Essential Services Act 1988 (NSW)

Essential Services Act 1988 No 41

An Act to protect the community from disruption to essential services; and for related purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Essential Services Act 1988.

2 Commencement This Act commences on the date of assent.

3 Definitions (1) In this Act— essential service means a service that is an essential service by virtue of section 4. industrial action has the same meaning as in the Industrial Relations Act 1996. industrial matter has the same meaning as in the Industrial Relations Act 1996. industrial organisation has the same meaning as in the Industrial Relations Act 1996. Industrial Registrar means the Industrial Registrar appointed under the Industrial Relations Act 1996. place includes land, road, building, structure, work, mine, vehicle and vessel. property includes undertaking, equipment, goods, vehicles, vessels, articles and things of any kind. (2) In this Act, a reference to the provision of an essential service includes a reference to the conduct, performance, maintenance, supply and distribution of an essential service. (3) In this Act, a reference to the community includes a reference to any part of the community. (4) In this Act— (a) a reference to function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

4 Essential services (1) For the purposes of this Act, a service is an essential service if it consists of any of the following— (a) the production, supply or distribution of any form of energy, power or fuel or of energy, power or fuel resources, (b) the public transportation of persons or the transportation of freight (including the provision of rail infrastructure for those purposes), (c) the provision of fire-fighting services, (d) the provision of public health services (including hospital or medical services), (e) the provision of ambulance services, (f) the production, supply or distribution of pharmaceutical products, (g) the provision of garbage, sanitary cleaning or sewerage services, (h) the supply or distribution of water, (i) the conduct of a welfare institution, (j) the conduct of a prison, (k) a service declared to be an essential service under subsection (2), (l) a service comprising the supply of goods or services necessary for providing any service referred to in paragraphs (a)–(k). (2) The Governor may, by order published on the NSW legislation website, declare any service to be an essential service for the purposes of this Act. (2A) To avoid doubt, the regulation of bulk water supply by the Water Administration Ministerial Corporation in the exercise of its rights to the control, use and flow of water is capable of being declared to be an essential service for the purposes of this Act. (3) Such an order may not be made unless the Minister has certified to the Governor that the service is essential in the public interest. (4) Any such order takes effect on the day on which it is published on the NSW legislation website.