b) in any way endangers the safety of the public.
Local Controller, for a locality, means the Local Emergency
Controller for the locality mentioned in section 76(1).
Local Emergency Committee, for a locality, means the Committee
established for the locality under section 80.
Local Recovery Coordination Committee, for a locality, means
the Committee established for the locality under section 91.
Local Recovery Coordinator, for a locality, means the Local
Recovery Coordinator for the locality mentioned in section 87.
locality means an area within a region.
Northern Territory Emergency Service means the Northern
Territory Emergency Service continued in existence under
section 44.
NTES means Northern Territory Emergency Service.
Power and Water Corporation means the Power and Water
Corporation established by section 4 of the Power and Water
Corporation Act 1987.
recovery operation means an activity to assist with recovery from
the effects of an event.
region means a region specified in a Gazette notice under
section 27.
Regional Controller, for a region, means the Regional Emergency
Controller for the region mentioned in section 54.
Part 2 Emergency plans
Division 1 Territory emergency plan
Emergency Management Act 2013 5
Regional Emergency Committee, for a region, means the
Committee established for the region by section 58.
Regional Recovery Coordination Committee, for a region,
means the Committee established for the region by section 69.
Regional Recovery Coordinator, for a region, means the
Regional Recovery Coordinator for the region mentioned in
section 65.
state of disaster means a state of disaster declared under
section 21.
state of emergency means a state of emergency declared under
section 19.
Territory Controller means the Territory Emergency Controller
mentioned in section 28.
Territory Recovery Coordinator means the Territory Recovery
Coordinator mentioned in section 32.
volunteer member means a member of the NTES appointed under
section 52.
Note for section 8
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
Part 2 Emergency plans
Division 1 Territory emergency plan
9 Preparation of Territory emergency plan
(1) The Commissioner must ensure that an emergency plan is
prepared for the Territory.
(2) The plan must provide a basis for coordinated emergency and
recovery operations in the Territory.
10 Consideration and approval of Territory emergency plan
(1) The Commissioner must submit the emergency plan to the Council
for consideration.
(2) Before approving the plan, the Council may:
(a) make changes to the plan; or
Part 2 Emergency plans
Division 2 Regional emergency plan
Emergency Management Act 2013 6
(b) return the plan to the Commissioner with recommended
changes.
(3) The Council may approve the plan by Gazette notice specifying:
(a) the name of the plan; and
(b) the place (which may be a website) at which the plan can be
inspected.
(4) The Commissioner must ensure the plan is available for inspection
at the place specified in the notice.
11 Review of Territory emergency plan
The Commissioner must review the operation and effectiveness of
the approved emergency plan for the Territory at least once every
12 months.
Division 2 Regional emergency plan
12 Preparation of regional emergency plan
(1) The Territory Controller must ensure that an emergency plan is
prepared for each region.
(2) The plan must provide a basis for coordinated emergency and
recovery operations in the region.
13 Approval of regional emergency plan
(1) Before approving the emergency plan, the Territory Controller must
consult:
(a) the Regional Controller for the region; and
(b) the Commissioner.
(2) The Territory Controller may approve the plan by Gazette notice
specifying:
(a) the name of the plan; and
(b) the place (which may be a website) at which the plan can be
inspected.
(3) The Territory Controller must ensure the plan is available for
inspection at the place specified in the notice.
Part 2 Emergency plans
Division 3 Local emergency plan
Emergency Management Act 2013 7
14 Review of regional emergency plan
The Territory Controller must review the operation and
effectiveness of the approved emergency plan for the region at
least once every 12 months.
Division 3 Local emergency plan
15 Preparation of local emergency plan
(1) If directed by the Council, the Territory Controller must ensure that
an emergency plan is prepared for a locality.
(2) The plan must provide a basis for coordinated emergency and
recovery operations in the locality.
16 Consideration and approval of local emergency plan
(1) Before approving the emergency plan, the Territory Controller must
consult:
(a) the Local Controller for the locality; and
(b) the Commissioner.
(2) The Territory Controller may approve the plan by Gazette notice
specifying:
(a) the name of the plan; and
(b) the place (which may be a website) at which the plan can be
inspected.
(3) The Territory Controller must ensure the plan is available for
inspection at the place specified in the notice.
17 Review of local emergency plan
The Territory Controller must review the operation and
effectiveness of the approved emergency plan for the locality at
least once every 12 months.
Part 3 Emergency management mechanisms
Division 1 Emergency situation
Emergency Management Act 2013 8
Part 3 Emergency management mechanisms
Division 1 Emergency situation
18 When an emergency situation exists
(1) An emergency situation exists in an area during the following
periods:
(a) from the time the Minister declares under subsection (2) that
the emergency situation exists until the Minister declares
under subsection (3) that the emergency situation no longer
exists;
(b) from the time a state of disaster or a state of emergency is
declared for the area until the Minister declares under
subsection (3) that the emergency situation no longer exists in
the area;
(c) from the time a tropical cyclone watch or warning is issued for
the area by the Bureau of Meteorology until the earlier of the
following:
(i) the end of the 3rd day after the day the watch or warning
is issued;
(ii) the Minister declares under subsection (3) that the
emergency situation no longer exists in the area.
(2) The Minister, acting on the advice of the Council, may declare that
an emergency situation exists in an area if:
(a) an event has occurred or is reasonably likely to occur; and
(b) the Minister is satisfied that the special powers under
section 23 are necessary in the area for effective emergency
and recovery operations in response to the event.
(3) The Minister, acting on the advice of the Council, may declare that
an emergency situation no longer exists in an area if:
(a) the Minister is satisfied that the special powers under
section 23 are no longer necessary in the area; and
(b) neither a state of emergency nor a state of disaster exist in the
area.
Part 3 Emergency management mechanisms
Division 3 State of disaster
Emergency Management Act 2013 9
(4) In this section:
Bureau of Meteorology means the Commonwealth Bureau of
Meteorology established by the Meteorology Act 1955 (Cth).
Division 2 State of emergency
19 Declaration of state of emergency
The Minister may declare that a state of emergency exists in an
area if:
(a) an emergency has occurred; and
(b) the Minister is satisfied that the special powers under
section 24 are necessary in the area for effective emergency
and recovery operations in response to the emergency.
20 Duration of state of emergency
(1) The state of emergency:
(a) begins as soon as it is declared; and
(b) continues until the end of the 3rd day after the day it is
declared unless, before that time:
(i) the declaration is revoked; or
(ii) a state of disaster is declared in the same area; or
(iii) the declaration is extended under subsection (2).
(2) The Minister may extend the declaration for the periods, not
exceeding 3 days in each case, as he or she considers necessary.
Division 3 State of disaster
21 Declaration of state of disaster
(1) The Administrator may declare that a state of disaster exists in an
area if:
(a) a disaster has occurred; and
(b) the Administrator is satisfied that the special powers under
section 24 are necessary in the area for effective emergency
and recovery operations in response to the disaster.
Part 3 Emergency management mechanisms
Division 4 Special powers and duties
Emergency Management Act 2013 10
(2) If the Administrator is unable to exercise the power to declare a
state of disaster, a state of disaster may be declared by 2 Ministers
acting jointly.
22 Duration of state of disaster
(1) The state of disaster:
(a) begins as soon as it is declared; and
(b) continues until the end of the 7th day after it is declared
unless, before that time, the declaration is:
(i) revoked; or
(ii) extended under subsection (2).
(2) The Administrator may extend the declaration for the periods, not
exceeding 14 days in each case, as he or she considers necessary.
Division 4 Special powers and duties
23 Special powers during emergency situation
(1) During an emergency situation, an authorised officer may do any of
the following to carry out emergency operations or recovery
operations or to ensure adequate protection of life or property:
(a) direct a person to evacuate from, and remain outside, a
specified place in the affected area;
(b) remove or direct another person to remove a person who does
not comply with a direction under paragraph (a) from the
place;
(c) direct the owner of anything in or near the affected area to
remove or secure the thing;
(d) remove or secure, or direct another person to remove or
secure, anything in or near the affected area if the owner of
the thing:
(i) does not comply with a direction to remove or secure the
thing under paragraph (c); or
(ii) cannot be found within a reasonable time to give the
owner a direction under paragraph (c);
Part 3 Emergency management mechanisms
Division 4 Special powers and duties
Emergency Management Act 2013 11
(e) direct the owner or occupier of property in or near the affected
area to place the property under the control of the authorised
officer.
(2) An authorised officer, or a person acting in accordance with the
directions of an authorised officer, may use reasonable force to
remove a person under subsection (1)(b) if necessary.
(3) The cost of removing or securing a thing under subsection (1)(d) is
a debt due and payable to the Territory by the owner or occupier of
the thing.
(4) An owner or occupier of property who suffers loss because the
property is placed under the control of an authorised officer under
subsection (1)(e) is entitled to receive compensation for the loss in
accordance with Part 6.
24 Special powers during state of emergency or disaster
(1) During a state of emergency or disaster, an authorised officer may
do any of the following to carry out emergency operations or
recovery operations or to ensure adequate protection of life or
property:
(a) direct a person to assist in tasks to save life or property in
immediate danger in the affected area;
(b) direct the owner or person in charge of a place of business,
worship or entertainment in the affected area to close the
place to the public for a specified period;
(c) using reasonable force if necessary, enter a place in the
affected area;
(d) close a place open to or used by the public, including a road.
Note for subsection (1)
Under section 18(1)(b), an emergency situation exists during a state of
emergency or disaster. As a result, an authorised officer also has special powers
under section 23 during a state of emergency or disaster.
(2) In this section:
road, see section 5(1) of the Control of Roads Act 1953.
Part 4 Emergency management structure
Division 1 Preliminary matters
Emergency Management Act 2013 12
25 Duties of Chief Executive Officers
During an emergency situation, a state of emergency or a state of
disaster, the Chief Executive Officer of an Agency must act in
accordance with:
(a) any relevant approved emergency plan; and
(b) the directions of the Territory Controller in relation to
emergency operations; and
(c) the directions of the Territory Recovery Coordinator in relation
to recovery operations.
Note for section 25
This section applies to the Commissioner as a Chief Executive Officer.
Part 4 Emergency management structure
Division 1 Preliminary matters
26 Overview of emergency management structure
(1) Emergency management in the Territory is organised on a
Territory, regional and local level.
(2) The Council oversees all emergency management, including
recovery operations, in the Territory.
(3) The Territory Controller controls and directs all emergency
operations in the Territory and oversees the preparation of
emergency plans for regions and localities.
(4) The Territory Recovery Coordinator coordinates and directs all
recovery operations in the Territory.
(5) Regional and Local Emergency Committees oversee emergency
planning and emergency operations in regions and localities.
(6) Regional and Local Controllers supervise emergency planning and
emergency operations in regions and localities.
(7) Regional and Local Recovery Coordination Committees oversee
recovery operations in regions and localities.
(8) Regional and Local Recovery Coordinators supervise recovery
operations in regions and localities.
Part 4 Emergency management structure
Division 3 Territory Recovery Coordinator
Emergency Management Act 2013 13
(9) The NTES conducts a wide range of emergency management
activities, including emergency planning, emergency operations and
recovery operations.
27 Regions
The Council may, by Gazette notice, divide the Territory into
regions for this Act.
Division 2 Territory Emergency Controller
28 Territory Emergency Controller
The Commissioner of Police is the Territory Emergency Controller.
29 Functions of Territory Controller
The Territory Controller has the following functions:
(a) to control and direct emergency operations in the Territory;
(b) to ensure emergency plans are prepared for regions and
localities and to consider such plans for approval;
(c) any other functions conferred on the Territory Controller by the
Council or by this or any other Act.
30 Powers of Territory Controller
The Territory Controller has the following powers:
(a) the powers necessary to perform his or her functions;
(b) any other powers conferred on the Territory Controller by this
or any other Act.
31 Territory Controller subject to directions
The Territory Controller is subject to the directions of the Council.
Division 3 Territory Recovery Coordinator
32 Territory Recovery Coordinator
The Chief Executive Officer of the Department of the Chief Minister
is the Territory Recovery Coordinator.
Part 4 Emergency management structure
Division 4 Territory Emergency Management Council
Emergency Management Act 2013 14
33 Functions of Territory Recovery Coordinator
The Territory Recovery Coordinator has the following functions:
(a) to coordinate and direct recovery operations in the Territory;
(b) any other functions conferred on the Territory Recovery
Coordinator by the Council or by this Act.
34 Powers of Territory Recovery Coordinator
The Territory Recovery Coordinator has the following powers:
(a) the powers necessary to perform his or her functions;
(b) any other powers conferred on the Territory Recovery
Coordinator by this Act.
35 Territory Recovery Coordinator subject to directions
The Territory Recovery Coordinator is subject to the directions of
the Council.
Division 4 Territory Emergency Management Council
36 Establishment of Council
The Territory Emergency Management Council is established.
37 Functions of Council
The Council has the following functions:
(a) to direct resources for emergency operations and recovery
operations in the Territory;
(b) to advise the Minister in relation to emergency planning,
emergency operations and recovery operations in the
Territory;
(c) to consider emergency plans for the Territory for approval;
(d) to advise, assist and, if necessary, direct the Territory
Controller, the Territory Recovery Coordinator and the
Commissioner in the exercise of their powers and the
performance of their functions;
(e) any other functions conferred on it by this or any other Act.
Part 4 Emergency management structure
Division 4 Territory Emergency Management Council
Emergency Management Act 2013 15
38 Powers of Council
The Council has the following powers:
(a) the powers necessary to perform its functions;
(b) any other powers conferred on it by this or any other Act.
39 Council subject to directions
The Council is subject to the directions of the Minister.
40 Membership of Council
(1) The Council consists of the following members:
(a) the Territory Controller;
(b) the Territory Recovery Coordinator;
(c) the Commissioner;
(ca) the Chief Officer;
(cb) the Chief Officer as defined in section 3(1) of the Fire and
Emergency Act 1996;
(d) subject to subsection (2), at least 3 other members appointed
by the Minister.
(2) The Minister may appoint a member to represent the
Commonwealth only with the consent of the Commonwealth.
41 How member may be appointed
For section 40(1)(d), the Minister may appoint:
(a) a person by name; or
(b) a person by reference to the office, position or designation
held or occupied by the person; or
(c) a person from time to time holding or occupying a named
office, position or designation.
42 Co-chairpersons of Council
The Territory Controller and the Territory Recovery Coordinator are
co-chairpersons of the Council.
Part 4 Emergency management structure
Division 5 Northern Territory Emergency Service
Emergency Management Act 2013 16
43 Procedures of Council
The procedures of the Council are specified in Schedule 1.
Division 5 Northern Territory Emergency Service
44 Continuation of Northern Territory Emergency Service
The Northern Territory Emergency Service that was, immediately
before the commencement of section 116 of this Act, in existence
under section 17 of the Disasters Act 1982, continues in existence
under the same name.
45 Membership of NTES
The NTES consists of the following members:
(a) the Commissioner;
(b) the Chief Officer;
(c) each public sector employee employed in the NTES;
(d) each volunteer member.
46 Functions of NTES
The NTES has the following functions:
(a) to conduct rescue operations, emergency operations and
recovery operations, whether or not a state of disaster, state
of emergency or emergency situation exists;
(b) to advise, assist, educate and train members of the public and
organisations, including Agencies and volunteer organisations,
in emergency planning and operations;
(c) to develop and install communications and operational
facilities that may be required by the NTES for emergency
planning and emergency operations and recovery operations;
(d) any other functions conferred on it by the Council or by this or
any other Act.
47 Powers of NTES
The NTES has the following powers:
(a) the powers necessary to perform its functions;
(b) any other powers conferred on it by this or any other Act.
Part 4 Emergency management structure
Division 5 Northern Territory Emergency Service
Emergency Management Act 2013 17
48 Chief Officer
(1) The Commissioner must appoint a public sector employee to be the
Chief Officer.
(2) Subject to the directions of the Commissioner, the Chief Officer has
operational responsibility for the NTES.
(3) The Chief Officer has the powers necessary to perform the Chief
Officer's functions.
49 Functions of Commissioner
The Commissioner has the following functions:
(a) to determine the policy and procedures of the NTES;
(c) to coordinate any Commonwealth support provided to the
Territory for emergency planning, emergency operations and
recovery operations;
(d) to ensure emergency plans are prepared for the Territory;
(e) to advise and assist Regional and Local Controllers in the
performance of their functions;
(f) any other functions conferred on the Commissioner by the
Council or by this or any other Act.
50 Powers of Commissioner
The Commissioner has the following powers:
(a) the powers necessary to perform the Commissioner's
functions;
(b) any other powers conferred on the Commissioner by this Act.
52 Volunteer members
The Commissioner may appoint volunteer members of the NTES.
53 Volunteer units
(1) The Commissioner may establish a volunteer unit within the NTES
for a locality.
(2) The Commissioner must appoint a volunteer member to be the unit
officer for each volunteer unit.
Part 4 Emergency management structure
Division 6 Regional Emergency Controller
Emergency Management Act 2013 18
(3) The unit officer has the following functions:
(a) to supervise the activities of the unit and ensure that the
Commissioner's instructions and the policies and procedures
of the NTES are complied with;
(b) to develop the capacity of the unit to effectively carry out
emergency operations;
(c) during emergency operations – to maintain close liaison with
the Local Controller for the locality and ensure that the
volunteer unit provides the maximum assistance possible to
the Local Controller;
(d) any other functions conferred on the unit officer by the
Commissioner or by this Act.
(4) The unit officer has the powers necessary to perform the officer's
functions.
(5) The unit officer is responsible for the care and maintenance of
equipment made available to the volunteer unit by the
Commissioner .
Division 6 Regional Emergency Controller
54 Appointment of Regional Controller
For each region, the Territory Controller must appoint a police
officer to be the Regional Emergency Controller.
55 Functions of Regional Controller
(1) The Regional Controller for a region has the following functions:
(a) to supervise emergency operations in the region;
(b) to ensure that the Territory Controller's instructions, policies
and procedures are complied with;
(c) any other functions conferred on the Regional Controller by
the Territory Controller or by this Act.
(2) The Regional Controller is responsible for the care and
maintenance of equipment made available to the region by the
NTES.
Part 4 Emergency management structure
Division 7 Regional Emergency Committee
Emergency Management Act 2013 19
56 Powers of Regional Controller
The Regional Controller for a region has the following powers:
(a) the powers necessary to perform his or her functions;
(b) any other powers conferred on the Regional Controller by this
Act.
57 Regional Controller subject to directions
Each Regional Controller is subject to the directions of the Territory
Controller.
Division 7 Regional Emergency Committee
58 Establishment of Regional Emergency Committee
A Regional Emergency Committee is established for each region.
59 Functions of Regional Emergency Committee
The Regional Emergency Committee for a region has the following
functions:
(a) to direct resources for emergency operations in the region;
(b) to advise and assist the Regional Controller of the region in
the exercise of his or her powers and the performance of his
or her functions;
(c) any other functions conferred on the Committee by the
Council or by this Act.
60 Powers of Regional Emergency Committee
A Regional Emergency Committee for a region has the following
powers:
(a) the powers necessary to perform its functions;
(b) any other powers conferred on it by this Act.
61 Membership of Regional Emergency Committee
(1) The Regional Emergency Committee for a region consists of the
following members:
(a) the Regional Controller for the region;
(b) each Local Controller for a locality in the region;
Part 4 Emergency management structure
Division 7 Regional Emergency Committee
Emergency Management Act 2013 20
(c) at least 12 persons appointed by the Council as mentioned in
subsection (2);
(d) any other person the Committee considers necessary or
desirable to appoint.
(2) Of the persons appointed under subsection (1)(c):
(a) one must be a member of the NTES mentioned in
section 45(c) and nominated by the Commissioner; and
(b) one must be a person nominated by the Commissioner who is
a member of the Northern Territory Fire and Rescue Service,
as established under section 5 of the Fire and Emergency
Act 1996; and
(c) one must be nominated by the Bushfires Council established
under section 21 of the Bushfires Management Act 2016; and
(d) one must be nominated by the Chief Executive Officer of the
Agency primarily responsible for health; and
(e) one must be nominated by the Chief Executive Officer of the
Agency primarily responsible for community welfare services;
and
(f) one must be nominated by the Chief Executive Officer of the
Agency primarily responsible for infrastructure; and
(g) one must be nominated by the Chief Executive Officer of the
Agency primarily responsible for roads and transport; and
(h) one must be nominated by the Chief Executive Officer of the
Agency primarily responsible for education; and
(i) one must be nominated by the Chief Executive Officer of the
Department of the Chief Minister; and
(j) one must be nominated by the Chief Executive Officer of the
Power and Water Corporation; and
(k) each local government council for a local government area in
(or partly in) the region must nominate one person; and
(l) one must be nominated by the Regional Controller for the
region to represent non-government welfare agencies.
Part 4 Emergency management structure
Division 8 Regional Recovery Coordinator
Emergency Management Act 2013 21
62 How member may be appointed
For section 61(1)(c) and (d), the Council or the Committee may
appoint:
(a) a person by name; or
(b) a person by reference to the office, position or designation
held or occupied by the person; or
(c) a person from time to time holding or occupying a named
office, position or designation.
63 Chairperson of Regional Emergency Committee
The Regional Controller for a region is the chairperson of the
Regional Emergency Committee for the region.
64 Procedures of Regional Emergency Committee
The procedures of each Regional Emergency Committee are
specified in Schedule 1.
Division 8 Regional Recovery Coordinator
65 Appointment of Regional Recovery Coordinator
The Territory Recovery Coordinator may appoint a Regional
Recovery Coordinator for a region that has been affected by an
event.
66 Functions of Regional Recovery Coordinator
(1) The Regional Recovery Coordinator for a region has the following
functions:
(a) to coordinate the assessment of recovery and restoration
requirements in the region;
(b) to direct and coordinate recovery operations in the region in
accordance with any relevant approved emergency plan;
(c) to ensure that the Territory Recovery Coordinator's
instructions, policies and procedures are complied with;
(d) any other functions conferred on the Regional Recovery
Coordinator by the Territory Recovery Coordinator or by this
Act.
Part 4 Emergency management structure
Division 9 Regional Recovery Coordination Committee
Emergency Management Act 2013 22
(2) The Regional Recovery Coordinator is responsible for the care and
maintenance of equipment made available to the region by the
Territory.
67 Powers of Regional Recovery Coordinator
The Regional Recovery Coordinator for a region has the following
powers:
(a) the powers necessary to perform his or her functions;
(b) any other powers conferred on the Regional Recovery
Coordinator by this Act.
68 Regional Recovery Coordinator subject to directions
The Regional Recovery Coordinator for a region is subject to the
directions of the Territory Recovery Coordinator.
Division 9 Regional Recovery Coordination Committee
69 Establishment of Regional Recovery Coordination Committee
If a Regional Recovery Coordinator is appointed for a region, a
Regional Recovery Coordination Committee for the region is
established.
70 Functions of Regional Recovery Coordination Committee
A Regional Recovery Coordination Committee for a region has the
following functions:
(a) to direct resources for recovery operations in the region;
(b) to advise and assist the Regional Recovery Coordinator for
the region in the exercise of his or her powers and the
performance of his or her functions;
(c) any other functions conferred on it by the Territory Recovery
Coordinator or this Act.
71 Powers of Regional Recovery Coordination Committee
A Regional Recovery Coordination Committee has the following
powers:
(a) the powers necessary to perform its functions;
(b) any other powers conferred on it by this Act.
Part 4 Emergency management structure
Division 9 Regional Recovery Coordination Committee
Emergency Management Act 2013 23
72 Membership of Regional Recovery Coordination Committee
(1) The Regional Recovery Coordination Committee for a region
consists of the following members:
(a) the Regional Recovery Coordinator for the region;
(b) the Regional Controller for the region;
(c) each Local Recovery Coordinator for a locality in (or partly in)
the region;
(d) at least 11 persons appointed by the Council as mentioned in
subsection (2);
(e) any other person the Committee considers necessary or
desirable to appoint.
(2) Of the persons appointed under subsection (1)(d):
(a) one must be a member of the NTES mentioned in
section 45(c) and nominated by the Commissioner; and
(b) one must be nominated by the Chief Executive Officer of the
Agency primarily responsible for health; and
(c) one must be nominated by the Chief Executive Officer of the
Agency primarily responsible for community welfare services;
and
(d) one must be nominated by the Chief Executive Officer of the
Agency primarily responsible for public housing; and
(e) one must be nominated by the Chief Executive Officer of the
Agency primarily responsible for infrastructure; and
(f) one must be nominated by the Chief Executive Officer of the
Agency primarily responsible for roads and transport; and
(g) one must be nominated by the Chief Executive Officer of the
Agency primarily responsible for education; and
(h) one must be nominated by the Chief Executive Officer of the
Department of the Chief Minister; and
(i) one must be nominated by the Chief Executive Officer of the
Power and Water Corporation; and
(j) each local government council for a local government area in
(or partly in) the region must nominate one person; and
Part 4 Emergency management structure
Division 10 Local Emergency Controller
Emergency Management Act 2013 24
(k) one must be nominated by the Regional Recovery Coordinator
for the region to represent non-government welfare agencies.
73 How member may be appointed
For section 72(1)(d) and (e), the Council or the Committee may
appoint:
(a) a person by name; or
(b) a person by reference to the office, position or designation
held or occupied by the person; or
(c) a person from time to time holding or occupying a named
office, position or designation.
74 Chairperson of Regional Recovery Coordination Committee
The Regional Recovery Coordinator for a region is the chairperson
of the Regional Recovery Coordination Committee for the region.
75 Procedures of Regional Recovery Coordination Committee
The procedures of each Regional Recovery Coordination
Committee are specified in Schedule 1.
Division 10 Local Emergency Controller
76 Appointment of Local Controller
(1) The Territory Controller may appoint a Local Emergency Controller
for a locality if the Territory Controller considers it necessary to do
so.
(2) The person appointed must be:
(a) if a police station is situated in the locality – the officer in
charge of the police station; or
(b) otherwise – either:
(i) a resident of the locality; or
(ii) a police officer.
77 Functions of Local Controller
(1) The Local Controller for a locality has the following functions:
(a) to supervise emergency operations in the locality;
Part 4 Emergency management structure
Division 11 Local Emergency Committee
Emergency Management Act 2013 25
(b) to ensure that the instructions, policies and procedures of the
Territory Controller and the Regional Controller for the region
in which the locality is located are complied with;
(c) any other functions conferred on the Local Controller by the
Territory Controller, the Regional Controller or by this Act.
(2) The Local Controller is responsible for the care and maintenance of
equipment made available to him or her by the NTES.
78 Powers of Local Controller
The Local Controller for a locality has the following powers:
(a) the powers necessary to perform his or her functions;
(b) any other powers conferred on the Local Controller by this Act.
79 Local Controller subject to directions
The Local Controller is subject to the directions of the Regional
Controller for the region in which the locality is located.
Division 11 Local Emergency Committee
80 Establishment of Local Emergency Committee
If a Local Controller has been appointed for a locality, the Territory
Controller may establish a Local Emergency Committee for the
locality.
81 Functions of Local Emergency Committee
The Local Emergency Committee for a locality has the following
functions:
(a) to advise and assist the Local Controller for the locality in the
exercise of his or her powers and the performance of his or
her functions;
(b) any other functions conferred on the Committee by the
Council or by this Act.
82 Powers of Local Emergency Committee
The Local Emergency Committee has the following powers:
(a) the powers necessary to perform its functions;
(b) any other powers specified by this Act.
Part 4 Emergency management structure
Division 12 Local Recovery Coordinator
Emergency Management Act 2013 26
83 Membership of Local Emergency Committee
The Local Emergency Committee for a locality consists of the
following members:
(a) the Local Controller for the locality;
(b) one person (who must be a member of the NTES mentioned
in section 45(c)) appointed by the Council on the nomination
of the Commissioner;
(c) any other person the Committee considers necessary or
desirable to appoint.
84 How member may be appointed
For section 83(b) and (c), the Council or the Committee may
appoint:
(a) a person by name; or
(b) a person by reference to the office, position or designation
held or occupied by the person; or
(c) a person from time to time holding or occupying a named
office, position or designation.
85 Chairperson of Local Emergency Committee
The Local Controller for a locality is the chairperson of the Local
Emergency Committee for the locality.
86 Procedures of Local Emergency Committee
The procedures of each Local Emergency Committee are specified
in Schedule 1.
Division 12 Local Recovery Coordinator
87 Appointment of Local Recovery Coordinator
The Regional Recovery Coordinator for a region that has been
affected by an event may appoint a Local Recovery Coordinator for
a locality within the region.
Part 4 Emergency management structure
Division 13 Local Recovery Coordination Committee
Emergency Management Act 2013 27
88 Functions of Local Recovery Coordinator
(1) The Local Recovery Coordinator for a locality has the following
functions:
(a) to coordinate the assessment of recovery and restoration
requirements in the locality;
(b) to direct and coordinate recovery operations in the locality in
accordance with any relevant approved emergency plan;
(c) to ensure that the instructions, policies and procedures of the
Territory Recovery Coordinator and the Regional Recovery
Coordinator for the region in which the locality is located are
complied with;
(d) any other functions conferred on the Local Recovery
Coordinator by the Territory Recovery Coordinator, the
Regional Recovery Coordinator or by this Act.
(2) The Local Recovery Coordinator is responsible for the care and
maintenance of equipment made available to the Local Recovery
Coordinator by the Territory.
89 Powers of Local Recovery Coordinator
The Local Recovery Coordinator for a locality has the following
powers:
(a) the powers necessary to perform his or her functions;
(b) any other powers conferred on the Local Recovery
Coordinator by this or any other Act.
90 Local Recovery Coordinator subject to directions
The Local Recovery Coordinator for a locality is subject to the
directions of the Regional Recovery Coordinator for the region in
which the locality is located.
Division 13 Local Recovery Coordination Committee
91 Establishment of Local Recovery Coordination Committee
If a Local Recovery Coordinator is appointed for a locality, the
Territory Recovery Coordinator may establish a Local Recovery
Coordination Committee for the locality.
Part 4 Emergency management structure
Division 13 Local Recovery Coordination Committee
Emergency Management Act 2013 28
92 Functions of Local Recovery Coordination Committee
The Local Recovery Coordination Committee for a locality has the
following functions:
(a) to direct resources for recovery operations in the locality;
(b) to advise and assist the Local Recovery Coordinator for the
locality in the exercise of his or her powers and the
performance of his or her functions;
(c) any other functions conferred on it by the Territory Recovery
Coordinator or the Regional Recovery Coordinator for the
region in which the locality is located.
93 Powers of Local Recovery Coordination Committee
The Local Recovery Coordination Committee has the following
powers:
(a) the powers necessary to perform its functions;
(b) any other powers conferred on it by this Act.
94 Membership of Local Recovery Coordination Committee
The Local Recovery Coordination Committee for a locality consists
of the following members:
(a) the Local Recovery Coordinator for the locality;
(b) the Local Controller for the locality;
(c) any other person the Committee considers necessary or
desirable to appoint.
95 How member may be appointed
For section 94(c), the Committee may appoint:
(a) a person by name; or
(b) a person by reference to the office, position or designation
held or occupied by the person; or
(c) a person from time to time holding or occupying a named
office, position or designation.
Part 5 Enforcement
Division 1 Authorised officers
Emergency Management Act 2013 29
96 Chairperson of Local Recovery Coordination Committee
The Local Recovery Coordinator for a locality is the chairperson of
the Local Recovery Committee for the locality.
97 Procedures of Local Recovery Coordination Committee
The procedures of each Local Recovery Committee are specified in
Schedule 1.
Part 5 Enforcement
Division 1 Authorised officers
98 Authorised officers
(1) Each of the following is an authorised officer:
(a) the Territory Controller;
(b) the Territory Recovery Coordinator;
(c) the Commissioner;
(ca) the Chief Officer;
(cb) the Chief Officer as defined in section 3(1) of the Fire and
Emergency Act 1996;
(d) within a region:
(i) the Regional Controller for the region; and
(ii) the Regional Recovery Coordinator for the region;
(e) within a locality:
(i) the Local Controller for the locality; and
(ii) the Local Recovery Coordinator for the locality;
(f) a police officer;
(g) a person appointed under subsection (2).
(2) A person mentioned in subsection (1)(a) to (e) may appoint another
person to be an authorised officer.
Part 5 Enforcement
Division 2 Offences relating to authorised officers
Emergency Management Act 2013 30
99 Issue of identity card
(1) The Commissioner must give each authorised officer who is not a
police officer an identity card stating the person's name and that the
person is an authorised officer.
(2) The identity card must:
(a) show a recent photograph of the authorised officer; and
(b) show the card's date of issue; and
(c) be signed by the authorised officer.
100 Return of identity card
(1) A person who ceases to be an authorised officer must return the
person's identity card to the Commissioner within 21 days after the
cessation.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against
subsection (1) if the defendant has a reasonable excuse.
Division 2 Offences relating to authorised officers
101 Failure to comply with direction
(1) A person commits an offence if:
(a) an authorised officer gives the person a direction under
section 23(1)(a), (c) or (e) or 24(1)(a) or (b); and
(b) the person knows the other person is an authorised officer
acting in an official capacity; and
(c) the person engages in conduct that results in a contravention
of the direction.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(2) It is a defence to a prosecution for an offence against
subsection (1) if the defendant establishes a reasonable excuse.
Part 5 Enforcement
Division 2 Offences relating to authorised officers
Emergency Management Act 2013 31
102 Falsely representing to be authorised officer
(1) A person commits an offence if the person:
(a) represents, by words or conduct, that the person or another
person is an authorised officer; and
(b) the representation is false; and
(c) the person makes the representation intending to deceive.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Strict liability applies to subsection (1)(b).
103 Obstructing authorised officer
(1) A person commits an offence if:
(a) the person obstructs another person acting in an official
capacity as an authorised officer; and
(b) the person knows the other person is an authorised officer
acting in an official capacity.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) In this section:
acting in an official capacity, in relation to an authorised officer,
means the officer is exercising powers or performing functions
under, or otherwise related to the administration of, this Act.
obstruct includes hinder and resist.
104 Misleading information
(1) A person commits an offence if:
(a) the person gives information to an another person; and
(b) the other person is an authorised officer; and
(c) the person knows the information is misleading; and
Part 5 Enforcement
Division 3 Miscellaneous matters
Emergency Management Act 2013 32
(d) the person knows the authorised officer is acting in an official
capacity.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(2) A person commits an offence if:
(a) the person gives a document to an another person; and
(b) the other person is an authorised officer; and
(c) the person knows the document contains misleading
information; and
(d) the person knows the authorised officer is acting in an official
capacity.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Subsection (2) does not apply if the person, when giving the
document:
(a) draws the misleading aspect of the document to the attention
of the authorised officer; and
(b) to the extent to which the person can reasonably do so – gives
the authorised officer the information necessary to remedy the
misleading aspect of the document.
(5) In this section:
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
Division 3 Miscellaneous matters
105 Entering Aboriginal land
(1) An authorised officer may enter and remain on Aboriginal land (as
defined in section 3 of the Aboriginal Land Act 1978) if it is
reasonably necessary to do so for the authorised officer to exercise
a power or to perform a function under this Act.
Part 6 Compensation for loss
Emergency Management Act 2013 33
(2) Subsection (1):
(a) has effect despite any law in force in the Territory; and
(b) does not affect the operation of any other provision of this Act.
106 Criminal liability of executive officer of body corporate
(1) An executive officer of a body corporate commits an offence if:
(a) the body corporate commits an offence under this Act (the
relevant offence); and
(b) the officer was in a position to influence the conduct of the
body corporate in relation to the commission of the offence;
and
(c) the officer failed to take reasonable steps to prevent the
commission of the offence; and
(d) the officer was reckless about whether the commission of the
offence would happen.
Maximum penalty: The maximum penalty that may be imposed
on an individual for the relevant offence.
(2) This section does not affect the liability of the body corporate for the
relevant offence.
(3) This section applies whether or not the body corporate is
prosecuted for, or convicted of, the relevant offence.
(4) This section does not apply if the body corporate would have a
defence to a prosecution for the relevant offence.
(5) In this section:
executive officer, of a body corporate, means a director or other
person who is concerned with, or takes part in, the management of
the body corporate.
Part 6 Compensation for loss
107 Definitions
In this Part:
claimant means the owner or occupier of property who suffers loss
because the property is placed under the control of an authorised
officer under section 23(1)(e).
Part 6 Compensation for loss
Emergency Management Act 2013 34
108 Limitation on compensation
A claimant is not entitled to compensation from the Territory for a
loss to the extent:
(a) of any amount recovered or recoverable for the loss by the
claimant under an insurance policy; or
(b) that the conduct of the claimant contributed to the loss.
109 Application for compensation
(1) The claimant may apply, in writing, to the Minister for
compensation.
(2) The application must state particulars of the loss, the amount
claimed and the basis for the amount claimed.
110 Decision on application
(1) The Minister must decide the application within 28 days after
receiving it.
(2) If the Minister is satisfied that the claimant is entitled to
compensation, 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 decided.
(3) The claimant may, in writing:
(a) accept the offer; or
(b) reject the offer.
(4) If the claimant accepts the offer, the Territory must pay the amount
to the claimant.
(5) If the Minister does not decide the application within 28 days after
receiving it, the Minister is taken to have refused to pay
compensation.
111 Application to court
If the Minister refuses to pay compensation or the claimant does not
accept an offer of compensation, the claimant may apply to a court
of competent jurisdiction to recover from the Territory the
reasonable compensation that the court decides.
Part 7 Miscellaneous matters
Emergency Management Act 2013 35
Part 7 Miscellaneous matters
112 Delegation
(1) Each of the following persons may delegate any of the person's
powers and functions under this Act to another person:
(a) the Minister;
(b) the Territory Controller;
(c) the Territory Recovery Coordinator;
(d) the Commissioner;
(e) a Regional Controller;
(f) a Regional Recovery Coordinator;
(g) a Local Controller;
(h) a Local Recovery Coordinator.
(2) However:
(a) a Local Controller for a locality must not delegate any of the
Local Controller's powers or functions without the written
approval of the Regional Controller for the region in which the
locality is located; and
(b) a Local Recovery Coordinator for a locality must not delegate
any of the Local Controller's powers or functions without the
written approval of the Regional Recovery Coordinator for the
region in which the locality is located.
113 Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith in the exercise of a power or
performance of a function as any of the following:
(a) a member of an emergency management body;
(b) an authorised officer;
(c) a member of the NTES.
(2) Subsection (1) does not affect any liability the Territory would, apart
from that subsection, have for the act or omission.
Part 8 Repeals and transitional matters
Division 2 Transitional matters
Subdivision 1 Interpretation
Emergency Management Act 2013 36
(3) In this section:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of
the function.
114 Protection of employment
(1) This section applies if:
(a) a person is required to conduct or assist in the conduct of
functions under this Act during an emergency situation, a state
of emergency or a state of disaster; and
(b) as a result, the person is absent from his or her usual
employment.
(2) The person is not liable for dismissal or loss of any of his or her
usual employment rights or benefits (including long service leave,
sick leave and recreation leave) only because the person is absent,
whether or not the person's employer has consented to the
absence.
115 Regulations
The Administrator may make regulations under this Act.
Part 8 Repeals and transitional matters
Division 1 Repeals
116 Repeals
The Acts specified in Schedule 2 are repealed.
Division 2 Transitional matters
Subdivision 1 Interpretation
117 Definitions
In this Division:
commencement day means the day on which section 116
commences.
Part 8 Repeals and transitional matters
Division 2 Transitional matters
Subdivision 2 Office holders
Emergency Management Act 2013 37
repealed Act means the Disasters Act 1982 as in force
immediately before the commencement day.
Subdivision 2 Office holders
118 Members of Council
A person who, immediately before the commencement day, was a
member of the Northern Territory Counter Disaster Council
appointed under section 7(2)(c) of the repealed Act is taken to be a
member of the Territory Emergency Management Council
appointed under section 40(1)(d) of this Act.
119 Members of Region Counter Disaster Planning Committee
A person who, immediately before the commencement day, was a
member of a Region Counter Disaster Planning Committee for a
region appointed under:
(a) section 24(1)(b) of the repealed Act, is taken to be a member
of the Regional Emergency Committee for the region
appointed under section 61(1)(c) of this Act with reference to
section 61(2)(a); and
(b) section 24(1)(c) of the repealed Act, is taken to be a member
of the Regional Emergency Committee for the region
appointed under section 61(1)(c) of this Act with reference to
section 61(2)(b); and
(c) section 24(1)(d) of the repealed Act, is taken to be a member
of the Regional Emergency Committee for the region
appointed under section 61(1)(c) of this Act with reference to
section 61(2)(c); and
(d) section 24(1)(g) of the repealed Act, is taken to be a member
of the Regional Emergency Committee for the region
appointed under section 61(1)(c) of this Act with reference to
section 61(2)(l).
120 Members of Local Counter Disaster Planning Committee
A person who, immediately before the commencement day, was a
member of a Local Counter Disaster Council for a locality appointed
under section 30(1)(b) of the repealed Act, is taken to be a member
of the Local Emergency Committee for the locality appointed under
section 83(b) of this Act.
Part 8 Repeals and transitional matters
Division 2 Transitional matters
Subdivision 3 Instruments
Emergency Management Act 2013 38
121 Director of NTES
The person who, immediately before the commencement day, was
the Director of the NTES under section 14 of the repealed Act, is
taken to be the Director appointed under section 48 of this Act.
122 Regional Controllers
A person who, immediately before the commencement day, was a
Regional Counter Disaster Controller for a region appointed under
section 22 of the repealed Act, is taken to be the Regional
Emergency Controller for the region appointed under section 54 of
this Act.
123 Local Controllers
A person who, immediately before the commencement day, was a
Local Counter Disaster Controller for a locality appointed under
section 28 of the repealed Act, is taken to be the Local Emergency
Controller for the locality appointed under section 76 of this Act.
124 Authorized persons
A person who, immediately before the commencement day, was an
authorized person as defined in sections 37(4) and 38(5) of the
repealed Act, is taken to be an authorised officer appointed under
section 98(2) of this Act.
125 Voluntary members of NTES
A person who, immediately before the commencement day, was a
voluntary member as defined in section 4 of the repealed Act is
taken to be a volunteer member of the NTES appointed under
section 52 of this Act.
Subdivision 3 Instruments
126 Regions
A notice of a division of the Territory into regions published in the
Gazette under section 9(2)(b) of the repealed Act and in force
immediately before the commencement day, is taken to be a notice
dividing the Territory into regions published in the Gazette under
section 27 of this Act.
Part 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024
Emergency Management Act 2013 39
127 Counter disaster plans
(1) A counter disaster plan for the Territory approved by the Northern
Territory Counter Disaster Council under section 9(1)(b) of the
repealed Act and in force immediately before the commencement
day, is taken to be an approved emergency plan for the Territory
approved by the Territory Emergency Management Council under
section 10(3) of this Act.
(2) A counter disaster plan for a region approved by the Northern
Territory Counter Disaster Council under section 9(1)(b) of the
repealed Act and in force immediately before the commencement
day, is taken to be an approved emergency plan for the region
approved by the Territory Controller under section 13(2) of this Act.
(3) A counter disaster plan for a locality approved by the Northern
Territory Counter Disaster Council under section 9(1)(b) of the
repealed Act and in force immediately before the commencement
day, is taken to be an approved emergency plan for the locality
approved by the Territory Controller under section 16(2) of this Act.
(4) The Director must ensure a plan mentioned in subsection (1) is
available for inspection by the public.
(5) The Territory Controller must ensure a plan mentioned in
subsection (2) or (3) is available for inspection by the public.
Part 9 Transitional matters for Fire and Emergency
Legislation Amendment Act 2024
128 Definition
In this Part:
commencement means commencement of section 3 of the Fire
and Emergency Legislation Amendment Act 2024.
129 Director and nominated member of Regional Emergency
Committee
(1) The person who, immediately before the commencement, was the
Director appointed under section 48, is taken, on the
commencement, to be the Chief Officer.
(2) The person who was nominated under section 61(2)(b) and,
immediately before the commencement, was a member of a
Regional Emergency Committee and continues as a member after
commencement in accordance with the person's appointment.
Part 9 Transitional matters for Fire and Emergency Legislation Amendment Act 2024
Emergency Management Act 2013 40
130 Actions, agreement, arrangements and plans
Any action, agreement, arrangement, plan or other thing taken,
made, prepared or done by the Director and in effect immediately
before the commencement is taken, after the commencement, to be
taken, made or done by the Commissioner.
131 Protection from liability
Section 113 continues to apply to any act done or omitted to be
done in good faith in the exercise of a power or performance of a
function by the Director before the commencement.
Schedule 1 Procedures of emergency management bodies
Emergency Management Act 2013 41
Schedule 1 Procedures of emergency management bodies
sections 43, 64, 75, 86 and 97
1 Procedures
Subject to this Act, an emergency management body may
determine its own procedures.
2 Meetings
The chairperson of an emergency management body may convene
a meeting of the body at any time.
3 Quorum at meeting
(1) The quorum for a meeting of an emergency management body is a
majority of members of the body, including the chairperson.
(2) If a member of an emergency management body is unable to
attend a meeting, the member may, in writing, appoint a person to
attend the meeting as the member's proxy.
4 Presiding member at meeting
A meeting of an emergency management body must be presided
over by the chairperson of the body.
5 Voting at meeting – Council
(1) A decision at a meeting of the Council is determined by the majority
vote of members present and voting.
(2) If there is an equality of votes:
(a) the co-chairpersons have a joint casting vote; and
(b) if the co-chairpersons cannot agree how to cast the joint
casting vote – the decision must be referred to the Minister for
determination.
6 Voting at meeting – other bodies
(1) A decision at a meeting of an emergency management body other
than the Council is determined by the majority vote of members
present and voting.
(2) If there is an equality of votes, the chairperson has a casting vote.
Schedule 1 Procedures of emergency management bodies
Emergency Management Act 2013 42
7 Records of meetings
An emergency management body must keep accurate records of its
meetings.
ENDNOTES
Emergency Management Act 2013 44
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Emergency Management Act 2013 (Act No. 27, 2013)
Assent date 8 November 2013
Commenced 27 November 2013 (Gaz S63, 27 November 2013)
Bushfires Management Act 2016 (Act No. 14, 2016)
Assent date 7 June 2016
Commenced 1 November 2016 (Gaz S111, 27 October 2016)
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
Local Government Act 2019 (Act No. 39, 2019)
Assent date 13 December 2019
Commenced pt 8.6: 1 July 2022; rem 1 July 2021 (Gaz S27, 30 June 2021)
Amending Legislation
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
Local Government Amendment Act 2021 (Act No. 15, 2021)
Assent date 25 May 2021
Commenced 26 May 2021 (s 2)
Fire and Emergency Legislation Amendment Act 2024 (Act No. 5, 2024)
Assent date 14 March 2024
Commenced 16 July 2024 (Gaz S67, 15 July 2024)
ENDNOTES
Emergency Management Act 2013 45
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 6, 8, 24, 44, 61 and 105
and Sch 3 and 4.
4 LIST OF AMENDMENTS
s 8 amd No. 39, 2019, s 370; No. 5, 2024, s 4
ss 9 – 11 amd No. 5, 2024, s 16
s 13 amd No. 5, 2024, s 16
s 16 amd No. 5, 2024, s 16
s 18 amd No. 26, 2020, s 3
s 25 amd No. 5, 2024, s 5
s 37 amd No. 5, 2024, s 16
s 40 amd No. 5, 2024, s 6
s 45 amd No. 5, 2024, s 7
s 48 sub No. 5, 2024, s 8
s 49 amd No. 5, 2024, s 9
s 50 amd No. 5, 2024, s 10
s 51 rep No. 5, 2024, s 11
ss 52 – 53 amd No. 5, 2024, s 16
s 61 amd No. 14, 2016, s 120; No. 5, 2024, s 12
s 72 amd No. 5, 2024, s 16
s 83 amd No. 5, 2024, s 16
s 98 amd No. 5, 2024, s 13
ss 99 – 100 amd No. 5, 2024, s 16
s 112 amd No. 5, 2024, s 16
pt 9 hdg sub No. 5, 2024, s 14
ss 128 – 129 sub No. 5, 2024, s 14
ss 130 – 131 ins No. 5, 2024, s 14
sch 3 – 4 rep No. 5, 2024, s 15