Div 4ACommand structure

Division 4A—Command structure 116A—Command structure (1) There will be such officers within the SASES command structure as the regulations may prescribe or as the Chief Officer thinks fit to appoint. (2) The Chief Officer, or the regulations, may provide that an employee of SASES is not eligible for appointment to a specified rank or ranks within the SASES. (3) The relative authority of each officer and member of SASES will be in accordance with a command structure determined by the Chief Officer. (4) Each officer or member of SASES must recognise the authority and obey the directions of an officer to whom that officer or member is subordinate. (5) The Chief Officer may, on reasonable grounds— (a) demote a person who holds a particular rank in SASES; (b) disqualify a person from holding a rank in SASES; (c) disqualify a person from membership of SASES; (d) exercise any other disciplinary power in accordance with the regulations. (6) Before taking action against a person under subsection (5), the Chief Officer must give the person a reasonable opportunity to appear before the Chief Officer (either personally or through the person's representative) and to make submissions in relation to the proposed course of action. Division 5—Powers and duties relating to emergencies Subdivision 1—Exercise of control at scene of emergency 117—Exercise of control at scene of emergency (a) an emergency has arisen or is imminent; and (b) no other body or person has lawful authority to assume control, or a body or person with lawful authority to assume control has not done so; and (c) an SASES unit has attended, then the most senior member of SASES in attendance may assume control (and all members of SASES, and all other persons present at the scene, will be subject to his or her control). (a) derogates from the powers of the Chief Officer of SASES to assume control of any operations; or (b) prevents a member of SASES who has taken control of any operations surrendering control of those operations to any other body or person who has lawful authority to act in relation to the particular emergency; or (c) prevents another person or body with lawful authority to do so assuming control at the scene of an emergency. Subdivision 2—Exercise of powers at scene of emergency 118—Powers (1) An officer of SASES may take, or cause to be taken, any action that appears necessary or desirable for the purpose of protecting the life, health or safety of any person or animal, or protecting property, relevant services or the environment, or for any other purpose associated with dealing with an emergency or the threat of an emergency (despite the fact that the action may result in damage to, or destruction of, property or any aspect of the environment or cause pecuniary loss to any person). (2) Without limiting or derogating from the operation of subsection (1), an officer under subsection (1), or any person acting under the command of an officer, may (to such extent as appears necessary or desirable in the circumstances)— (a) enter and, if necessary, break into any land, building, structure or vehicle (using such force as is necessary); (b) take possession of, protect or assume control over any land, body of water, building, structure, vehicle or thing; (c) remove or destroy, or order the removal or destruction of, any building, structure, vehicle, vegetation, animal or other thing; (d) direct the owner of, or the person for the time being in charge of, any real or personal property to place it under the control or at the disposition of a specified person; (e) remove, or cause to be removed, to such place as the authorised person may determine, any person or animal, or direct the evacuation or removal of any person or animal; (g) remove flammable material or any other hazardous material, or cause flammable material or any other hazardous material to be removed, from any place, building or structure; (h) cause any supply of fuel or other flammable liquid, any gas or electricity, or any other hazardous material to be connected, reconnected, disconnected or shut off; (iii) to contain the escape of any hazardous material, or to nullify the effects of the escape of any hazardous material; or (iv) to shut off or remove any plant, equipment, apparatus or device or to perform any operation in relation to any plant, equipment, apparatus or device; (j) shut off, or cut off, the supply of water or any drainage facility; (k) make use of the gratuitous services of any person; (l) direct, insofar as may be reasonably necessary in the circumstances, any person to assist in the exercise of any power under this section; (m) exercise any prescribed power. (3) In the absence of an officer, the powers of an officer under subsection (1) or (2) may be exercised by any member of SASES. (4) A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of an officer of SASES or of any other person given in accordance with subsection (1) or (2). (4a) If an officer of SASES, acting in relation to an emergency, engages a contractor to demolish, contain, neutralise, dispose of or remove any dangerous or hazardous structure, object, substance or materials, the costs of engaging the contractor are recoverable by SASES as a debt from the owner of the dangerous structure, object, substance or materials in a court of competent jurisdiction. (4b) The Chief Officer may determine that the powers of an officer under subsection (4a) may only be exercised by officers of or above a certain rank. (4c) In any proceedings under subsection (4a), a certificate apparently signed by the Chief Officer certifying the costs of engaging the contractor is, in the absence of proof to the contrary, to be accepted as proof of the costs so certified. (5) This section operates subject to the provisions of the Emergency Management Act 2004. Subdivision 3—Related matter 119—Supply of gas or electricity A person or company supplying gas or electricity to any premises or other place where an emergency has occurred, or is in imminent danger of occurring, must, at the direction of a person who is lawfully dealing with the situation under this Division, send a competent person to connect, reconnect, disconnect or shut off the supply of gas or electricity to the premises or other place, or to any adjacent premises or place (and the person so attending must then comply with any direction that may be given in the exercise of powers under this Division). Division 6—Related matters 120—Accounts and audit (1) SASES must keep proper accounting records in relation to its financial affairs, and have annual statements of account prepared in respect of each financial year. (2) The Auditor-General must audit the annual statements of account required under subsection (1). (3) The accounts of an SASES unit are not required to be audited by the Auditor-General but must be audited in accordance with the regulations. 121—Annual reports (1) SASES must, on or before 30 September in each year, deliver to the Commission a report on the activities of SASES during the preceding financial year (and need not provide a report under the Public Sector Act 2009). (b) include any other information that would be required if SASES were reporting under the Public Sector Act 2009; and 122—Common seal and execution of documents (a) execute a document on behalf of SASES; and (b) affix the common seal of SASES to a document. (2) The Chief Officer may, by instrument in writing, authorise another person to exercise a power under subsection (1) subject to conditions and limitations (if any) specified in the instrument for authority. (3) Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of SASES. (4) A document is duly executed by SASES if— (a) the common seal of SASES is affixed to the document in accordance with this section; or (b) the document is signed on behalf of SASES by a person or persons in accordance with any authority conferred under this section. (5) If an apparently genuine document purports to bear the common seal of SASES, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of SASES has been duly affixed to that document. 123—S.A.S.E.S. Volunteers' Association Incorporated (1) S.A.S.E.S. Volunteers' Association Incorporated is recognised as an association that represents the interests of members of SASES units. (2) The association may take such steps as may be reasonably available to it to advance the interests of members of SASES units.