3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > accredited rescue unit means a rescue unit accredited by the Minister under Division 4 of Part 3. > > > > agency means a government agency or a non-government agency. > > > > combat agency means the agency identified in the State Emergency Management Plan as the agency primarily responsible for controlling the response to a particular emergency. > > > > control means the overall direction of the activities, agencies or individuals concerned. > > > > co-ordination means the bringing together of agencies and individuals to ensure effective emergency or rescue management, but does not include the control of agencies and individuals by direction. > > > > Department means the Premier’s Department. > > > > emergency has the meaning given by section 4. > > > > emergency operations centre means a centre established under this Act at a State, regional or local level as a centre of communication, and as a centre for the co-ordination of operations and support, during an emergency. > > > > emergency services organisation means the following— > > > > > (a) Ambulance Service of NSW, > > > > > (b) Fire and Rescue NSW, > > > > > (c) a fire brigade within the meaning of the [Fire and Rescue NSW Act 1989](/view/html/inforce/current/act-1989-192), > > > > > (d) NSW Police Force, > > > > > (e) NSW Rural Fire Service, > > > > > (f) State Emergency Service, > > > > > (g) Surf Life Saving New South Wales, > > > > > (h) VRA Rescue NSW Limited, > > > > > (i) Volunteer Marine Rescue NSW, > > > > > (j) an agency that manages or controls an accredited rescue unit, > > > > > (k) a non-government agency that is prescribed by the regulations for the purposes of this definition. > > > > functional area means the following categories of services involved in the prevention of, preparation for, responses to or recovery from an emergency— > > > > > (a) agricultural and animal services, > > > > > (b) telecommunications services, > > > > > (b1) energy and utility services, > > > > > (c) engineering services, > > > > > (d) environmental services, > > > > > (e) health services, > > > > > (e1) education services, > > > > > (f) public information services, > > > > > (g) transport services, > > > > > (h) welfare services, > > > > > (i) another category of services described as a functional area in the State Emergency Management Plan. > > > > government agency means— > > > > > (a) a Public Service agency, > > > > > (b) a public authority, being a body (whether incorporated or not) established by or under an Act for a public purpose, other than— > > > > > > > (i) the Legislative Council or Legislative Assembly or a committee of either or both of those bodies, or > > > > > > > (ii) a court or other judicial tribunal, > > > > > (c) the NSW Police Force, > > > > > (d) a local government council or other local authority, or > > > > > (e) a member or officer of an agency referred to in paragraphs (a)–(d) or any other person in the service of the Crown who has statutory functions, other than— > > > > > > > (i) the Governor, the Lieutenant-Governor or the Administrator of the State, > > > > > > > (ii) a Minister of the Crown, > > > > > > > (iii) a member of the Legislative Council or Legislative Assembly or an officer of that Council or Assembly, or > > > > > > > (iv) a judicial officer. > > > > Local Emergency Management Committee means a Local Emergency Management Committee constituted under Part 2. > > > > local government area means an area within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and includes a combined local government area as referred to in section 27. > > > > non-government agency means a voluntary organisation or any other private individual or body, other than a government agency. > > > > recovery agency means the agency identified in the State Emergency Management Plan as the agency primarily responsible for controlling the recovery from a particular emergency. > > > > region means a region established under section 21. > > > > Regional Emergency Management Committee means a Regional Emergency Management Committee constituted under Part 2. > > > > rescue means the safe removal of persons or domestic animals from actual or threatened danger of physical harm. > > > > Secretary means the Secretary of the Department. > > > > State Emergency Management Committee means the State Emergency Management Committee constituted under Part 2. > > > > State Emergency Management Plan means the State Emergency Management Plan referred to in section 12. > > > > State Emergency Operations Controller—see section 18. > > > > State Emergency Recovery Controller—see section 20A. > > > > State Emergency Service means the NSW State Emergency Service constituted under the [State Emergency Service Act 1989](/view/html/inforce/current/act-1989-164). > > > > state of emergency means a state of emergency declared under Division 4 of Part 2 and for the time being in force. > > > > State Rescue Board means the State Rescue Board of New South Wales constituted under Part 3. > > > > Surf Life Saving New South Wales means Surf Life Saving New South Wales (ACN 138 025 573). > > > > Volunteer Marine Rescue NSW means Volunteer Marine Rescue NSW (ABN 98 138 078 092). > > > > VRA Rescue NSW Limited means VRA Rescue NSW Limited (ABN 68 767 393 968). > > > (2) In this Act— > > > > > (a) a reference to a function includes a reference to a power, authority and duty, and > > > > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. > > **s 3:** Am 1989 No 164, sec 34; 1990 No 48, Sch 1 (am 1991 No 94, Sch 2); 1995 No 11, Sch 1.121; 1995 No 91, Sch 1 \[1\] \[2\]; 1997 No 65, Sch 4.24 \[1\]; 2000 No 32, Sch 1 \[1\]–\[3\]; 2005 No 80, Sch 1 \[1\]; 2006 No 94, Sch 3.33 \[1\] \[2\]; 2009 No 38, Sch 1 \[1\]; 2010 No 46, Sch 2.3 \[1\]; 2010 No 117, Sch 1 \[1\] \[2\]; 2012 No 103, Sch 3 \[1\]–\[8\]; 2015 No 15, Sch 1.25 \[1\] \[2\]; 2018 No 59, Sch 1 \[1\]–\[3\]; 2023 No 42, Sch 5\[1\] \[2\]; 2024 No 78, Sch 1\[1\]–\[5\].