What it does
The State Emergency Service Act 1989 establishes the legal framework for the NSW State Emergency Service, its governance, operational powers, and funding arrangements. The Act creates the SES as the primary combat agency for floods, storms, and tsunamis (s 8(1)(aa)-(c)). It also empowers the SES, when directed by the State Emergency Operations Controller, to handle emergencies where no other agency has lawful authority (s 8(1)(d)), and to carry out rescue operations allocated by the State Rescue Board (s 8(1)(e)). The Service must assist other emergency services at their request and maintain liaison with all emergency services organisations (s 8(1)(g)-(h)).
The Act provides for the appointment of a Commissioner and Deputy Commissioner under the Government Sector Employment Act 2013 (s 9(1)), with the Commissioner having overall responsibility for managing and controlling the Service’s activities (s 11(1)). The Commissioner may divide the State into zones (s 14), appoint zone commanders, local commanders, and unit commanders (ss 16, 17, 17A), and register groups of persons as SES units (s 18). The Act also grants significant emergency powers in Part 5, including the power to direct persons to evacuate (s 22), to shut off utilities and remove dangerous materials (s 22A), to enter premises (s 22B), and to use reasonable force (s 22E). These powers are exercisable during emergencies involving flood, storm, or tsunami, or when directed by the State Emergency Operations Controller (s 19).
The Act establishes a funding mechanism (Part 5A) requiring local councils to pay SES contributions equal to 11.7% of the SES funding target applicable to their area (s 24I(3)). Contributions are paid into the New South Wales State Emergency Service Fund (s 24V), from which the Treasurer also makes annual contributions (s 24E). The Act also establishes the SES Volunteer Joint Consultative Council (Part 5B) to advise the Commissioner on matters affecting volunteers. It protects members, officers, and casual volunteers from personal liability for acts done in good faith (s 25), and deems certain property damage caused during emergency operations to be covered by the relevant insurance policy (s 25A). Regulations may create offences punishable by up to 5 penalty units (s 29(3)). The Act binds the Crown (s 6) and does not authorise measures directed at industrial disputes or civil disturbances (s 4).