89Exemptions for emergency services

89 Exemptions for emergency services

(1) This section applies in an emergency. (2) An emergency is an event (or an anticipated event) that: (a) endangers, or may endanger, life, property or the environment; or (b) has disrupted, or may disrupt, communications, energy, water supply or sewerage services; or (c) is declared to be an emergency or disaster by: (i) the Commonwealth or a State or Territory; or (ii) a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters.

Note: Examples of an emergency

Note: Fire, explosion and natural disaster.

(3) A person who is acting for an emergency service and who has any time‑critical duties on the way to, or during, an emergency is exempted from the following provisions: (a) Part 3 (Duties relating to work and rest times); (b) Part 4 (Duties relating to record keeping), except Division 4.4 (False work records etc).

Note: The listed provisions do not include the provisions imposing duties to avoid and prevent fatigue.

(4) A person who is returning from attending an emergency is not exempted from the provisions listed in subsection (3). (5) An emergency service is any organisation that has a statutory responsibility to respond to an emergency and includes: (a) an ambulance service; and (b) an emergency auxiliary; and (c) a fire brigade, including a volunteer fire brigade; and (d) a police service or force; and (e) a disaster or emergency organisation of the Commonwealth or a State or Territory; and (f) an organisation prescribed as an emergency service by the regulations.