State Emergency Service Act 1989 (New South Wales) — Zoe

New South Wales act

State Emergency Service Act 1989

In ForceNSW

Jurisdiction

New South Wales

Act Number

164 of 1989

Collection

act

Plain English Summary

7/10 complexity

What this law does (mechanics)

Establishes the New South Wales State Emergency Service (SES) as a statutory body made up of an employed Commissioner, Deputy Commissioner and staff plus volunteer officers and members of registered SES units (ss 7, 9).
Sets out the SES’s core functions: protecting people and property from floods, storms and tsunamis; acting as the combat agency for those hazards; coordinating evacuation and welfare; carrying out rescue operations when accredited; and assisting other emergency services on request (s 8).
Creates an administrative hierarchy and delegation framework: the Commissioner manages and controls the Service, may delegate functions (except the power of delegation), may divide the State into zones, and may appoint zone, local and unit commanders (ss 11–14, 13, 16–17A). Local councils may recommend local commanders and must provide training/office accommodation when requested (s 17).
Gives the Commissioner and authorised senior emergency officers statutory emergency powers in specified emergencies (flood, storm, tsunami and other incidents directed to the Commissioner): to direct evacuation and exclusion from areas (s 22); to order safety measures including shutting off or disconnecting supplies and taking possession, removal or destruction of dangerous materials (ss 22A–22F); and to enter premises for those purposes subject to written authority, notice rules and limits on use of force (ss 22B–22F). Some noncompliance attracts criminal penalties and other statutory consequences (ss 22A(3)–(4), 22E–22F).

JSON API

Deep Dive

4,848 words · generated 12/05/2026

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).

Current sections

Direct links to the current provisions in State Emergency Service Act 1989.

Official source available

Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.

View on official register

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Operational control and coordination: the Act centralises operational authority in the Commissioner for specified emergencies and requires cooperation from other emergency services, which affects on‑the‑ground command and resource allocation in a declared emergency (ss 20–21).
Discretion and administrative choices: the Minister and Commissioner have significant discretion: the Minister adopts the SES funding target and determines each council’s contribution (s 24B, 24I); the Commissioner decides zone boundaries and appointments and may authorise emergency powers and delegations (ss 14–17A, 13, 22A). These choices determine who pays, where resources are focused, and how emergency powers are used.
Who pays and how money flows: Parliament-provided funds flow into the Fund via Treasurer contributions (s 24E). Local councils must pay a statutory proportion (11.7% of the local SES funding target) from their consolidated fund (ss 24I(3), 24M). The State Revenue Commissioner collects and enforces unpaid amounts as if they were taxes under specified provisions of the Taxation Administration Act (s 24LA). Those mechanics create predictable revenue streams for the SES but impose a recurring cash obligation on councils and an administrative/recording burden.
Compliance burdens and information flows: councils must provide information to the Commissioner on request to support target setting (s 24C); unit commanders must keep donation records and produce them on request (s 28A); assessment and instalment notices are issued and instalments must be paid to the State Revenue Commissioner on specified dates (ss 24J–24L). Noncompliance with contribution obligations is recoverable and subject to taxation‑style enforcement (s 24LA).
Limits, safeguards and costs related to emergency powers: the Act authorises entry, disconnection of supplies and even limited use of force, but requires written authority, notice where practicable, care to minimise damage and compensation mechanisms (ss 22A–22F). Those mechanisms create potential costs (property damage, compensation decisions by Ministers) and set who bears risks in emergency responses (see ss 22E–22F and s 25A—insurance treatment for damage caused in good faith).
Concentrated vs diffuse fiscal effects: the funding structure concentrates an explicit direct cost on local councils (a fixed percentage calculation) while benefits from SES activities are distributed across communities. The Act also leaves scope for the Minister and Treasurer to adjust or agree on treatment of particular receipts or surpluses (ss 24B(6), 24G(4)), which is a policy and budgeting lever.
Administrative and implementation risks: the scheme depends on timely information from councils (s 24C) and on Minister/Treasurer decisions and agreement on targets and adjustments (ss 24B, 24G); delays, disagreement or inaccurate estimates create risks of unexpected deficits or surpluses and reliance on the State Revenue Commissioner for enforcement (ss 24D, 24E, 24LA).

Main concepts

The Act defines several key concepts. The State Emergency Service is the body established under s 7(1), comprising the Commissioner, Deputy Commissioner, other staff, and the volunteer officers and members of all SES units (s 7(2)). The Commissioner is the person employed as Commissioner of the State Emergency Service in the Public Service (s 3). An emergency officer includes the Commissioner and any person appointed under s 15. Emergency officers may be appointed whether or not they are members of the Service (s 15(3)). A senior emergency officer is a police officer of or above the rank of sergeant, an officer of Fire and Rescue NSW of or above station commander, an SES officer of or above unit commander, a rural fire brigade deputy captain or above, or a Regional Emergency Management Officer (s 18A). These senior officers are specifically empowered to give directions under s 22A.

An SES unit is an organisation registered as such under s 18(1). The Commissioner may register a group of persons on his own initiative or on application of an association (s 18(1A)). Membership of an SES unit may be granted, suspended, or withdrawn by the Commissioner, zone commander, local commander, or unit commander (s 18AA(1)). Withdrawal can occur at any time for any reason (s 18AA(2)), but suspension is only for investigating an alleged offence or contravention of procedures (s 18AA(3)). Suspended or withdrawn members have rights to apply for reconsideration or appeal to the Commissioner (s 18AA(4)-(5)). Zone commanders are appointed under s 16, local commanders under s 17 (on recommendation of the local council), and unit commanders under s 17A. Local and unit commanders have term limits of no more than 2 years (s 17B(1)).

Part 5A introduces financial concepts. The SES funding target is adopted by the Minister (with the Treasurer’s agreement) before 31 March each year using a formula based on estimated SES expenditure and adjustments for actual expenditure from two years prior (s 24B). The SES funding amount is an updated version adopted after the financial year starts (s 24G). Local councils pay an SES contribution equal to 11.7% of the funding target applicable to their area (s 24I(3)), payable in four instalments (s 24IA). The Fund (New South Wales State Emergency Service Fund) is established in the Special Deposits Account in the Treasury (s 24V(1)). The Fund receives contributions from the Treasurer and other money (s 24V(3)), and payments from the Fund meet SES expenditure or as directed by the Act (s 24V(5)). The State Revenue Commissioner administers collection, issuing assessment notices by 30 April each year (s 24K) and instalment notices (s 24L). Unpaid amounts are recoverable as a debt, and certain provisions of the Taxation Administration Act 1996 apply (s 24LA).

Who it affects

The Act directly affects several categories of persons and bodies. Members of the State Emergency Service, including the Commissioner, Deputy Commissioner, other staff employed under the Government Sector Employment Act 2013 (s 9(1)), and volunteer officers and members of all SES units (s 7(2)(b)) are the core personnel. Emergency officers appointed under s 15, whether or not they are SES members, are subject to the Act’s emergency powers and duties. Zone commanders, local commanders, and unit commanders are appointed by the Commissioner and have specific responsibilities for controlling and coordinating SES activities (ss 16, 17, 17A). Their deputies may also act in their absence (ss 17C, 16(4)). Casual volunteers who assist with the consent of an SES member or emergency officer are covered by the personal liability protection in s 25(2).

Local councils are significantly affected. They must comply with information requests from the Commissioner to help prepare the SES funding target (s 24C). Each council must pay an SES contribution each financial year (s 24H), amounting to 11.7% of the funding target for its area (s 24I(3)), payable in four instalments on 30 September, 31 December, 31 March, and 30 June (s 24J). The contribution must be paid from the council’s consolidated fund, and donations or voluntary contributions cannot be used for this purpose unless approved by the Minister (s 24M). Councils are required to provide free training facilities and office accommodation for local commanders within three months of appointment (s 17(5)-(6)). They must also obtain the Commissioner’s written consent before selling or disposing of any equipment purchased from the Fund (s 24X(1)).

Other emergency services are affected. Every member of the NSW Police Force and all other emergency services organisations must recognise the authority of the Commissioner and emergency officers during SES operations (s 21(1)), and have a duty to assist (s 21(2)). The Act also binds the Crown in right of New South Wales and, so far as legislative power permits, the Crown in all other capacities (s 6). Insurance companies were historically subject to contributions under the now-repealed scheme, but transitional provisions in Schedule 1, Part 6 impose final obligations for the year ending 30 June 2017, including final returns and final assessments (clauses 15-17). The public may be subject to emergency directions to evacuate, not enter an area, or have property taken or destroyed under s 22 and s 22A.

Key duties and rights

The Act imposes various duties and confers rights on different actors. The Commissioner has a duty to undertake planning and preparation for exercising functions effectively (s 12(1)), to arrange for collation, assessment, and public dissemination of information about floods, storms, and tsunamis (s 12(3)), and to provide suitable training to emergency officers (s 15(5)). The Commissioner may delegate functions to the Deputy Commissioner or any other member or emergency officer, but not the power of delegation itself (s 13). The Commissioner is also required to prepare written reports and recommendations about SES expenditure to assist the Minister in adopting the funding target (s 24D).

Zone commanders are responsible for controlling and coordinating activities of SES units in their zone, subject to Commissioner’s directions (s 16(2)). Local commanders have similar responsibilities for their local government area, subject to directions of the Commissioner or relevant zone commander (s 17(3)). Unit commanders are responsible for their unit, subject to directions of the Commissioner, zone commander, or local commander (s 17A(2)). All commanders are subject to annual review and report by the Commissioner (s 17B(2)).

Members of SES units have the right to have membership granted, but it may be suspended or withdrawn at any time for any reason (s 18AA(1)-(2)). Suspension is limited to investigations into alleged offences or contraventions of procedures (s 18AA(3)). Persons whose membership is withdrawn may apply for reconsideration (if withdrawn by the Commissioner) or appeal to the Commissioner (if withdrawn by a zone, local, or unit commander) (s 18AA(4)). The Commissioner may reinstate or confirm the withdrawal (s 18AA(5)). Procedures for suspension, withdrawal, and appeals are to be set out in procedure manuals maintained by the Service (s 18AA(6)). This section operates despite any other law relating to membership of an association (s 18AA(7)).

During emergencies, the Commissioner has the right to give directions to evacuate or take other steps concerning persons (s 22(1)), and if a person does not comply, an emergency officer may use reasonably necessary force to ensure compliance (s 22(2)). Under s 22A, the Commissioner or authorised senior emergency officer may direct the shutting off of utilities, taking possession or destruction of dangerous materials, and may require the person who controls a substance to send a competent person to shut it off (s 22A(2)). The person must comply with such a requirement (s 22A(3)). Suppliers acting in accordance with directions are not liable for damages caused by interruption (s 22A(4)). Persons entering premises under s 22B must do as little damage as possible (s 22D) and generally need a written authority (s 22F). Forced entry requires written authorisation (s 22E(1)). If property is damaged by a right of entry, compensation may be determined by the Minister (or Minister for Police if a police officer effected entry) (s 22E(4)), with a right to apply to the Premier for review (s 22E(5)).

Unit commanders have a duty to keep written records of donations of financial or material support provided to the unit (s 28A(1)), and must furnish copies to the Commissioner immediately on request (s 28A(2)). Members of the Consultative Council have duties to disclose pecuniary interests (Schedule 3, clause 7). The Chair has a deliberative vote and a casting vote (Schedule 3, clause 12(2)).

Penalties and enforcement

The Act creates specific offences and enforcement mechanisms. The primary offence is under s 22A(3): a person who fails to comply with a requirement or direction under s 22A(2) to send a competent person to shut off or disconnect a substance is liable to a maximum penalty of 50 penalty units. Another offence arises under Schedule 1, Part 6, clause 15(3): an insurance company that fails to give a final return and auditor’s certificate by the due date, or gives a false or misleading return, is liable to a maximum penalty of 20 penalty units. Clause 18(4) creates an offence where a relevant owner fails to pay the appropriate proportion of a final contribution within 30 days after it is due, with a maximum penalty of 10 penalty units.

Regulations made under s 29 may create offences punishable by a penalty not exceeding 5 penalty units (s 29(3)). The regulations may also make provision for the exercise of emergency officer functions and the formation, amalgamation, and dissolution of SES units (s 29(2)). Proceedings for any offence against the Act or regulations are to be dealt with summarily before the Local Court (s 28).

For SES contributions, enforcement is more elaborate. If a local council does not pay the whole or part of an SES contribution as required, the unpaid amount is recoverable by the State Revenue Commissioner as a debt in a court of competent jurisdiction (s 24LA(1)). Additionally, applied provisions of the Taxation Administration Act 1996 apply to the SES contribution as if it were a taxation law (s 24LA(2)). These applied provisions include Division 1 (Interest) of Part 5, sections 50 and 55 (false and misleading information), Division 1, 2, and 3 of Part 9 (tax officers, investigation, secrecy), and sections 114, 115, 116, 118, 119, and 120 (s 24LA(3)). However, Part 10 of the Taxation Administration Act 1996 does not apply to SES contributions (s 24LA(5)). This means that the usual review and appeal mechanisms under that Part are not available for SES contributions; instead, the assessment and collection process is governed by the applied provisions and the general law. The State Revenue Commissioner must give assessment notices and instalment notices to councils (ss 24K, 24L). Certificates signed by the Minister stating the SES funding target or contribution amount are admissible as proof in proceedings (s 24Y).

In the transitional period under Schedule 1, Part 6, if an insurance company fails to pay a contribution deficit in full by the due date, the applied provisions of the Taxation Administration Act 1996 apply, with interest and penalty tax (clause 17(5)-(6)). The unpaid amount constitutes a debt due to the Commissioner and may be recovered in court (clause 17(8)). The Commissioner may apply an insurer loading of 50% of the estimate if a final return is not provided (clause 16(4)). These transitional provisions are now largely spent but remain relevant for any outstanding obligations.

How it interacts with other laws

The Act expressly interacts with several other pieces of legislation. Section 8(2) requires that the functions of the State Emergency Service be exercised in accordance with the State Emergency and Rescue Management Act 1989, and in particular with the requirements under the State Emergency Management Plan or any state of emergency under that Act. Section 20 provides that the Commissioner’s overall control of operations in response to emergencies is subject to the State Emergency and Rescue Management Act 1989. The SES may also be directed by the State Emergency Operations Controller to deal with emergencies where no other agency has lawful authority (s 8(1)(d)), and must assist the State Emergency Operations Controller and State Emergency Recovery Controller in their emergency management functions (s 8(1)(f)).

Section 26 provides that this Act does not limit the operation of any other Act or law. This means other laws continue to apply concurrently unless inconsistent. For example, police powers under other Acts are not affected; indeed, police officers are recognised as senior emergency officers under s 18A and have duties to assist under s 21. The Act also binds the Crown (s 6), which includes the State and, so far as legislative power permits, the Crown in all its other capacities.

Section 4 contains a significant limitation: the Act does not authorise measures directed at bringing an industrial dispute to an end or controlling a riot or other civil disturbance. This restriction ensures the SES’s emergency powers cannot be used in those contexts and that such situations remain the province of other agencies like police or industrial relations mechanisms.

The Act interacts with the Government Sector Employment Act 2013: the Commissioner, Deputy Commissioner, and other staff are employed under Part 4 of that Act (s 9(1)), but members of SES units (volunteers) are excluded from that provision (s 9(2)). Section 9(3) allows the Commissioner to arrange for use of services of staff of a Public Service agency or public or local authority, and such persons become members of the SES staff for the purposes of the Act (s 9(4)).

Insurance interactions are addressed by s 25A. Damage to property caused in good faith under s 22A(1) during an emergency is deemed to be damage by the happening that constitutes the emergency (flood, storm, tsunami, etc.) for the purposes of any insurance policy covering that risk (s 25A(1)). This provision only applies when the function is exercised to protect persons or property endangered by the emergency or by hazardous material escape (s 25A(2)). Any contractual provision that purports to negative or limit this section is void (s 25A(3)). This deeming provision ensures that policyholders are not left uninsured when emergency actions cause property damage.

The Act also references the State Emergency and Rescue Management Act 1989 for accreditation of SES units as rescue units under Part 3 of that Act (s 18(4)). The definitions in this Act have the same meanings as in that Act, except where context indicates otherwise (s 3(2)). The interpretation and application of this Act are also affected by the Interpretation Act 1987 (note to s 3).

Amendment history

The Act has been amended multiple times since its enactment in 1989. The amendment notations in the text show amendments by: 1990 No 108 (Sch 1) - likely minor adjustments to definitions and references; 1995 No 91 (Sch 2) - introduced ss 22A-22F (emergency powers regarding safety measures, entry, etc.) and the definitions in s 18A; 2000 No 53 (Sch 1.28) - amended s 17; 2005 No 88 (Sch 1) - substantial amendment that restructured Part 4 (emergency officers and SES units), substituted s 14 (zones), inserted ss 17A-17D (unit commanders, terms, deputies, zone headquarters), amended s 18AA (membership), and updated many sections including s 23 (inter-State cooperation); 2006 No 94 (Sch 3.34) - minor amendments; 2007 No 94 (Sch 4) - amended s 28 (proceedings for offences) to refer to Local Court; 2008 No 122 (Sch 6.3) - introduced Part 5A (contribution to SES costs) and related schedules; 2009 No 38 (Sch 2) - minor amendment; 2009 No 84 (Sch 1.4) - substituted Part 5A substantially; 2009 No 90 (Sch 1) - amended definitions and functions related to tsunamis; 2009 No 96 (Sch 24) - inserted s 9A (later repealed); 2010 No 26 (Sch 1) - inserted Part 5B (SES Volunteer Joint Consultative Council) and Schedule 3; 2010 No 46 (Sch 2.4) - minor amendments to Part 5A; 2012 No 95 (Sch 1.18) - updated references; 2012 No 103 (Sch 4) - amended s 18A and s 8; 2015 No 58 (Sch 3.82) - updated employment references from Public Sector Management Act to Government Sector Employment Act 2013, repealed s 9A; 2017 No 9 (Sch 4.7) - major amendment to Part 5A transitioning from insurance company contributions to local council contributions, inserting ss 24IA, 24IB, 24LA, and repealing Division 6 and Schedule 2; 2018 No 25 (Sch 5.37) - amended s 24ZA and Schedule 3; 2018 No 59 (Sch 4) - amended definitions, s 14 (zones), ss 16-17D, s 18AA, s 21, and s 28A; 2018 No 70 (Sch 4.93) - amended s 24ZC regarding annual reporting information under the Government Sector Finance Act 2018; 2022 No 48 (Sch 3.4) - repealed s 24.

The Schedule 1 savings and transitional provisions contain parts consequent on amendments in 2005, 2008, 2009, and 2017. Part 3 (2005) dealt with continuation of regions, unit controllers, and deputy controllers. Part 6 (2017) dealt with final contributions from insurance companies for the scheme that ended 30 June 2017.

Litigation history

The source text does not mention any specific cases or litigation history. No case names or judicial decisions are referenced in the Act itself. However, the Act contains provisions that could give rise to litigation. Section 25 provides personal immunity for members, officers, and casual volunteers for acts done in good faith for the purpose of exercising functions of the SES. This immunity would likely be tested if a plaintiff alleged lack of good faith or that the act was outside the scope of functions. The onus would be on the person claiming immunity to establish good faith.

Section 22E(4) provides for compensation for property damaged by the exercise of a right of entry, but it states the person is not entitled to compensation - rather, they are to receive such compensation as determined by the Minister. The use of “is to receive” suggests a right, but the immediately following “but is not entitled to receive compensation” is ambiguous. The provision says: “the person is to receive such compensation as may be determined by the Minister … but is not entitled to receive compensation.” This seems contradictory; the second part may intend to limit an entitlement if the damage arose from a police officer’s entry, but the grammar is unclear. Litigation could arise over the interpretation of this clause. A person may apply to the Premier for review of the Minister’s determination (s 22E(5)), indicating a right of administrative review but not a court action.

Section 25A deems certain property damage to be covered by insurance. This provision may be litigated if an insurer disputes coverage on the basis that the damage was caused by the SES rather than the natural event. The section explicitly voids any contractual provision that purports to negative or limit its operation (s 25A(3)). This could lead to disputes about whether the damage falls within the scope of s 25A(2) - that is, whether the function was exercised to protect persons or property from the emergency or from hazardous material escape.

Part 5A’s debt recovery provisions and the application of Taxation Administration Act 1996 provisions could lead to litigation by local councils challenging assessments or the imposition of interest and penalty tax. However, s 24LA(5) excludes Part 10 of the Taxation Administration Act 1996, which contains review and appeal rights, so councils may need to rely on judicial review or debt recovery proceedings.

The transitional provisions in Schedule 1, Part 6 regarding final contributions and final assessments from insurance companies could also be the subject of litigation, particularly regarding the Commissioner’s power to estimate premiums and impose a 50% insurer loading if returns are not provided (clause 16(3)-(4)). The certificate evidence provision (clause 20) would affect proof in such proceedings.

Overall, while no cases are named, the Act provides several potential grounds for litigation, particularly around personal liability, compensation, insurance coverage, and contribution assessments.

Gotchas

Several provisions may catch practitioners unaware. First, s 4: the Act does not authorise measures directed at industrial disputes or civil disturbances. This means the SES cannot be used to break strikes or control riots, even if they cause emergencies. Second, s 18AA(2) allows membership of an SES unit to be withdrawn at any time and for any reason. There is no requirement for cause, only a right to apply for reconsideration or appeal to the Commissioner. However, suspension is strictly limited to investigations (s 18AA(3)). Third, s 25 provides personal immunity only if the act was done in good faith for the purpose of exercising the functions of the SES. Acts done recklessly or maliciously may not be protected. The same applies to casual volunteers who assist with consent (s 25(2)).

Fourth, s 24M(2) prohibits using donated or voluntary contributions to pay SES contributions unless approved by the Minister. Councils must ensure they do not inadvertently use such funds. Fifth, s 24X prohibits a local council from selling or disposing of equipment purchased from the Fund without the Commissioner’s written consent, and requires proceeds to be paid into the Fund (s 24X(2)). This creates a continuing obligation even after the equipment is provided.

Sixth, s 22A(3) makes it an offence (50 penalty units) to fail to comply with a requirement to send a competent person to shut off a substance. This applies not just to individuals but potentially to corporations controlling utilities. Seventh, s 22F requires that a person entering premises under emergency powers must be in possession of a written authority and produce it if required. However, police officers may produce their warrant card instead (s 22F(3)). Failure to produce the authority could make the entry unlawful.

Eighth, s 22E(4) on compensation is ambiguous: it says a person whose property is damaged “is to receive such compensation as may be determined by the Minister … but is not entitled to receive compensation.” The phrase “but is not entitled to receive compensation” may be a drafting error or intended to negate a common law right, leaving only the Minister’s discretion. In any event, a person can apply to the Premier for review of the determination (s 22E(5)).

Ninth, s 23(2) deems an inter-State SES unit carrying out operations in NSW under an arrangement to be an SES unit under the Act. This means all the emergency powers in Part 5 apply to them, and they are covered by the personal liability protection. However, they are also subject to the same duties and restrictions. Tenth, the Part 5A contribution scheme requires local councils to pay contributions even if they challenge the amount. The applied provisions of the Taxation Administration Act 1996 include interest and penalty tax for late payment, and recovery as a debt. There is no appeal to the Administrative Decisions Tribunal; review is only through the Minister’s determination or by seeking a certificate under s 24Y, which is proof in proceedings.

Eleventh, unit commanders must keep written records of donations (s 28A(1)). Failure to do so could lead to internal disciplinary action, but there is no specific penalty for breach of this section. Twelfth, the Industrial Relations Act provisions do not apply to the Consultative Council (Schedule 3, clause 8(1)). This means that public service provisions about exclusive employment do not disqualify a person from being a member.

How to comply

Compliance with the Act depends on the role of the entity or person. For the Commissioner and SES staff: ensure that the functions of the Service are exercised in accordance with the State Emergency and Rescue Management Act 1989 (s 8(2)). The Commissioner must undertake planning and preparation, constitute committees, and arrange public dissemination of information about floods, storms, and tsunamis (s 12). When delegating functions, the Commissioner must not delegate the power of delegation itself (s 13). The Commissioner must provide suitable training to emergency officers (s 15(5)) and must obtain the Minister’s agreement for the SES funding target and any adjustments (ss 24B, 24G). The Commissioner should prepare written reports and recommendations about SES expenditure annually (s 24D).

For emergency officers (including the Commissioner and those appointed under s 15): exercise emergency powers only when Part 5 applies (s 19). Before giving directions under s 22A, be satisfied there are reasonable grounds for protecting persons or property from an actual or imminent emergency (s 22A(1)). When entering premises, comply with s 22F - carry written authority unless exempt, and produce it when required. Use as little damage as possible (s 22D). For forced entry, obtain written authorisation either for the particular case or by specifying circumstances (s 22E(1)). After using force, inform the person who directed the action (s 22E(2)). When giving a direction to shut off utilities, require the person who controls the substance to send a competent person (s 22A(2)).

For zone commanders, local commanders, and unit commanders: ensure compliance with directions from the Commissioner or superior commander (ss 16(2), 17(3), 17A(2)). Unit commanders must keep written records of donations of financial or material support (s 28A(1)) and furnish copies to the Commissioner immediately on request (s 28A(2)). Local commanders must provide free training facilities and storage/office accommodation within three months of appointment, to a standard approved by the Commissioner (s 17(5)-(6)). All commanders are subject to annual review (s 17B(2)).

For local councils: provide information to the Commissioner when required, at the times and in the way required (s 24C). Pay SES contributions in four instalments by 30 September, 31 December, 31 March, and 30 June of each financial year (s 24J). Contributions must be paid from the council’s consolidated fund, not from donations or voluntary contributions unless approved by the Minister (s 24M). Do not sell or dispose of equipment purchased from the Fund without the Commissioner’s written consent (s 24X(1)). If equipment is sold, pay the proceeds into the Fund (s 24X(2)). When requested by the Minister, provide documents or information to determine the local council’s SES contribution (s 24I(4)). Also, on request from the Commissioner, recommend a person for appointment as local commander; if no recommendation acceptable within 30 days, the Commissioner may appoint without recommendation (s 17(4)).

For SES unit members and volunteers: act in good faith when exercising functions to attract personal liability protection (s 25). Comply with directions from emergency officers regarding evacuation or other safety measures (s 22). If a member wishes to challenge withdrawal of membership, follow the procedures in the Service’s procedure manuals (s 18AA(6)).

For insurance companies (under transitional provisions): comply with final return requirements under Schedule 1, Part 6, including providing an auditor’s certificate (clause 15). Pay any contribution deficit by the date specified in the final assessment notice (clause 17(3)). If the company fails to provide a return, the Commissioner may estimate the premium total and add a 50% insurer loading (clause 16(4)). The applied provisions of the Taxation Administration Act 1996 on interest and penalty tax apply to unpaid deficits (clause 17(5)-(6)).