The Act creates the NSW State Emergency Service as a statutory body with paid leaders and volunteers, defines its flood/storm/tsunami rescue and coordination role, and gives the Commissioner specified emergency powers (evacuation, entry, disconnection, seizure) with limits, liability protections and compensation/insurance rules.
It also establishes an SES Fund, a Minister/Treasurer-driven funding target and mandatory council contributions (collected and enforced by the State Revenue Commissioner). This centralises operational authority, imposes recurring council costs and enforcement mechanics, and affects councils, SES personnel and property owners.
This Act establishes the New South Wales State Emergency Service (the Service) as a statutory organisation, sets out its structure and functions, creates emergency powers for commissioners and senior officers for specified emergencies, and creates a statutory funding and administrative framework for paying for SES activity (including a Fund and contribution obligations on the Treasurer and local councils). The Act also establishes an SES Volunteer Joint Consultative Council and rules for its constitution and procedure (s 7; s 8; s 24V; s 24Z).
Mechanically, the Act:
Constitutes the Service and prescribes membership classes: Commissioner, Deputy Commissioner and other staff employed under the Government Sector Employment Act 2013, together with volunteer officers and members of registered SES units (s 7; s 9(1)-(2)).
Lists the Service’s functions in relation to floods, storms and tsunamis (including acting as combat agency, coordinating evacuation and welfare, rescue operations allocated by the State Rescue Board, liaison and assistance to other emergency services and functions assigned by the Minister or State Emergency Operations Controller) (s 8(1)(aa)-(i); s 8(2) requires exercise of functions to be consistent with the State Emergency and Rescue Management Act 1989).
Authorises the Commissioner to appoint emergency officers (s 15), to divide the State into zones and appoint zone, local and unit commanders (ss 14, 16, 17, 17A), and to delegate functions (s 13).
Creates statutory emergency powers relevant to defined emergencies (flood, storm, tsunami or other emergency referred by the State Emergency Operations Controller): powers to direct evacuation or exclusion (s 22), to take safety measures including shutting off utilities and taking possession of dangerous material (ss 22A-22F), and to enter premises for compliance with directions (s 22B) subject to notice, care and authority requirements (ss 22C-22F). Some offences and specified penalties are attached (s 22A(3); see also s 22E(4)-(5) on compensation and review).
Current sections
Direct links to the current provisions in State Emergency Service Act 1989.
This Act commences on a day or days to be appointed by proclamation.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act—
Commissioner means the person employed in the Public Service as the Commissioner of the State Emergency Service.
Consultative Council means the SES Volunteer Joint Consultative Council.
Deputy Commissioner means the person employed in the Public Service as the Deputy Commissioner of the State Emergency Service.
emergency officer means the Commissioner or a person appointed under section 15 as an emergency officer.
exercise a function includes perform a duty.
function includes a power, authority or duty.
local commander means a commander of SES units in a local government area appointed under section 17.
SES unit means an organisation registered as an SES unit under section 18.
State Emergency Service means the NSW State Emergency Service established under this Act.
unit commander means a commander of an SES unit appointed under section 17A.
zone means a zone established under section 14.
zone commander means the commander appointed under section 16 for SES units in a zone.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Words and expressions in this Act have the same meanings as in the State Emergency and Rescue Management Act 1989, except in so far as the context or subject-matter otherwise indicates or requires.
(3) Notes included in this Act do not form part of this Act.
s 3: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [1]–[4]; 2009 No 90, Sch 1 [1] [2]; 2010 No 26, Sch 1 [1]; 2012 No 95, Sch 1.18 [1]; 2015 No 58, Sch 3.82 [1]; 2018 No 59, Sch 4 [1].
4
Limitation on operation of Act—industrial disputes and civil disturbances
4 Limitation on operation of Act—industrial disputes and civil disturbances
4 Limitation on operation of Act—industrial disputes and civil disturbances
This Act does not authorise the taking of measures directed at—
(a) bringing an industrial dispute to an end, or
(b) controlling a riot or other civil disturbance.
5
5
5 (Repealed)
6
Act binds the Crown
6 Act binds the Crown
6 Act binds the Crown
This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Part 2
The State Emergency Service
Part 2 The State Emergency Service
Part 2 The State Emergency Service
7
State Emergency Service
7 State Emergency Service
7 State Emergency Service
(1) There shall be a NSW State Emergency Service.
(2) The State Emergency Service is to comprise—
(a) the Commissioner, Deputy Commissioner and other staff of the Service, and
(b) the volunteer officers and volunteer members of all SES units.
(3) In any Act or instrument, a reference to the NSW State Emergency Service need not include the term “NSW”.
s 7: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [6]; 2012 No 95, Sch 1.18 [2] [3].
8
Functions of Service
8 Functions of Service
8 Functions of Service
(1) The State Emergency Service has the following functions—
(aa) to protect persons from dangers to their safety and health, and to protect property from destruction or damage, arising from floods, storms and tsunamis,
(a) to act as the combat agency for dealing with floods (including the establishment of flood warning systems) and to co-ordinate the evacuation and welfare of affected communities,
(b) to act as the combat agency for damage control for storms and to co-ordinate the evacuation and welfare of affected communities,
(c) to act as the combat agency for dealing with tsunamis and to co-ordinate the evacuation and welfare of affected communities,
(d) as directed by the State Emergency Operations Controller, to deal with an emergency where no other agency has lawful authority to assume command of the emergency operation,
(e) to carry out, by accredited SES units, rescue operations allocated by the State Rescue Board,
(f) to assist the State Emergency Operations Controller to carry out emergency management functions relating to the prevention of, preparation for and response to, and to assist the State Emergency Recovery Controller to carry out emergency management functions relating to the recovery from, emergencies in accordance with the State Emergency and Rescue Management Act 1989,
(g) to assist, at their request, members of the NSW Police Force, Fire and Rescue NSW, the NSW Rural Fire Service or the Ambulance Service of NSW in dealing with any incident or emergency,
(h) to maintain effective liaison with all emergency services organisations,
(i) to carry out such other functions as may be assigned to it by or under this or any other Act, or by the State Emergency Operations Controller or the Minister.
(2) The functions of the State Emergency Service are to 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.
s 8: Am 1995 No 91, Sch 2 (1); 2005 No 88, Sch 1 [3] [7]–[10]; 2006 No 94, Sch 3.34 [1]; 2009 No 38, Sch 2; 2009 No 90, Sch 1 [4] [5]; 2012 No 103, Sch 4 [1] [2].
Part 3
The Commissioner and other staff of the Service
Part 3 The Commissioner and other staff of the Service
Part 3 The Commissioner and other staff of the Service
pt 3, hdg: Am 1990 No 108, Sch 1.
9
Commissioner, Deputy Commissioner and other staff
9 Commissioner, Deputy Commissioner and other staff
9 Commissioner, Deputy Commissioner and other staff
(1) A Commissioner, Deputy Commissioner and such other staff as may be necessary for the purposes of this Act are to be employed under Part 4 of the Government Sector Employment Act 2013.
(2) Subsection (1) does not apply to members of SES units.
(3) The Commissioner may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of a Public Service agency or a public or local authority.
(4) For the purposes of this Act, a person whose services are made use of under this section is a member of the staff of the State Emergency Service.
s 9: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [3] [11]; 2015 No 58, Sch 3.82 [2] [3].
9A
9A
9A (Repealed)
10
Ministerial control
10 Ministerial control
10 Ministerial control
The Commissioner, Deputy Commissioner and other members of the State Emergency Service are, in the exercise of their functions under this Act, subject to the control and direction of the Minister.
s 10: Am 1990 No 108, Sch 1.
11
Commissioner responsible for administration of Service
11 Commissioner responsible for administration of Service
11 Commissioner responsible for administration of Service
(1) The Commissioner is responsible for managing and controlling the activities of the State Emergency Service.
(2) The Commissioner, in connection with the exercise of his or her functions under this Act, may use the title “State controller” and the Deputy Commissioner may use the title “Deputy State controller”.
s 11: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [12].
12
Planning and preparation by Commissioner
12 Planning and preparation by Commissioner
12 Planning and preparation by Commissioner
(1) The Commissioner is required to undertake such planning and make such preparations as the Commissioner thinks fit for the purpose of enabling the Commissioner’s functions under this Act to be exercised in the most effective manner.
(2) The Commissioner may constitute committees to collate and assess information, or give advice or assistance to the Commissioner or any other person or agency, in relation to the functions of the State Emergency Service.
(3) The Commissioner is to arrange for the collation, assessment and public dissemination of information relating to floods, storms and tsunamis.
s 12: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [13]; 2009 No 90, Sch 1 [6] [7].
13
Delegation by Commissioner
13 Delegation by Commissioner
13 Delegation by Commissioner
The Commissioner may delegate to the Deputy Commissioner or any other member of the State Emergency Service or to an emergency officer the Commissioner’s functions under this Act, other than this power of delegation.
s 13: Am 1990 No 108, Sch 1; 2009 No 90, Sch 1 [6].
14
Service zones
14 Service zones
14 Service zones
The Commissioner may divide the State into zones for the purposes of this Act.
s 14: Am 1990 No 108, Sch 1. Subst 2005 No 88, Sch 1 [14]. Am 2018 No 59, Sch 4 [2].
Part 4
Emergency officers and SES units
Part 4 Emergency officers and SES units
Part 4 Emergency officers and SES units
pt 4, hdg: Am 2005 No 88, Sch 1 [15].
15
Emergency officers
15 Emergency officers
15 Emergency officers
(1) The Commissioner is an emergency officer for the purposes of this Act.
(2) The Commissioner may appoint any person, or a person belonging to a class of persons, as an emergency officer for the purposes of this Act.
(3) A person may be appointed as an emergency officer whether or not the person is a member of the State Emergency Service.
(4) The Commissioner may revoke an appointment under this section at any time.
(5) The Commissioner is to arrange for suitable training to be provided to emergency officers.
s 15: Am 1990 No 108, Sch 1.
16
Zone commanders
16 Zone commanders
16 Zone commanders
(1) The Commissioner may appoint a member of staff of the State Emergency Service as the zone commander for a zone.
(2) A zone commander is, subject to any direction of the Commissioner, responsible for the control and co-ordination of the activities of SES units in the relevant zone.
(3) The Commissioner may appoint any person to act as a deputy to a zone commander.
(4) The functions of a zone commander may be exercised by his or her deputy during any absence from duty of the zone commander.
s 16: Am 1990 No 108, Sch 1. Subst 2005 No 88, Sch 1 [16]. Am 2018 No 59, Sch 4 [3]–[5].
17
Local commanders
17 Local commanders
17 Local commanders
(1) The Commissioner may, on the recommendation of the council of a local government area, appoint one or more persons as a local commander for the area.
(2) The Commissioner may revoke an appointment under this section at any time and for any reason.
(3) A local commander is, subject to any direction of the Commissioner or the relevant zone commander, responsible for the control and co-ordination of the activities of SES units in the relevant local government area.
(4) The Commissioner may appoint as a local commander an emergency officer not recommended by the council of the local government area concerned if the council fails to make a recommendation which is acceptable to the Commissioner within 30 days after the council is requested to do so by the Commissioner.
(5) The council of a local government area must, within 3 months of the appointment of a local commander for the area, provide (free of charge) suitable training facilities and storage and office accommodation to enable the local commander to exercise his or her functions.
(6) Any such facilities and accommodation are to be of a standard approved by the Commissioner.
s 17: Am 1990 No 108, Sch 1; 2000 No 53, Sch 1.28; 2005 No 88, Sch 1 [3] [17]–[20]; 2018 No 59, Sch 4 [3] [6].
17A
Unit commanders
17A Unit commanders
17A Unit commanders
(1) The Commissioner may appoint any person as the unit commander for an SES unit and may revoke the appointment at any time and for any reason.
(2) A unit commander is, subject to any direction of the Commissioner, the relevant zone commander or the relevant local commander, responsible for the control and co-ordination of the activities of the unit.
(3) In the case of a local government area for which there is only one SES unit, the unit commander for that unit is taken to be the local commander unless a local commander is appointed under section 17 (1).
s 17A: Ins 2005 No 88, Sch 1 [21]. Am 2018 No 59, Sch 4 [3] [6] [7].
17B
Terms of appointment for local and unit commanders
17B Terms of appointment for local and unit commanders
17B Terms of appointment for local and unit commanders
(1) A local commander or unit commander is to be appointed for such term (not exceeding 2 years) as is specified in his or her instrument of appointment, but is, at the end of that term, eligible for re-appointment.
(2) Each local commander and unit commander is subject to an annual review and report to be carried out by the Commissioner.
s 17B: Ins 2005 No 88, Sch 1 [21]. Am 2018 No 59, Sch 4 [6] [7].
17C
Local and unit commander deputies
17C Local and unit commander deputies
17C Local and unit commander deputies
(1) A zone commander may, in consultation with a local commander in the relevant zone, appoint any person to act as a deputy to the local commander.
(2) A zone commander may, in consultation with a unit commander in the relevant zone, appoint any person to act as a deputy to the unit commander.
(3) An appointment made under subsection (1) or (2) may be revoked at any time and for any reason by the zone commander who made the appointment.
(4) The functions of a local commander or unit commander may be exercised by his or her deputy during any absence from duty of the local commander or unit commander.
s 17C: Ins 2005 No 88, Sch 1 [21]. Am 2018 No 59, Sch 4 [3] [5]–[7] .
17D
Zone headquarters unit
17D Zone headquarters unit
17D Zone headquarters unit
(1) The State Emergency Service may make available such of its staff and facilities as the Commissioner considers appropriate to establish a headquarters for a zone.
(2) A zone commander, together with—
(a) the members of staff of the State Emergency Service attached to the headquarters for the zone, and
(b) any volunteers assisting in the running of the headquarters,
may be registered as an SES unit (as a zone headquarters unit) under section 18.
(3) The function of a zone headquarters unit is to assist the zone commander in the exercise of his or her responsibilities.
s 17D: Ins 2005 No 88, Sch 1 [21]. Am 2018 No 59, Sch 4 [3] [4] [8]–[10].
18
SES units
18 SES units
18 SES units
(1) The Commissioner may, by instrument in writing, register a group of persons as an SES unit and assign it a distinctive name.
(1A) The Commissioner may register a group of persons under subsection (1) on his or her own initiative or on the application of an association of persons formed for the purpose of dealing with emergencies to which this Act applies.
(1B) On the registration of an SES unit under subsection (1A), the group of persons or the members of the association are members of the SES unit, subject to section 18AA.
(2) An association of persons may be registered as an SES unit whether or not it is an incorporated body.
(3) The Commissioner may, by instrument in writing, revoke the registration of an association as an SES unit.
(5) The trustees of any real or personal property of an SES unit may vest that property in the Crown, to be held by the Crown subject to this Act but free from any other trust.
s 18: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [3] [22].
18AA
Granting, suspension and withdrawal of membership of SES units
18AA Granting, suspension and withdrawal of membership of SES units
18AA Granting, suspension and withdrawal of membership of SES units
(1) Membership of an SES unit may be granted, suspended or withdrawn by any of the following—
(a) the Commissioner,
(b) a zone commander, local commander or unit commander responsible for the SES unit.
(2) Membership of an SES unit may be withdrawn at any time and for any reason.
(3) Membership of an SES unit may be suspended at any time, but only for the purposes of conducting an investigation into—
(a) the member’s alleged offence against any law, or
(b) the member’s alleged contravention of, or failure to comply with, the procedures or instructions of the State Emergency Service.
(4) A person whose membership of an SES unit is withdrawn may—
(a) if the membership was withdrawn by the Commissioner—apply to the Commissioner to reconsider that action, or
(b) if the membership was withdrawn by a zone commander, local commander or unit commander—appeal to the Commissioner against that action.
(5) On an application or an appeal being made by a person under subsection (4), the Commissioner may—
(a) reinstate the person’s membership, or
(b) confirm the withdrawal of the person’s membership.
(6) The procedures for—
(a) suspending or withdrawing membership of an SES unit, and
(b) appealing against the withdrawal of membership of an SES unit,
are to be as set out in the procedure manuals maintained by the State Emergency Service.
(7) This section has effect despite any other law relating to membership of an association that is an SES unit.
s 18AA: Ins 2005 No 88, Sch 1 [23]. Am 2018 No 59, Sch 4 [3] [6] [7].
Part 5
Emergencies and emergency powers
Part 5 Emergencies and emergency powers
Part 5 Emergencies and emergency powers
18A
Definitions
18A Definitions
18A Definitions
In this Part—
emergency area means the area affected by an emergency to which this Part applies.
premises includes land, place, building, vehicle, vessel or aircraft, or any part of premises.
senior emergency officer means any of the following—
(a) a police officer of or above the rank of sergeant or a police officer for the time being in charge of a police station,
(b) an officer of Fire and Rescue NSW of or above the position of station commander,
(c) an officer of the State Emergency Service of or above the position of unit commander,
(d) a member of a rural fire brigade of or above the position of deputy captain,
(e) a Regional Emergency Management Officer.
s 18A: Ins 1995 No 91, Sch 2 (2). Am 2005 No 88, Sch 1 [24] [25]; 2012 No 103, Sch 4 [3] [4]; 2018 No 59, Sch 4 [7].
19
Emergencies to which Part applies
19 Emergencies to which Part applies
19 Emergencies to which Part applies
This Part applies to—
(a) an emergency referred to in section 8 (1) (a), (b) or (c) relating to a flood, storm or tsunami, or
(b) an emergency referred to in section 8 (1) (d) which the State Emergency Operations Controller has directed the Commissioner to deal with.
s 19: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [26] [27]; 2009 No 90, Sch 1 [8].
Duty to recognise authority of Commissioner and emergency officers
21 Duty to recognise authority of Commissioner and emergency officers
21 Duty to recognise authority of Commissioner and emergency officers
(1) Every member of the NSW Police Force and all other members of emergency services organisations are to recognise, in connection with operations in response to an emergency to which this Part applies, the authority of the Commissioner and emergency officers acting under the Commissioner’s orders or the orders of the zone commander or local commander.
(2) It is the duty of every such member to assist the Commissioner or other emergency officer in connection with those operations.
s 21: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [28] [29]; 2006 No 94, Sch 3.34 [2]; 2009 No 90, Sch 1 [6]; 2018 No 59, Sch 4 [3] [6].
22
Power to evacuate or to take other steps concerning persons
22 Power to evacuate or to take other steps concerning persons
22 Power to evacuate or to take other steps concerning persons
(1) The Commissioner may, if satisfied that it is necessary or convenient to do so for the purpose of responding to an emergency to which this Part applies, direct, or authorise an emergency officer to direct, a person to do any or all of the following—
(a) to leave any particular premises and to move out of an emergency area or any part of an emergency area,
(b) to take any children or adults present in any particular premises who are in the person’s care and to move them outside the emergency area or any part of the emergency area,
(c) not to enter the emergency area or any part of the emergency area.
(2) If the person does not comply with the direction, an emergency officer may do all such things as are reasonably necessary to ensure compliance with it, using such force as is reasonably necessary in the circumstances.
(3) The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.
(4) (Repealed)
s 22: Am 1990 No 108, Sch 1; 1995 No 91, Sch 2 (3).
22A
Power to take other safety measures
22A Power to take other safety measures
22A Power to take other safety measures
(1) The Commissioner may, if satisfied that there are reasonable grounds for doing so for the purpose of protecting persons from injury or death or protecting property threatened by an actual or imminent emergency, direct, or authorise a senior emergency officer to direct, the doing of any one or more of the following—
(a) the shutting off or disconnecting of the supply of any water, gas, liquid, solid, grain, powder or other substance in or from any main, pipeline, container or storage facility in an emergency area or any part of an emergency area,
(b) the shutting off or disconnecting of the supply of gas or electricity to any premises in an emergency area or any part of an emergency area,
(c) the taking possession of, and removal or destruction of any material or thing in an emergency area or any part of an emergency area that may be dangerous to life or property or that may interfere with the response of emergency services to the emergency.
(2) For the purposes of the exercise of a function under subsection (1) (a), the Commissioner or a senior emergency officer authorised by the Commissioner may require the person who controls or supplies the substance concerned to immediately send some competent person to the scene for the purpose of shutting it off or disconnecting it in accordance with the reasonable directions of the Commissioner or senior emergency officer.
(3) A person must comply with a requirement, or directions, under subsection (2).
Maximum penalty—50 penalty units.
(4) A person who supplies a substance referred to in subsection (1) (a) or (b) is not liable for any damages because of any interruption of that supply under this section if the supply is shut off or disconnected in accordance with the directions of the Commissioner or senior emergency officer.
(5) The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.
ss 22A–22F: Ins 1995 No 91, Sch 2 (4).
22B
Power to enter premises
22B Power to enter premises
22B Power to enter premises
A person may enter any premises for the purposes of complying with a direction under section 22A (1).
ss 22A–22F: Ins 1995 No 91, Sch 2 (4).
22C
Notice of entry
22C Notice of entry
22C Notice of entry
(1) A person authorised to enter premises may enter the premises without giving notice—
(a) if entry to the premises is made with the consent of the owner or occupier, or
(b) if the entry is made to a part of the premises that is open to the public, or
(c) if entry is required urgently and the case is one in which the Commissioner or senior emergency officer giving the direction has authorised in writing (either generally or in a particular case) entry without notice.
(2) In any other case, the person must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.
ss 22A–22F: Ins 1995 No 91, Sch 2 (4).
22D
Care to be taken
22D Care to be taken
22D Care to be taken
In the exercise of a function under section 22A, a person authorised to enter premises must do as little damage as possible.
ss 22A–22F: Ins 1995 No 91, Sch 2 (4).
22E
Use of force
22E Use of force
22E Use of force
(1) Reasonable force may be used for the purpose of gaining entry to premises to comply with a direction under section 22A but only if the Commissioner or the senior emergency officer giving the direction—
(a) has authorised in writing the use of force in the particular case, or
(b) has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances.
(2) If a person authorised to enter premises uses force to do so, the person must, as soon as practicable, inform the person who directed him or her to exercise the function under section 22A.
(3) The person so informed of the use of force must give notice of the use of force to such persons or authorities as appear to the person to be appropriate in the circumstances.
(4) If a person’s property is damaged by the exercise of a right of entry, the person is to receive such compensation as may be determined by the Minister or, if the damage arose as the result of the exercise of a right of entry by a police officer, the Minister for Police, but is not entitled to receive compensation.
(5) A person may apply to the Premier for a review of a determination as to compensation made by the Minister or the Minister for Police under this section.
ss 22A–22F: Ins 1995 No 91, Sch 2 (4).
22F
Authority to enter premises
22F Authority to enter premises
22F Authority to enter premises
(1) A power to enter premises, or to take action on premises, may not be exercised unless the person proposing to exercise the power is in possession of an authority and produces the authority if required to do so by the owner or occupier of the premises.
(2) The authority must be a written authority that—
(a) states that it is issued under this Act, and
(b) gives the name of the person to whom it is issued, and
(c) describes the nature of the powers conferred and the source of the powers, and
(d) states the date (if any) on which it expires, and
(e) describes the kind of premises to which the power extends, and
(f) bears the signature of the Commissioner or the senior emergency officer who issued the direction under section 22A.
(3) However, despite subsections (1) and (2), a police officer exercising a power to enter premises, or to take action on premises, must produce his or her warrant card if required to do so by the owner or occupier of the premises in lieu of an authority.
ss 22A–22F: Ins 1995 No 91, Sch 2 (4).
23
Arrangements for inter-State co-operation in emergencies
23 Arrangements for inter-State co-operation in emergencies
23 Arrangements for inter-State co-operation in emergencies
(1) The Commissioner may make arrangements with any agency which manages or controls inter-State SES units—
(a) for those units to carry out operations in New South Wales in response to emergencies to which this Part applies, and
(b) for SES units under this Act to carry out similar operations outside New South Wales.
(2) An inter-State SES unit carrying out operations in New South Wales in accordance with any such arrangement is to be regarded as an SES unit under this Act.
(2A) The Commissioner may make arrangements with an appropriate agency of a State or Territory that does not operate or manage an inter-State SES unit for SES units under this Act to carry out operations in that State or Territory in response to emergencies to which this Part applies.
(3) In this section, inter-State SES unit means a unit established and operating in another State or in a Territory of the Commonwealth.
s 23: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [3] [30] [31].
24
24
24 (Repealed)
Part 5A
Contribution to State Emergency Service costs
Part 5A Contribution to State Emergency Service costs
Part 5A Contribution to State Emergency Service costs
pt 5A: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1].
Division 1
Preliminary
Division 1 Preliminary
Division 1 Preliminary
pt 5A, div 1: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1].
24A
Definitions
24A Definitions
24A Definitions
In this Part—
assessment notice means an assessment notice given to a local council under section 24K.
financial year means the period of 12 months starting on 1 July in a year.
Fund means the New South Wales State Emergency Service Fund established under section 24V (1).
SES contribution means an amount payable under this Part for a financial year by a local council.
SES contribution instalment—see section 24IA.
SES expenditure, in relation to a financial year, means the total of—
(a) expenditure incurred during the year in the exercise of the State Emergency Service’s functions, and
(b) (Repealed)
(c) expenditure incurred during the year in respect of the administrative costs of the State Emergency Service, the Consultative Council or the Minister under the authority of this Act.
s 24A: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]. Am 2010 No 26, Sch 1 [2]; 2017 No 9, Sch 4.7 [1]–[4].
Division 2
SES funding target
Division 2 SES funding target
Division 2 SES funding target
pt 5A, div 2, hdg: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [5].
pt 5A, div 2: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1].
24B
SES funding target
24B SES funding target
24B SES funding target
(1) Before 31 March in each year or a later date agreed to by the Treasurer, the Minister must—
(a) prepare and, subject to the Treasurer’s agreement, adopt a funding target for the State Emergency Service for the next financial year (the SES funding target), and
(b) prepare and adopt an estimate of the amount of the SES funding target applicable to the area of each local council for the next financial year.
(2) The Minister is to calculate the SES funding target for the financial year using the following formula—
where—
FTt is the SES funding target for the financial year (represented by “t”).
EEt is the estimated SES expenditure for the financial year.
AEt-2 is the actual SES expenditure for the financial year that commenced 2 years before the period “t” (represented as “t-2”).
EEt-2 is the estimated SES expenditure for the financial year that commenced 2 years before the period “t” (represented as “t-2”).
(3) To avoid doubt, if AEt-2−EEt-2 is a negative amount, that amount is subtracted from EEt.
(4) The estimate of SES expenditure for a financial year is to be reduced, as necessary, by the amount it is estimated will be paid to the Fund for the financial year (other than from contributions made by the Treasurer).
(5) The actual SES expenditure for a financial year is to be reduced, as necessary, by the amount paid to the Fund for the financial year (other than from contributions made by the Treasurer).
(6) Without limiting subsections (4) and (5), the Minister may, with the Treasurer’s agreement, decide that adjustments are not to be made to the SES funding target in respect of—
(a) certain money paid into the Fund, or
(b) certain amounts it is estimated will be paid to the State Emergency Service for the financial year.
(7) In determining the amount of the SES funding target for each local council area, the Minister may apportion the total estimated expenditure between local council areas in the way the Minister thinks fit.
s 24B: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [6].
24C
Local councils to give information to Commissioner
24C Local councils to give information to Commissioner
24C Local councils to give information to Commissioner
To enable the Minister to prepare the SES funding target, a local council must, at the times and in the way required by the Commissioner, give the Commissioner any of the following information required by the Commissioner—
(a) information relating to the State Emergency Service, SES units or emergency officers,
(b) information relating to the equipment of the State Emergency Service,
(c) information about any other matter relating to the organisation of the State Emergency Service.
s 24C: Ins 2008 No 122, Sch 6.3 [1]. Am 2009 No 90, Sch 1 [9]. Subst 2009 No 84, Sch 1.4 [1]. Am 2017 No 9, Sch 4.7 [7].
24D
Commissioner to assist
24D Commissioner to assist
24D Commissioner to assist
(1) To assist the Minister in preparing and adopting the SES funding target for a financial year, the Commissioner must prepare and give to the Minister a written report and recommendations about SES expenditure for the year.
(2) The Minister must consider the Commissioner’s report and recommendations in preparing the estimates.
s 24D: Ins 2008 No 122, Sch 6.3 [1]. Am 2009 No 90, Sch 1 [9]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [8].
Division 3
Treasurer to contribute to Fund
Division 3 Treasurer to contribute to Fund
Division 3 Treasurer to contribute to Fund
pt 5A, div 3: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [9].
24E
Treasurer to pay contributions
24E Treasurer to pay contributions
24E Treasurer to pay contributions
(1) The Treasurer is to pay an annual contribution to the Fund for each financial year.
(2) The annual contribution payable is the SES funding amount.
(3) The Treasurer may direct the payment of additional contributions to the Fund, subject to any terms and conditions approved by the Treasurer.
(4) The annual contribution, and any additional contributions, are to be paid out of money provided by Parliament.
s 24E: Ins 2008 No 122, Sch 6.3 [1]. Am 2009 No 90, Sch 1 [9]; 2010 No 46, Sch 2.4 [1]. Subst 2017 No 9, Sch 4.7 [9].
24F
Contribution payable in instalments
24F Contribution payable in instalments
24F Contribution payable in instalments
The annual contribution is to be paid by the Treasurer in instalments on or before the following dates—
(a) 1 August,
(b) 1 October,
(c) 1 January,
(d) 1 April.
s 24F: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [9].
24G
SES funding amount
24G SES funding amount
24G SES funding amount
(1) As soon as practicable after the commencement of each financial year, the Minister must prepare and, subject to the Treasurer’s agreement, adopt an update of SES funding for the financial year (the SES funding amount).
(2) The SES funding amount is the estimated SES expenditure for the financial year (that is, EEt in the SES funding target for the financial year), adjusted and updated in accordance with this section.
(3) Estimated SES expenditure is to be adjusted for the purposes of the SES funding amount so that the estimate—
(a) is reduced or increased, as appropriate, for any difference between the estimate of SES expenditure for the financial year, as adopted in the SES funding target, and an updated estimate of that amount, and
(b) is reduced or increased, as appropriate, for any difference between the SES funding amount for the previous financial year and the actual amount of SES expenditure for that financial year.
(4) Without limiting subsection (3), the Minister may, with the Treasurer’s agreement, decide that adjustments are not to be made to the SES funding amount in respect of—
(a) any surplus in the Fund at the end of the previous financial year, or
(b) certain money paid into the Fund, or
(c) certain amounts it is estimated will be paid to the State Emergency Service for the financial year.
(5) An adjustment to the estimated SES expenditure that is made under this section has no effect on, and is not to be used in the calculation of, the SES funding target for a financial year.
s 24G: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]. Am 2010 No 46, Sch 2.4 [2]. Subst 2017 No 9, Sch 4.7 [9].
Division 4
Local councils to pay SES contribution
Division 4 Local councils to pay SES contribution
Division 4 Local councils to pay SES contribution
pt 5A, div 4: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [9].
24H
Council to pay SES contribution
24H Council to pay SES contribution
24H Council to pay SES contribution
A local council is to pay to the State Revenue Commissioner a SES contribution for each financial year.
s 24H: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [9].
24I
Amount of contribution
24I Amount of contribution
24I Amount of contribution
(1) The amount of the SES contribution is the amount determined by the Minister for each local council.
(2) The Minister is to determine the contribution payable by a local council on the basis of the SES funding target for each local council area.
(3) The contribution payable by local councils for each local council area is 11.7% of the SES funding target applicable to the area.
(4) A local council or an officer of a local council must, if asked by the Minister, give the Minister any document or information required by the Minister to determine the local council’s SES contribution.
s 24I: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [9].
24IA
Contribution payable in instalments
24IA Contribution payable in instalments
24IA Contribution payable in instalments
A SES contribution payable by a local council for a financial year is payable in 4 instalments (each of which is a SES contribution instalment).
s 24IA: Ins 2017 No 9, Sch 4.7 [9].
24IB
Minister to advise State Revenue Commissioner
24IB Minister to advise State Revenue Commissioner
24IB Minister to advise State Revenue Commissioner
The Minister is to advise the State Revenue Commissioner, by the date of 15 April that occurs immediately before the commencement of a financial year, of—
(a) the amount of the SES contribution payable by each local council for the financial year, and
(b) the amount of the SES contribution instalments payable by each local council.
s 24IB: Ins 2017 No 9, Sch 4.7 [9].
Division 5
Payment of contributions by local councils
Division 5 Payment of contributions by local councils
Division 5 Payment of contributions by local councils
pt 5A, div 5, hdg: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [10].
pt 5A, div 5: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1].
24J
When instalments are to be paid
24J When instalments are to be paid
24J When instalments are to be paid
A local council must, in accordance with an instalment notice given to the council by the State Revenue Commissioner, pay to the State Revenue Commissioner a SES contribution instalment on or before each of the following days in a financial year—
(a) 30 September,
(b) 31 December,
(c) 31 March,
(d) 30 June.
s 24J: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [11].
24K
Annual assessment notice
24K Annual assessment notice
24K Annual assessment notice
(1) The State Revenue Commissioner must give to each local council that is required to pay a SES contribution for a financial year an assessment notice that sets out the amount of the SES contribution payable by the local council for that year.
(2) The assessment notice must be given to the local council by 30 April in the year before the financial year for which the SES contribution is payable.
s 24K: Ins 2008 No 122, Sch 6.3 [1]. Am 2009 No 90, Sch 1 [9]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [12].
24L
Instalment notices
24L Instalment notices
24L Instalment notices
The State Revenue Commissioner must give to each local council that is required to pay a SES contribution instalment a written notice (an instalment notice) that specifies—
(a) the amount of the SES contribution instalment payable under the instalment notice, and
(b) the date by which the SES contribution instalment is payable.
s 24L: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]; 2017 No 9, Sch 4.7 [12].
24LA
SES contribution is debt payable to State Revenue Commissioner
24LA SES contribution is debt payable to State Revenue Commissioner
24LA SES contribution is debt payable to State Revenue Commissioner
(1) If the whole or part of a SES contribution payable by a local council is not paid to the State Revenue Commissioner as required, the unpaid amount is recoverable by the State Revenue Commissioner as a debt in a court of competent jurisdiction.
(2) The applied provisions of the Taxation Administration Act 1996 apply in relation to the SES contribution payable by a local council under this Act as if Part 5A of this Act were a taxation law and the contribution were a tax payable by a council under a taxation law.
(b) sections 50 and 55 (which prohibit the giving of false and misleading information),
(c) Division 1 (Tax officers), Division 2 (Investigation) and Division 3 (Secrecy) of Part 9,
(d) sections 114, 115, 116, 118, 119 and 120,
(e) any provisions that are relevant to the interpretation of the above provisions.
(4) The applied provisions apply to an assessment made by the State Revenue Commissioner under this Act in the same way as they apply to an assessment under that Act.
(5) To avoid doubt, Part 10 of the Taxation Administration Act 1996 does not apply to a SES contribution or to the exercise of any of the State Revenue Commissioner’s functions in respect of SES contributions (including under the applied provisions of the Taxation Administration Act 1996).
s 24LA: Ins 2017 No 9, Sch 4.7 [12].
24M
How contribution is to be funded
24M How contribution is to be funded
24M How contribution is to be funded
(1) The SES contribution payable by a local council is to be paid out of the council’s consolidated fund.
(2) Funds of a local council derived from donations and other voluntary contributions made for the purposes of this Act may not be used towards the payment of SES contributions by the local council unless approved by the Minister.
s 24M: Ins 2008 No 122, Sch 6.3 [1]. Am 2009 No 56, Sch 4.66; 2009 No 90, Sch 1 [9]. Subst 2009 No 84, Sch 1.4 [1]. Am 2017 No 9, Sch 4.7 [13].
Division 6
Division 6
Division 6
24N–24U (Repealed)
pt 5A, div 6: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]. Rep 2017 No 9, Sch 4.7 [14].
s 24N: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]. Rep 2017 No 9, Sch 4.7 [14].
ss 24O–24R: Ins 2008 No 122, Sch 6.3 [1]. Am 2009 No 90, Sch 1 [9]. Subst 2009 No 84, Sch 1.4 [1]. Rep 2017 No 9, Sch 4.7 [14].
s 24S: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]. Rep 2017 No 9, Sch 4.7 [14].
s 24T: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]. Rep 2017 No 9, Sch 4.7 [14].
s 24U: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1]. Rep 2017 No 9, Sch 4.7 [14].
Division 7
Administration of Funds
Division 7 Administration of Funds
Division 7 Administration of Funds
pt 5A, div 7: Ins 2008 No 122, Sch 6.3 [1]. Subst 2009 No 84, Sch 1.4 [1].
24V
New South Wales State Emergency Service Fund
24V New South Wales State Emergency Service Fund
24V New South Wales State Emergency Service Fund
(1) There is to be established in the Special Deposits Account in the Treasury a New South Wales State Emergency Service Fund.
(2) (Repealed)
(3) There is to be paid into the Fund—
(a) all contributions payable by the Treasurer under this Part, and
(b) any other money appropriated by Parliament for payment into the Fund, and
(c) the proceeds of investment of money in the Fund, and
(d) any other money required by law to be paid into the Fund.
(4) (Repealed)
(5) Payments may be made from the Fund—
(a) to assist in meeting the costs of SES expenditure, and
(b) as otherwise directed or permitted by or under this Act or another Act.
(6) Payments may be made from the Fund, with the Treasurer’s agreement, as directed or permitted by or under this Act or another Act.
s 24V: Ins 2008 No 122, Sch 6.3 [1]. Am 2009 No 90, Sch 1 [9]. Subst 2009 No 84, Sch 1.4 [1]. Am 2017 No 9, Sch 4.7 [15]–[17].
24W
24W
24W (Repealed)
24X
Disposal by local councils of equipment purchased from Fund
24X Disposal by local councils of equipment purchased from Fund
24X Disposal by local councils of equipment purchased from Fund
(1) A local council must not sell or dispose of any equipment purchased or constructed wholly or partly from money to the credit of the Fund without the written consent of the Commissioner.
(2) There is to be paid to the credit of the Fund—
(a) if the whole of the cost of the purchase or construction of any equipment was met by money to the credit of the Fund—
(i) an amount equal to the proceeds of sale of any such equipment, and
(ii) any amount recovered (whether under a policy of insurance or otherwise) in respect of the damage to, or destruction or loss of, any such equipment, and
(b) if a part only of the cost of the purchase or construction of any equipment was met by money to the credit of the Fund—an amount that bears to the amount that would be required by this subsection to be paid if the whole of that cost had been met by money to the credit of the Fund the same proportion as that part of the cost bears to the whole of that cost.
ss 24X: Ins 2009 No 84, Sch 1.4 [1].
Division 8
Miscellaneous
Division 8 Miscellaneous
Division 8 Miscellaneous
pt 5A, div 8: Ins 2009 No 84, Sch 1.4 [1].
24Y
Certificate evidence
24Y Certificate evidence
24Y Certificate evidence
A certificate signed by the Minister that states any of the following matters is admissible in proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate—
(a) the SES funding target, as adopted by the Minister under this Part,
(b) the SES funding target applicable to a local council area, as adopted by the Minister under this Part,
(c) the amount of the SES contribution determined by the Minister for a specified local council for the financial year.
s 24Y: Ins 2009 No 84, Sch 1.4 [1]. Subst 2017 No 9, Sch 4.7 [19].
Part 5B
SES Volunteer Joint Consultative Council
Part 5B SES Volunteer Joint Consultative Council
Part 5B SES Volunteer Joint Consultative Council
pt 5B: Ins 2010 No 26, Sch 1 [3].
24Z
Establishment of SES Volunteer Joint Consultative Council
24Z Establishment of SES Volunteer Joint Consultative Council
24Z Establishment of SES Volunteer Joint Consultative Council
There is established by this Act an SES Volunteer Joint Consultative Council.
s 24Z: Ins 2010 No 26, Sch 1 [3].
24ZA
Membership and procedure of Consultative Council
24ZA Membership and procedure of Consultative Council
24ZA Membership and procedure of Consultative Council
(1) The Consultative Council is to consist of 7 members as follows—
(a) the Commissioner, who is to be the Chair of the Council,
(b) 3 persons, who are to be members of staff of the State Emergency Service, appointed by the Minister on the recommendation of the Commissioner,
(c) the President of the New South Wales State Emergency Service Volunteers Association Ltd,
(d) 2 persons appointed by the Minister on the recommendation of the New South Wales State Emergency Service Volunteers Association Ltd, one of whom is to be a volunteer officer who is a deputy to a zone commander or is a local commander or unit commander.
(2) Schedule 3 contains provisions relating to members and procedure of the Consultative Council.
s 24ZA: Ins 2010 No 26, Sch 1 [3]. Am 2018 No 25, Sch 5.37 [1]; 2018 No 59, Sch 4 [3] [6] [7].
24ZB
Functions of the Consultative Council
24ZB Functions of the Consultative Council
24ZB Functions of the Consultative Council
(1) The Consultative Council has the following functions—
(a) to advise and report to the Commissioner on any matter relevant to volunteer members of SES units,
(b) such other functions as may be conferred or imposed on it by or under this or any other Act.
(2) The Consultative Council may give advice and make reports whether or not the advice or reports were requested.
s 24ZB: Ins 2010 No 26, Sch 1 [3].
24ZC
Reporting requirement
24ZC Reporting requirement
24ZC Reporting requirement
The following are to be included in the annual reporting information prepared for the State Emergency Service under the Government Sector Finance Act 2018 for each annual reporting period for the Service—
(a) the names of each member of the Consultative Council holding office during the annual reporting period,
(b) the period of the annual reporting period during which the member held office,
(c) a record of the attendance of those members at any meeting of the Consultative Council held during the annual reporting period.
s 24ZC: Ins 2010 No 26, Sch 1 [3]. Am 2018 No 70, Sch 4.93.
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
25
Personal liability of members of Service and Consultative Council and volunteers
25 Personal liability of members of Service and Consultative Council and volunteers
25 Personal liability of members of Service and Consultative Council and volunteers
(1) A matter or thing done by—
(a) a member of the State Emergency Service, including a member of an SES unit, or
(b) an emergency officer, or
(c) a casual volunteer, or
(d) a member of the Consultative Council,
does not, if the matter or thing was done in good faith for the purpose of exercising the functions of or assisting the State Emergency Service or the Consultative Council, subject the member, officer or volunteer personally to any action, liability, claim or demand.
(2) In this section—
casual volunteer means a person who, with the consent of the member or officer, assists a member of the State Emergency Service or an emergency officer in the exercise of the Service’s functions.
s 25: Am 2005 No 88, Sch 1 [3]; 2010 No 26, Sch 1 [4] [5].
25A
Certain damage to be covered by insurance
25A Certain damage to be covered by insurance
25A Certain damage to be covered by insurance
(1) Any damage to property caused by the exercise in good faith of functions under section 22A (1) by—
(a) the Commissioner or a senior emergency officer authorised by the Commissioner during an emergency to which Part 5 applies, or
(b) a person acting on and in accordance with a direction given by the Commissioner or a senior emergency officer authorised by the Commissioner under section 22A (1) during an emergency to which Part 5 applies, is taken to be damage by the happening that constitutes the emergency (being flood, storm, tsunami or other risk, contingency or event) for the purposes of any policy of insurance against the risk, contingency or event concerning an act or omission that covers the property.
(2) This section applies only in respect of damage to property caused in the exercise of a function to protect persons from injury or death or property from damage if those persons are, or the property is, endangered by the happening that constitutes the emergency or endangered by the escape or likely escape of hazardous material as the result of that happening.
(3) Any provision, stipulation, covenant or condition in any agreement that negatives, limits or modifies or purports to negative, limit or modify the operation of this section is void and of no effect.
(4) In this section, hazardous material means anything that, when produced, stored, moved, used or otherwise dealt with without adequate safeguards to prevent it from escaping, may cause injury or death or damage to property.
s 25A: Ins 1995 No 91, Sch 2 (5). Am 2005 No 88, Sch 1 [32]; 2009 No 90, Sch 1 [10].
26
This Act not to limit other Acts or laws
26 This Act not to limit other Acts or laws
26 This Act not to limit other Acts or laws
This Act does not limit the operation of any other Act or law.
27
Service of documents
27 Service of documents
27 Service of documents
(1) A document may be served on the Commissioner by leaving it at, or by sending it by post to, the office of the Commissioner.
(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the Commissioner in a manner not provided for by this section.
s 27: Am 1990 No 108, Sch 1.
28
Proceedings for offences
28 Proceedings for offences
28 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
s 28: Am 2007 No 94, Sch 4.
28A
Donations of financial or material support
28A Donations of financial or material support
28A Donations of financial or material support
(1) The unit commander of an SES unit must keep written records of any donations of financial or material support provided to the unit.
(2) A copy of those records is to be furnished to the Commissioner immediately on request by the Commissioner.
s 28A: Ins 2005 No 88, Sch 1 [33]. Am 2018 No 59, Sch 4 [7].
29
Regulations
29 Regulations
29 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision for or with respect to—
(a) the exercise of the functions of an emergency officer, and
(b) the formation, amalgamation and dissolution of SES units and the exercise of their functions.
(3) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.
s 29: Am 2005 No 88, Sch 1 [3].
30
Savings, transitional and other provisions
30 Savings, transitional and other provisions
30 Savings, transitional and other provisions
Schedule 1 has effect.
31
Repeal of State Emergency Services and Civil Defence Act 1972 and regulations
31 Repeal of State Emergency Services and Civil Defence Act 1972 and regulations
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
(Section 30)
sch 1: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [34]–[36]; 2008 No 122, Sch 6.3 [2] [3]; 2009 No 84, Sch 1.4 [2]; 2009 No 90, Sch 1 [11] [12]; 2010 No 26, Sch 1 [6]; 2017 No 9, Sch 4.7 [20] [21].
Schedule 2
Schedule 2
Schedule 2 (Repealed)
sch 2: Ins 2008 No 122, Sch 6.3 [4]. Am 2009 No 84, Sch 1.4 [3]. Rep 2017 No 9, Sch 4.7 [22].
Schedule 3
Constitution and procedure of Consultative Council
Schedule 3 Constitution and procedure of Consultative Council
Schedule 3 Constitution and procedure of Consultative Council
(Section 24ZA)
sch 3: Ins 2010 No 26, Sch 1 [7]. Am 2015 No 58, Sch 3.82 [5] [6]; 2018 No 25, Sch 5.37 [2].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the State Emergency Service Act 1989.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
Commissioner means the person employed in the Public Service as the Commissioner of the State Emergency Service.
Consultative Council means the SES Volunteer Joint Consultative Council.
Deputy Commissioner means the person employed in the Public Service as the Deputy Commissioner of the State Emergency Service.
emergency officer means the Commissioner or a person appointed under section 15 as an emergency officer.
exercise a function includes perform a duty.
function includes a power, authority or duty.
local commander means a commander of SES units in a local government area appointed under section 17.
SES unit means an organisation registered as an SES unit under section 18.
State Emergency Service means the NSW State Emergency Service established under this Act.
unit commander means a commander of an SES unit appointed under section 17A.
zone means a zone established under section 14.
zone commander means the commander appointed under section 16 for SES units in a zone.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Words and expressions in this Act have the same meanings as in the State Emergency and Rescue Management Act 1989, except in so far as the context or subject-matter otherwise indicates or requires.
(3) Notes included in this Act do not form part of this Act.
s 3: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [1]–[4]; 2009 No 90, Sch 1 [1] [2]; 2010 No 26, Sch 1 [1]; 2012 No 95, Sch 1.18 [1]; 2015 No 58, Sch 3.82 [1]; 2018 No 59, Sch 4 [1].
Establishes Part 5A: a funding regime that requires the Minister to set an SES funding target annually, requires the Treasurer to pay an SES funding amount into the NSW State Emergency Service Fund, and requires local councils to pay a determined SES contribution (ss 24B, 24E, 24V, 24H, 24I). The contribution for each council is 11.7% of the SES funding target applicable to the council’s area (s 24I(3)). The State Revenue Commissioner issues assessment and instalment notices and enforces unpaid contributions (ss 24K-24L, 24LA).
Creates a Consultative Council of seven members to advise the Commissioner on volunteer matters and sets out procedural rules in Schedule 3 (ss 24Z-24ZC; Sch 3).
The Act also contains protective and administrative provisions: protection from personal liability for acts done in good faith (s 25), insurance treatment for certain damage caused while exercising safety powers (s 25A), restrictions on disposal of equipment purchased from the Fund (s 24X), record-keeping for donations to units (s 28A) and rules for service of documents and proceedings for offences (ss 27-28). Several transitional and amendment provisions are included in schedules and later Parts (Schedule 1; Parts 4-6), including provisions dealing with the final years of an earlier insurance-based scheme and insurer returns and assessments (Part 6, cls 15-19).
Main concepts
This Act organises several recurring legal concepts. Definitions and cross-references are in s 3 and in specific Parts; many operative meanings are tied to other Acts the text expressly invokes (notably the State Emergency and Rescue Management Act 1989 and the Taxation Administration Act 1996).
Key concepts defined or used throughout:
State Emergency Service / Service: the statutory body composed of employed staff (Commissioner, Deputy Commissioner, other staff) and volunteer officers and members of SES units (s 7).
Commissioner and emergency officer: Commissioner is head and an emergency officer; Commissioner may appoint other emergency officers (s 3; s 15). Emergency officer is a defined operative role for exercising powers in emergencies (s 3; s 15(1)-(3)).
SES unit and unit registration: groups of persons may be registered as SES units by instrument of the Commissioner; associations may be registered whether incorporated or not (s 18(1)-(2)). Membership may be granted, suspended or withdrawn by the Commissioner or relevant commanders (s 18AA).
Zones, zone/ local/ unit commanders: Commissioner may divide the State into zones (s 14), appoint zone commanders (s 16), local commanders on local council recommendation (s 17), unit commanders (s 17A) and deputies (s 17C). Terms of appointment and annual review are mandated for local and unit commanders (s 17B).
Emergency powers and emergency area: Part 5 defines emergency area, senior emergency officer and limits the Part to emergencies listed in s 19 (flood, storm, tsunami or other directed emergencies). The Commissioner has overall control subject to the State Emergency and Rescue Management Act 1989 (s 20).
Evacuation and exclusion powers: Commissioner may direct persons to leave premises, evacuate an emergency area or not to enter (s 22). Non-compliance allows an emergency officer to use reasonable force to secure compliance (s 22(2)).
Safety measures and property powers: Commissioner or authorised senior emergency officer may direct shutting off supplies, disconnecting utilities, taking possession, removal or destruction of dangerous materials (s 22A). The Act imposes obligations on suppliers to provide competent persons on request and creates a 50 penalty unit offence for failure to comply with such requirements (s 22A(2)-(3)). Entry powers and conditions (notice, authority, use of force, care and compensation) are detailed in ss 22B-22F.
Funding architecture (Part 5A): the Minister must adopt an SES funding target (s 24B) and later a SES funding amount (s 24G); the Treasurer pays the SES funding amount into the NSW State Emergency Service Fund (s 24E; s 24V). Local councils must pay SES contributions determined by the Minister on the basis of the funding target; the contribution for each council is 11.7% of its applicable funding target (s 24I(1)-(3)). The State Revenue Commissioner administers notices and recovers unpaid contributions (ss 24H, 24K-24L, 24LA).
Evidentiary and administrative devices: certificates by the Minister or Commissioner are prima facie proof in proceedings (ss 24Y; 20). The Taxation Administration Act 1996’s specified provisions are applied for collection, investigation, secrecy and interest in relation to SES contributions (s 24LA(2)-(4)).
The Act repeatedly ties exercise of functions to other legal instruments: the State Emergency and Rescue Management Act 1989 governs certain operational aspects (s 8(2); s 20), the Government Sector Employment Act 2013 governs employment of Commissioner and staff (s 9(1)), and the Taxation Administration Act 1996 is applied to collection and enforcement of the SES contributions (s 24LA). The Act also contains explicit savings, transitional and repeal provisions in Schedule 1 and the later Parts that document insertions, repeals and transitional rules (Schedule 1; Parts 3-6).
Who it affects
The Act affects public employees, volunteers, local government, insurers (in transitional provisions), owners of property subject to foreign insurance, certain suppliers and operators of utilities, other emergency services and the courts. The principal affected actors are identifiable and their duties or liabilities are specified in the text.
Primary bodies and persons:
Commissioner, Deputy Commissioner and staff: employed under Government Sector Employment Act 2013; Commissioner is the operational head with managerial and planning duties (s 9(1); s 11; s 12). The Commissioner has delegation power (s 13) and control under the Minister (s 10).
Emergency officers and senior emergency officers: the Commissioner and those appointed under s 15 can exercise powers under Part 5 (ss 15; 18A). Senior emergency officer is a defined category (police sergeant or in charge of station; Fire and Rescue NSW station commander; SES officer of or above unit commander; deputy captain of rural fire brigade; Regional Emergency Management Officer) (s 18A).
Volunteers and SES unit members: volunteers in registered SES units are part of the Service (s 7(2)); membership may be granted, suspended or withdrawn by the Commissioner or commanders (s 18; s 18AA). Schedule 3 governs Consultative Council volunteer representation and the President of the NSW State Emergency Service Volunteers Association Ltd is a member of the Consultative Council (s 24ZA).
Local councils: required to provide training facilities and accommodation for local commanders free of charge within three months of appointment (s 17(5)-(6)); required to supply information to the Commissioner to enable funding target preparation (s 24C); required to pay SES contributions (ss 24H-24I) from the council consolidated fund (s 24M(1)); restricted from using donated funds for paying contributions unless Minister approves (s 24M(2)).
Treasurer and State Revenue Commissioner: Treasurer must pay annual contribution (SES funding amount) into the Fund (s 24E); State Revenue Commissioner administers assessment and instalment notices for councils and recovers unpaid contributions, applying specified provisions of the Taxation Administration Act 1996 (ss 24K-24L; s 24LA).
Insurance companies and the Emergency Services Levy Insurance Monitor (in transitional Part 6): transitional clauses require final returns and allow the Commissioner to calculate final contributions, apply loadings for non-compliant returns and to issue final assessment notices (Part 6, cls 15-19). The Monitor receives final 2-year assessments (cl 19).
Owners and occupiers of premises: subject to evacuation and exclusion directions (s 22); suppliers and controllers of substances may be required to send competent persons to comply with disconnection directions (s 22A(2)-(3)). Owners can be notified to pay a proportion of a foreign insurer’s deficit in specified transitional circumstances (cl 18).
Other emergency services and police: required to recognise and accept the Commissioner's authority in operations for emergencies covered by Part 5 and to assist (s 21).
Secondary institutional impacts include insurers (transitional final contributions and reporting obligations in Part 6, cls 15-17), and the courts and enforcement agencies who apply Local Court summary procedures for offences (s 28) and Taxation Administration Act mechanisms for recovery and investigation when contributions are unpaid (s 24LA). Trustees of SES property may vest property in the Crown subject to the Act (s 18(5)), and local commanders must keep records of donations and furnish copies on request (s 28A).
Key duties and rights
The Act allocates operational authority, administrative duties and rights of review or appeal in multiple places. These are primarily concentrated in the Commissioner's functions, the emergency powers regime, the funding administration, membership controls and Consultative Council duties.
Commissioner and staff:
Manage and control the Service (s 11(1)). Commissioner may use title “State controller” and Deputy “Deputy State controller” in exercise of functions (s 11(2)).
Required to undertake planning and preparation the Commissioner thinks fit to enable functions to be exercised effectively; may constitute committees and disseminate information (s 12).
May delegate functions (except the power of delegation itself) to Deputy Commissioner, staff or emergency officers (s 13).
Is subject to Ministerial control in the exercise of functions under the Act (s 10).
Emergency powers and duties:
The Commissioner has overall control of operations in response to an applicable emergency, subject to the State Emergency and Rescue Management Act 1989 (s 20).
The Commissioner may direct persons to evacuate or not enter an emergency area; non-compliance permits emergency officers to take reasonable steps, including reasonable force, to ensure compliance (s 22(1)-(2)). The regulations may limit circumstances and regulate manner of exercise (s 22(3)).
For protecting persons/property, Commissioner may direct senior emergency officers to shut off or disconnect supplies, or take possession/remove/destroy dangerous material (s 22A(1)(a)-(c)). The Commissioner or authorised senior officer may require suppliers to send competent persons to carry out disconnects, and there is an express offence for failure to comply (s 22A(2)-(3); maximum 50 penalty units).
Powers of entry for compliance (s 22B) are governed by notice requirements (s 22C), obligations to do as little damage as possible (s 22D), conditions for use of force (s 22E), and requirement to carry and produce written authority that specifies powers and expiry (s 22F).
Funding, assessment and payment duties:
Minister must prepare and, with Treasurer’s agreement, adopt an SES funding target before 31 March each year (s 24B(1)). The Minister must prepare an SES funding amount update as soon as practicable after commencement of each financial year (s 24G(1)).
Treasurer must pay the SES funding amount into the NSW State Emergency Service Fund, and may direct additional contributions subject to terms (s 24E).
State Revenue Commissioner must issue assessment notices to each local council setting out contribution amounts by 30 April prior to the financial year and must issue instalment notices for payments on specified dates (ss 24K-24L; s 24J for instalment dates).
Local councils must pay contributions to the State Revenue Commissioner (s 24H); contribution equals the amount determined by the Minister on the basis of the funding target, and specifically 11.7% of the SES funding target applicable to the area (s 24I(1)-(3)). Councils must provide information to Commissioner as required to prepare funding target (s 24C).
The SES contribution is recoverable as a debt and certain provisions of the Taxation Administration Act 1996 apply (s 24LA(1)-(3)); Part 10 of the Taxation Administration Act does not apply (s 24LA(5)).
Membership and internal procedure:
Membership of SES units may be granted, suspended or withdrawn by Commissioner or zone/local/unit commanders (s 18AA(1)). Withdrawal may be at any time and for any reason (s 18AA(2)); suspension is limited to purposes of investigation of alleged offences or contraventions of procedures (s 18AA(3)).
Persons whose membership is withdrawn by a zone/local/unit commander may appeal to the Commissioner; if withdrawn by the Commissioner the person may apply to the Commissioner for reconsideration (s 18AA(4)-(5)). Procedures for suspension/withdrawal and appeals are to be set out in the procedure manuals maintained by the Service (s 18AA(6)).
Rights of evidence, compensation and review:
Where property is damaged by exercise of right of entry, compensation is to be determined by the Minister (or Minister for Police if by police); that determination can be reviewed by application to the Premier (s 22E(4)-(5)).
Minister’s certificates about funding targets, amounts and council allocation are admissible evidence and, absent contrary evidence, are proof of the matters stated (s 24Y). Commissioner’s certificates on final contributions and 2-year assessments are likewise admissible (cl 20 in Part 6).
Volunteers, members of the Service, emergency officers, casual volunteers and Consultative Council members are protected from personal liability for acts or omissions done in good faith in the exercise of functions (s 25).
Other duties:
Unit commanders must keep written records of donations and furnish returns to the Commissioner immediately on request (s 28A).
Local councils must, within three months of local commander appointment, provide suitable training facilities and storage/office accommodation free of charge and to a Commissioner-approved standard (s 17(5)-(6)).
Disposal of equipment purchased from the Fund is restricted: councils must obtain written consent of the Commissioner before selling or disposing of such equipment and must repay proceeds or recoveries to the Fund according to the relative contribution (s 24X).
Penalties and enforcement
The Act establishes a mix of civil recovery, administrative enforcement, statutory offences with monetary penalties, and application of taxation enforcement provisions for collection and investigation. It prescribes courts and procedures for enforcement and gives administrative agencies powers to assess, notice and recover amounts.
Monetary penalties and offences specified in the Act:
Failure to comply with a requirement under s 22A(2) (to send a competent person when required) is an offence with a maximum penalty of 50 penalty units (s 22A(3)).
Under transitional Part 6, an insurance company that fails to provide a required final return and certificate, or that provides a false or misleading return, is guilty of an offence carrying a maximum penalty of 20 penalty units (cl 15(3)).
Notification to owners to pay a proportion of a contribution deficit where a foreign insurer is involved, with non-payment within 30 days, is an offence carrying a maximum penalty of 10 penalty units (cl 18(4) of Part 6).
Collection and debt recovery:
SES contributions unpaid by local councils are recoverable by the State Revenue Commissioner as a debt in a court of competent jurisdiction (s 24LA(1)).
The Act applies specified provisions of the Taxation Administration Act 1996 to SES contributions (s 24LA(2)-(3)). Those applied provisions include Division 1 (Interest) of Part 5, sections 50 and 55 (prohibitions on false or misleading information), and divisions concerning tax officers, investigation and secrecy (s 24LA(3)(a)-(c)). The effect is to import interest charging, investigative and secrecy mechanisms from taxation law into the SES contribution enforcement regime. The Act expressly excludes Part 10 of the Taxation Administration Act 1996 (s 24LA(5)).
For insurance-company contribution deficits in the final year of the scheme (Part 6), unpaid contribution deficits attract interest and penalty tax provisions as applied from the Taxation Administration Act 1996 and unpaid amounts constitute debts recoverable by the Commissioner (cl 17(5)-(8)).
Administrative enforcement mechanisms:
The State Revenue Commissioner must give annual assessment notices to councils and instalment notices for payments; failure to comply triggers recovery as a debt and application of applied taxation provisions (ss 24K-24L; s 24LA).
The Commissioner can estimate premium totals where insurance companies fail to return information and apply a 50% insurer loading to such estimates (cl 16(3)-(4) Part 6), increasing financial exposure for non-compliance.
Criminal and civil procedural settings:
Proceedings for an offence against the Act or the regulations are to be dealt with summarily before the Local Court (s 28).
For damage arising from exercise of powers of entry, compensation is determined by the Minister (or Minister for Police for police actions) and the applicant may apply to the Premier for review of the Minister’s determination (s 22E(4)-(5)); that procedure engages an administrative review path rather than a statutory right of appeal in the Act itself.
Evidentiary certificates issued by the Minister (s 24Y) and Commissioner (Part 6, cl 20) are prima facie proof in proceedings absent contrary evidence, facilitating proof for funding and assessment matters.
Practical enforcement consequences:
The applied Taxation Administration Act provisions supply investigative powers, secrecy and information offences for the collection of council contributions, thus exposing councils to taxation-style audits and penalties where information is false or misleading (s 24LA(3)(a)-(d)). The Act therefore turns unpaid SES contributions into a debt with taxation enforcement machinery, while excluding some TAA parts (s 24LA(5)).
How it interacts with other laws
The Act expressly cross-references and integrates with a set of federal and state statutes and agencies; it depends on external legal frameworks for employment, emergency management coordination and taxation-style enforcement. The Act both defers to and imports aspects of other Acts.
Cross-references and delegated interplay:
State Emergency and Rescue Management Act 1989: The Service’s functions are to be exercised in accordance with that Act and with State Emergency Management Plan or any state of emergency under that Act (s 8(2)). The Commissioner’s overall control of operations in response to an applicable emergency is subject to the State Emergency and Rescue Management Act (s 20). The effect is the Act situates SES operational powers within the broader state emergency management legal architecture.
Government Sector Employment Act 2013: Employment of Commissioner, Deputy Commissioner and other necessary staff is under Part 4 of that Act (s 9(1)). The Act therefore uses the public sector employment framework for staffing.
Taxation Administration Act 1996: The Act applies specific provisions of that Act to the SES contribution regime for councils, importing interest, investigation, secrecy and offences concerning false or misleading information (s 24LA(2)-(3)). The Act also specifies that Part 10 of the Taxation Administration Act does not apply (s 24LA(5)). The applied provisions operate “as if” Part 5A were a taxation law and the contribution a tax payable by a council (s 24LA(2)).
Duties and insurance laws: s 25A treats damage caused in good faith under s 22A as damage by the happening constituting the emergency for the purposes of any insurance policy against that risk; any contractual provision that negates that operation is void (s 25A(1)-(3)).
Government Sector Finance Act 2018: Annual reporting requirements for the Consultative Council must be included in the SES annual reporting information prepared under that Act (s 24ZC).
Interpretation Act 1987: s 3 notes the Interpretation Act contains definitions and provisions that affect construction and they apply to this Act as appropriate (s 3 note).
Other Acts and instruments: the Act contemplates that other Acts may assign functions to the Service (s 8(1)(i)) and includes savings/transitional provisions that treat references to prior Acts and instruments consistently (Schedule 1; ss in Part 2 on superseded references).
Limits and subject-matter interaction:
The Act expressly disclaims authorisation to take measures directed at ending industrial disputes or controlling riots and civil disturbances (s 4). This limits the operational scope in respect of labour action and civil unrest, distinguishing SES emergency powers from law enforcement riot-control powers.
The Commissioner’s functions are subject to Ministerial control (s 10), embedding political or ministerial oversight into the operational framework established by the State Emergency and Rescue Management Act.
The funding regime interacts with local government finance law by mandating payments from councils’ consolidated funds (s 24M(1)) and by limiting councils’ ability to use donations for contributions without Ministerial approval (s 24M(2)), thus interacting with local government fiduciary and budgetary rules.
Transitional and amendment interactions:
The Act contains multiple amendment notes and Parts that implement or respond to other legislation (e.g. State Revenue and Other Legislation Amendment (Budget Measures) Act 2008, Emergency Services Legislation Amendment (Finance) Act 2009, Fire and Emergency Services Levy Act 2017). Part 6 contains transitional measures connected to the Fire and Emergency Services Levy Act 2017 and the former insurance-based scheme, including insurer returns, final assessments and monitor reporting duties (Part 6, cls 15-19).
Where the Act applies or incorporates another Act’s provision it often does so with qualifications (for example, applying parts of the Taxation Administration Act 1996 but excluding Part 10) and directs that references be treated as if the Act were a taxation law for applied provisions (s 24LA).
Evidentiary and administrative interplay:
Ministerial or Commissioner certificates are admissible and prima facie proof in proceedings (s 24Y; Part 6 cl 20), affecting litigation and administrative review pathways and reducing evidentiary burden for revenue and assessment matters.
Amendment history
The Act’s text includes numerous annotated amendment notes and inserted Parts. The source provides the enactment, insertion and repeal notes at the end of many sections and in schedules. The record in the text shows a history of additions and later adjustments to both operational and funding regimes.
Select amendment and insertion markers present in the text:
Early amendments and updates: many core sections show amendment notes indicating modifications in 1990, 1995, 2005, 2009, 2010, 2012, 2015, and 2018 in the marginal notes appended to s 3 and others (for example, s 3 shows Am 1990 No 108; 2005 No 88; 2009 No 90; 2010 No 26; 2012 No 95; 2015 No 58; 2018 No 59). Those notes demonstrate repeated legislative changes to definitions and operational wording.
Part 4 and appointments: the heading for Part 3 indicates amendment in 1990 (pt 3, hdg Am 1990 No 108, Sch 1).
Part 5A (Contribution to State Emergency Service costs) was inserted (pt 5A Ins 2008 No 122, Sch 6.3[1]) and substantially amended in 2009 (Subst 2009 No 84, Sch 1.4[1]) and later amended in 2010 and 2017 (notes at head of Part 5A and in particular sections such as s 24A, s 24B, s 24G, s 24V show those amendment annotations).
The SES Volunteer Joint Consultative Council (Part 5B) was inserted in 2010 (pt 5B Ins 2010 No 26, Sch 1[3]); Schedule 3 (constitution and procedure of Consultative Council) was also inserted (sch 3 Ins 2010 No 26, Sch 1[7]).
Portions of Part 5A were repealed or substituted over time. Division 6 (ss 24N-24U) was repealed by 2017 amendments (Rep 2017 No 9, Sch 4.7[14]). Schedule 2 and related previous insurance-related clauses were repealed in 2017 (sch 2 Rep 2017 No 9, Sch 4.7[22]).
Part 6 captures amendments consequential to the Fire and Emergency Services Levy Act 2017 and contains transitional clauses with insertion and commencement notes pointing to the amending Act; cl 14 confirms the amendments to Part 5A take effect from 1 July 2017 for financial years from that date (Part 6 cl 14).
Repeals: the Act repealed the State Emergency Services and Civil Defence Act 1972 and associated regulations (s 31). Several sections have been repealed in earlier or later legislative rounds (example: s 5 repealed 2005 No 88; other repeals shown for ss 24, 32-35, and various Schedule items).
The marginal notes and schedule notes present in the version of the Act reproduced here identify the amending Acts by year and schedule references; those notes are the primary authority in the source for the chronology of legislative change. The text shows policy and structural additions over time: the creation of the funding regime in 2008-2009 (Part 5A), the consultative council in 2010 (Part 5B and Sch 3), insurance-related transitional rules in 2016-2017 (Part 6), and various clarifications and administrative changes across the 1990s and 2000s (as shown by the many “Am” entries in the marginal notes). The Act’s Schedule 1 also provides savings, transitional and other provisions to manage effect of earlier amendments (Schedule 1; Part 1-6 of Schedule 1 in the text).
The text supplied does not include legislative history beyond the marginal amendment references and the entries in the schedules; it does not include parliamentary second reading speeches, explanatory memoranda or the full text of amending Acts beyond the marginal references. The Act’s amendment notes are the documentary record in this source.
Litigation history
The supplied text does not list any judicial decisions or cases that have construed this Act. It does, however, set out the procedural and evidentiary framework that would be relevant in litigation or administrative review, and it specifies courts and processes that govern enforcement and review. The following are the legal process hooks in the Act that would shape litigation:
Court and summary procedure: Proceedings for an offence against the Act or the regulations are to be dealt with summarily before the Local Court (s 28). Any criminal prosecutions under specified penalty provisions or regulation-created offences would follow that summary procedure.
Debt recovery and civil proceedings: Unpaid SES contributions are recoverable by the State Revenue Commissioner as a debt in a court of competent jurisdiction (s 24LA(1)). The Commissioner (or State Revenue Commissioner acting under the Act) may commence civil proceedings to recover unpaid amounts; the applied Taxation Administration Act 1996 provisions alter enforcement capabilities for recovery (s 24LA).
Administrative review and compensatory determinations: When property is damaged by exercise of right of entry, the Act requires the Minister (or the Minister for Police where entry was by a police officer) to determine compensation; a person aggrieved by that determination may apply to the Premier for review (s 22E(4)-(5)). That statutory review route is administrative in form; the Act does not prescribe judicial appeal routes for that Ministerial determination.
Evidentiary certificates: The Minister’s certificate of funding targets and the Commissioner’s certificates about final contributions are admissible and, absent contrary evidence, are proof of stated matters (s 24Y; Part 6 cl 20). Such certificates will influence proof burdens in litigation about contributions and assessments.
Taxation Administration Act overlay: For SES contributions, specified enforcement, investigation and secrecy provisions of the Taxation Administration Act 1996 apply (s 24LA(3)). Those apply to assessment, interest, information offences and investigative powers, and set procedural parameters that courts have previously engaged with when Taxation Administration Act provisions were invoked (though the supplied Act text contains no cases).
Internal appeals: The Act gives internal review mechanisms for membership withdrawal,appeal to the Commissioner where a zone/local/unit commander withdrew membership, or application to the Commissioner to reconsider where the Commissioner withdrew membership (s 18AA(4)-(5)). Those are internal administrative rights; the Act does not outline external merits review beyond that, but affected persons may have access to general judicial review or other remedies under broader administrative law principles (not spelled out in the Act text itself).
Because the source text does not include any reported decisions, no case law is cited in this document. For any litigation strategy or predictions about judicial interpretation, practitioners will need to check court databases for decisions that interpret the specific provisions (noting the Act’s reliance on Taxation Administration Act provisions for collection issues and the State Emergency and Rescue Management Act 1989 for operational command questions).
Gotchas
The Act contains several clauses that produce practical compliance or governance risks for affected actors. These are “gotchas” in the sense that they impose duties, discretions or penalties that may be overlooked without careful compliance processes.
Commissioner’s broad discretion and revocable appointments:
The Commissioner may appoint emergency officers (s 15) and may revoke appointments “at any time” (s 15(4)). Local commanders appointed on council recommendation may also be revoked “at any time and for any reason” (s 17(2)). Unit commander appointments are similarly revocable (s 17A(1)). These unqualified revocation powers create immediate removal risk for appointments; the Act does not prescribe procedural protections for revocations in these provisions.
Membership removal and limited procedural guarantees:
Membership of SES units may be granted, suspended or withdrawn by the Commissioner or zone/local/unit commanders (s 18AA(1)-(2)). Withdrawal may be “at any time and for any reason” (s 18AA(2)). Suspension is limited to facilitating investigation but is otherwise widely available (s 18AA(3)). The appeal and review routes are internal: where withdrawn by a zone/local/unit commander, there is an appeal to the Commissioner; where withdrawn by the Commissioner, the person may apply to the Commissioner for reconsideration (s 18AA(4)-(5)). Procedures are in internal procedure manuals (s 18AA(6)). These features mean internal processes, rather than statutory external adjudication, govern membership disputes.
Council financial obligations and restricted funding sources:
Local councils must pay SES contributions determined by Minister on basis of funding target and specifically 11.7% of the applicable funding target (s 24I(1)-(3)). Councils must fund payments from their consolidated fund (s 24M(1)). Funds derived from donations may not be used towards payment of contributions unless approved by the Minister (s 24M(2)). This produces a restricted funding channel and potential budgetary pressure on councils, particularly where donated funds were expected to meet emergency service costs.
Taxation-style enforcement and evidential certificates:
SES contributions are treated, for enforcement purposes, as though they are a tax under the Taxation Administration Act 1996 and several investigative, secrecy and interest provisions are applied (s 24LA(2)-(3)). Part 10 of the TAA is expressly excluded (s 24LA(5)). Ministerial certificates about funding targets and contribution amounts are admissible and prima facie proof in proceedings (s 24Y). Councils and other payers should expect taxation-style compliance checks and evidentiary burdens arising from statutory certificates.
Restrictions on disposal of Fund-funded equipment:
Local councils must not sell or dispose of equipment wholly or partly purchased from Fund money without written consent of the Commissioner (s 24X(1)), and proceeds must generally be paid back to the Fund in the proportion of Fund contribution (s 24X(2)). This constrains councils’ property management of equipment and can create operational and accounting complexity when shifting assets.
Operational entry, force and compensation:
Emergency powers allow entry and the use of reasonable force in limited circumstances (ss 22B; 22E(1)). Authorisation requirements, notice regimes and written authority content requirements must be satisfied (ss 22C; 22F). If property is damaged by entry, compensation is to be determined by the Minister and reviewable by application to the Premier (s 22E(4)-(5)). Practitioners should note the administrative (Ministerial/Premier) rather than judicial initial compensation route.
Donation records and regulator access:
Unit commanders must keep written records of donations and furnish copies immediately on request by the Commissioner (s 28A). Donors and units should be aware that records are subject to immediate inspection on demand.
Consultative Council composition and quorum:
The Consultative Council is chaired by the Commissioner and includes Minister-appointed staff members and members appointed on the recommendation of the Volunteers Association (s 24ZA). Schedule 3 sets a quorum of 2 staff members, 2 volunteer members and the Chair (Sch 3 cl 11). Because the Chair is the Commissioner (s 24ZA(1)(a)) and staff members are Minister-appointed (s 24ZA(1)(b)), the statutory composition and quorum shape council business and representation dynamics; the Act also restricts remuneration in certain categories (Sch 3 cl 3).
Transitional insurer regime loadings and deadlines:
Part 6 places final-year reporting obligations on insurers with strict deadlines and a prescribed penalty/loading if returns are missing; Commissioner may estimate and add a 50% loading where there is no final return (cl 16(3)-(4)). This exposes insurers to significant financial consequence for non-compliance in the specified transitional period.
Evidential consequences of certificates in revenue disputes:
Minister and Commissioner certificates are prima facie evidence in proceedings (s 24Y; Part 6 cl 20). That can materially affect taxpayers’ evidentiary burdens in disputes about contributions and assessments.
How to comply
Complying with the Act requires administrative systems for emergency operations, membership governance, record-keeping, funding and reporting. Below are actionable steps, tied to the operative provisions, for the principal actors.
For Commissioners and SES staff:
Maintain delegation and appointment records. Ensure instruments appointing emergency officers, zone/local/unit commanders and deputies are in writing and retained (ss 13; 15; 16; 17; 17A; 17C).
Maintain and publish procedure manuals that set out processes for suspension, withdrawal and appeal of SES membership, since s 18AA(6) makes those manuals the operative process documents. Ensure manuals are current, accessible and applied consistently.
Provide training and prepare planning documents as required under s 12. Ensure committees and information dissemination processes are documented and that flood, storm and tsunami information is collated and disseminated (s 12(1)-(3)).
Keep authorities for entry and use-of-force authorisations in the form specified in s 22F and ensure officers produce authorities on request. Ensure written authorisations specify the matters listed in s 22F(2)(a)-(f).
Ensure senior emergency officers authorised to exercise s 22A powers have written authorisations, and document the circumstances under which use of force is permitted following s 22E(1)-(3).
For any exercise of entry or removal powers, document the steps taken to limit damage and the reasons for their necessity (s 22D). If property damage occurs, follow s 22E(4)-(5) protocols and prepare material for any Premier review if requested.
For local councils:
Participate in funding target processes by providing information to the Commissioner when required (s 24C). Establish a calendar to respond to Commissioner requests in the timings required.
Budget for SES contribution payments: the contribution is determined by the Minister and is 11.7% of the applicable funding target (s 24I(1)-(3)). Plan for four instalments (s 24IA) and await assessment/instalment notices from the State Revenue Commissioner (ss 24K-24L; s 24J sets instalment dates).
Ensure payments come from the council consolidated fund and do not use donations or voluntary contributions without Ministerial approval (s 24M(1)-(2)).
Retain records of any equipment purchased wholly or partly from Fund money and seek written consent from the Commissioner before disposing of such equipment; if sold, ensure proper repayment to Fund per s 24X(1)-(2).
Provide suitable training facilities and storage/office accommodation to local commanders within three months of appointment in compliance with Commissioner-approved standards (s 17(5)-(6)).
Maintain donation records at the unit level and ensure unit commanders can produce donation records immediately on request by the Commissioner (s 28A).
For SES units, unit commanders and volunteers:
Follow procedure manuals for membership suspension/withdrawal and be aware of internal appeal routes to the Commissioner (s 18AA(4)-(6)).
Keep accurate donation records and furnish them immediately upon Commissioner request (s 28A).
When asked to assist other agencies or when exercising direction from Commissioner or authorised emergency officers, record directions and lawful basis under Part 5 to support indemnity and insurance coverage under s 25 and s 25A.
For suppliers and utility controllers:
Be prepared to send competent persons immediately to comply with a Commissioner or senior emergency officer requirement under s 22A(2). Non-compliance attracts a penalty (s 22A(3)). Put in place escalation procedures and documentation to demonstrate compliance with reasonable directions.
For insurers (relevant to transitional Part 6 provisions):
Where the transitional rules apply, ensure final returns and auditor certificates are furnished in the required form and by the specified dates; failure to furnish can result in the Commissioner estimating premium totals and applying a 50% loading (cl 15; cl 16(3)-(4)).
Retain auditors’ certificates in the form approved by the Commissioner (cl 15(2)), and prepare to respond to final assessment notices and any payment of contribution deficits within notice periods (cl 17(2)-(4)).
For any party facing assessments or compensation disputes:
Be aware that Ministerial and Commissioner certificates are prima facie proof in proceedings (s 24Y; Part 6 cl 20). Collect contemporaneous records and contrary evidence promptly.
Where compensation is determined by a Minister after damage from entry, the route for review is application to the Premier (s 22E(5)). Prepare administrative review materials accordingly.
General compliance infrastructure:
Implement record retention policies matching the Act’s requirements for donations, appointment instruments, authorisations to enter, and equipment procurement funded from the Fund (s 28A; ss 22F; s 24X).
Establish a finance calendar linked to the Minister/Treasurer timetable: Minister must adopt funding target before 31 March (s 24B(1)), Minister must advise State Revenue Commissioner by 15 April of council contributions and instalment amounts (s 24IB), and the Treasurer must pay instalments into the Fund in August, October, January and April (s 24F). Local councils receive assessment notices by 30 April (s 24K) and instalment notices in time to meet instalment dates (s 24J).
Design internal processes to respond to State Revenue Commissioner inquiries and inspections, recognising the applied Taxation Administration Act powers (s 24LA(3)). Ensure accuracy of information and implement audit trails to avoid false-information offences under applied provisions.
For governance, ensure Consultative Council procedures are followed (Sch 3), including recording minutes and submitting minutes to the Minister within 14 days (Sch 3 cl 16).
Following these steps, and tying specific operational actions to the cited provisions (for example, authorisations under s 22F, contributions under s 24I, records under s 28A and s 24X), will align organisational practice with the statutory requirements in the Act.
4 Limitation on operation of Act—industrial disputes and civil disturbances
4 Limitation on operation of Act—industrial disputes and civil disturbances
4 Limitation on operation of Act—industrial disputes and civil disturbances
This Act does not authorise the taking of measures directed at—
(a) bringing an industrial dispute to an end, or
(b) controlling a riot or other civil disturbance.
5
5 (Repealed)
5
s 5: Rep 2005 No 88, Sch 1 [5].
6 Act binds the Crown
6 Act binds the Crown
6 Act binds the Crown
This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Part 2 The State Emergency Service
Part 2 The State Emergency Service
Part 2 The State Emergency Service
7 State Emergency Service
7 State Emergency Service
7 State Emergency Service
(1) There shall be a NSW State Emergency Service.
(2) The State Emergency Service is to comprise—
(a) the Commissioner, Deputy Commissioner and other staff of the Service, and
(b) the volunteer officers and volunteer members of all SES units.
(3) In any Act or instrument, a reference to the NSW State Emergency Service need not include the term “NSW”.
s 7: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [6]; 2012 No 95, Sch 1.18 [2] [3].
8 Functions of Service
8 Functions of Service
8 Functions of Service
(1) The State Emergency Service has the following functions—
(aa) to protect persons from dangers to their safety and health, and to protect property from destruction or damage, arising from floods, storms and tsunamis,
(a) to act as the combat agency for dealing with floods (including the establishment of flood warning systems) and to co-ordinate the evacuation and welfare of affected communities,
(b) to act as the combat agency for damage control for storms and to co-ordinate the evacuation and welfare of affected communities,
(c) to act as the combat agency for dealing with tsunamis and to co-ordinate the evacuation and welfare of affected communities,
(d) as directed by the State Emergency Operations Controller, to deal with an emergency where no other agency has lawful authority to assume command of the emergency operation,
(e) to carry out, by accredited SES units, rescue operations allocated by the State Rescue Board,
(f) to assist the State Emergency Operations Controller to carry out emergency management functions relating to the prevention of, preparation for and response to, and to assist the State Emergency Recovery Controller to carry out emergency management functions relating to the recovery from, emergencies in accordance with the State Emergency and Rescue Management Act 1989,
(g) to assist, at their request, members of the NSW Police Force, Fire and Rescue NSW, the NSW Rural Fire Service or the Ambulance Service of NSW in dealing with any incident or emergency,
(h) to maintain effective liaison with all emergency services organisations,
(i) to carry out such other functions as may be assigned to it by or under this or any other Act, or by the State Emergency Operations Controller or the Minister.
(2) The functions of the State Emergency Service are to 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.
s 8: Am 1995 No 91, Sch 2 (1); 2005 No 88, Sch 1 [3] [7]–[10]; 2006 No 94, Sch 3.34 [1]; 2009 No 38, Sch 2; 2009 No 90, Sch 1 [4] [5]; 2012 No 103, Sch 4 [1] [2].
Part 3 The Commissioner and other staff of the Service
Part 3 The Commissioner and other staff of the Service
Part 3 The Commissioner and other staff of the Service
pt 3, hdg: Am 1990 No 108, Sch 1.
9 Commissioner, Deputy Commissioner and other staff
9 Commissioner, Deputy Commissioner and other staff
9 Commissioner, Deputy Commissioner and other staff
(1) A Commissioner, Deputy Commissioner and such other staff as may be necessary for the purposes of this Act are to be employed under Part 4 of the Government Sector Employment Act 2013.
(2) Subsection (1) does not apply to members of SES units.
(3) The Commissioner may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of a Public Service agency or a public or local authority.
(4) For the purposes of this Act, a person whose services are made use of under this section is a member of the staff of the State Emergency Service.
s 9: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [3] [11]; 2015 No 58, Sch 3.82 [2] [3].
9A
9A (Repealed)
9A
s 9A: Ins 2009 No 96, Sch 24. Rep 2015 No 58, Sch 3.82 [4].
10 Ministerial control
10 Ministerial control
10 Ministerial control
The Commissioner, Deputy Commissioner and other members of the State Emergency Service are, in the exercise of their functions under this Act, subject to the control and direction of the Minister.
s 10: Am 1990 No 108, Sch 1.
11 Commissioner responsible for administration of Service
11 Commissioner responsible for administration of Service
11 Commissioner responsible for administration of Service
(1) The Commissioner is responsible for managing and controlling the activities of the State Emergency Service.
(2) The Commissioner, in connection with the exercise of his or her functions under this Act, may use the title “State controller” and the Deputy Commissioner may use the title “Deputy State controller”.
s 11: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [12].
12 Planning and preparation by Commissioner
12 Planning and preparation by Commissioner
12 Planning and preparation by Commissioner
(1) The Commissioner is required to undertake such planning and make such preparations as the Commissioner thinks fit for the purpose of enabling the Commissioner’s functions under this Act to be exercised in the most effective manner.
(2) The Commissioner may constitute committees to collate and assess information, or give advice or assistance to the Commissioner or any other person or agency, in relation to the functions of the State Emergency Service.
(3) The Commissioner is to arrange for the collation, assessment and public dissemination of information relating to floods, storms and tsunamis.
s 12: Am 1990 No 108, Sch 1; 2005 No 88, Sch 1 [13]; 2009 No 90, Sch 1 [6] [7].
13 Delegation by Commissioner
13 Delegation by Commissioner
13 Delegation by Commissioner
The Commissioner may delegate to the Deputy Commissioner or any other member of the State Emergency Service or to an emergency officer the Commissioner’s functions under this Act, other than this power of delegation.
s 13: Am 1990 No 108, Sch 1; 2009 No 90, Sch 1 [6].
14 Service zones
14 Service zones
14 Service zones
The Commissioner may divide the State into zones for the purposes of this Act.
s 14: Am 1990 No 108, Sch 1. Subst 2005 No 88, Sch 1 [14]. Am 2018 No 59, Sch 4 [2].
Part 4 Emergency officers and SES units
Part 4 Emergency officers and SES units
Part 4 Emergency officers and SES units
pt 4, hdg: Am 2005 No 88, Sch 1 [15].
15 Emergency officers
15 Emergency officers
15 Emergency officers
(1) The Commissioner is an emergency officer for the purposes of this Act.
(2) The Commissioner may appoint any person, or a person belonging to a class of persons, as an emergency officer for the purposes of this Act.
(3) A person may be appointed as an emergency officer whether or not the person is a member of the State Emergency Service.
(4) The Commissioner may revoke an appointment under this section at any time.
(5) The Commissioner is to arrange for suitable training to be provided to emergency officers.
s 15: Am 1990 No 108, Sch 1.
16 Zone commanders
16 Zone commanders
16 Zone commanders
(1) The Commissioner may appoint a member of staff of the State Emergency Service as the zone commander for a zone.
(2) A zone commander is, subject to any direction of the Commissioner, responsible for the control and co-ordination of the activities of SES units in the relevant zone.
(3) The Commissioner may appoint any person to act as a deputy to a zone commander.
(4) The functions of a zone commander may be exercised by his or her deputy during any absence from duty of the zone commander.
s 16: Am 1990 No 108, Sch 1. Subst 2005 No 88, Sch 1 [16]. Am 2018 No 59, Sch 4 [3]–[5].
17 Local commanders
17 Local commanders
17 Local commanders
(1) The Commissioner may, on the recommendation of the council of a local government area, appoint one or more persons as a local commander for the area.
(2) The Commissioner may revoke an appointment under this section at any time and for any reason.
(3) A local commander is, subject to any direction of the Commissioner or the relevant zone commander, responsible for the control and co-ordination of the activities of SES units in the relevant local government area.
(4) The Commissioner may appoint as a local commander an emergency officer not recommended by the council of the local government area concerned if the council fails to make a recommendation which is acceptable to the Commissioner within 30 days after the council is requested to do so by the Commissioner.
(5) The council of a local government area must, within 3 months of the appointment of a local commander for the area, provide (free of charge) suitable training facilities and storage and office accommodation to enable the local commander to exercise his or her functions.
(6) Any such facilities and accommodation are to be of a standard approved by the Commissioner.
s 17: Am 1990 No 108, Sch 1; 2000 No 53, Sch 1.28; 2005 No 88, Sch 1 [3] [17]–[20]; 2018 No 59, Sch 4 [3] [6].
17A Unit commanders
17A Unit commanders
17A Unit commanders
(1) The Commissioner may appoint any person as the unit commander for an SES unit and may revoke the appointment at any time and for any reason.
(2) A unit commander is, subject to any direction of the Commissioner, the relevant zone commander or the relevant local commander, responsible for the control and co-ordination of the activities of the unit.
(3) In the case of a local government area for which there is only one SES unit, the unit commander for that unit is taken to be the local commander unless a local commander is appointed under section 17 (1).
s 17A: Ins 2005 No 88, Sch 1 [21]. Am 2018 No 59, Sch 4 [3] [6] [7].
17B Terms of appointment for local and unit commanders
17B Terms of appointment for local and unit commanders
17B Terms of appointment for local and unit commanders
(1) A local commander or unit commander is to be appointed for such term (not exceeding 2 years) as is specified in his or her instrument of appointment, but is, at the end of that term, eligible for re-appointment.
(2) Each local commander and unit commander is subject to an annual review and report to be carried out by the Commissioner.
s 17B: Ins 2005 No 88, Sch 1 [21]. Am 2018 No 59, Sch 4 [6] [7].
17C Local and unit commander deputies
17C Local and unit commander deputies
17C Local and unit commander deputies
(1) A zone commander may, in consultation with a local commander in the relevant zone, appoint any person to act as a deputy to the local commander.
(2) A zone commander may, in consultation with a unit commander in the relevant zone, appoint any person to act as a deputy to the unit commander.
(3) An appointment made under subsection (1) or (2) may be revoked at any time and for any reason by the zone commander who made the appointment.
(4) The functions of a local commander or unit commander may be exercised by his or her deputy during any absence from duty of the local commander or unit commander.
s 17C: Ins 2005 No 88, Sch 1 [21]. Am 2018 No 59, Sch 4 [3] [5]–[7] .
17D Zone headquarters unit
17D Zone headquarters unit
17D Zone headquarters unit
(1) The State Emergency Service may make available such of its staff and facilities as the Commissioner considers appropriate to establish a headquarters for a zone.
(2) A zone commander, together with—
(a) the members of staff of the State Emergency Service attached to the headquarters for the zone, and
(b) any volunteers assisting in the running of the headquarters,
may be registered as an SES unit (as a zone headquarters unit) under section 18.
(3) The function of a zone headquarters unit is to assist the zone commander in the exercise of his or her responsibilities.
s 17D: Ins 2005 No 88, Sch 1 [21]. Am 2018 No 59, Sch 4 [3] [4] [8]–[10].
18 SES units
18 SES units
18 SES units
(1) The Commissioner may, by instrument in writing, register a group of persons as an SES unit and assign it a distinctive name.
(1A) The Commissioner may register a group of persons under subsection (1) on his or her own initiative or on the
This is an opening excerpt, not the complete document.
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