Emergency Management Act 2005 (WA)

Western Australia Emergency Management Act 2005 Western Australia Emergency Management Act 2005 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Hazard management agencies may be prescribed 1 5. Delegation by hazard management agency 1 6. Combat agencies and support organisations may be prescribed 1 7. Act binds the Crown 1 8. Relationship to other Acts 1 9. Limitation on Act — industrial disputes and civil disturbances 1 Part 2 — State arrangements Division 1 — The State Emergency Coordinator 10. State Emergency Coordinator 1 11. Functions of the State Emergency Coordinator 1 12. Delegation by State Emergency Coordinator 1 Division 2 — The State Emergency Management Committee 13. State Emergency Management Committee 1 14. Functions of the SEMC 1 15. Powers of the SEMC 1 16. Designation of cyclone areas 1 17. State emergency management policies 1 18. State emergency management plans 1 19. Reviewing State emergency management policies and State emergency management plans 1 20. Directions to, and duties of, public authorities 1 21. Sub‑committees 1 22. SEMC may delegate 1 23. Minister may give directions 1 24. Facilities and services for SEMC 1 25. Annual report of SEMC 1 Division 3 — The State Emergency Coordination Group 26. State Emergency Coordination Group 1 27. Functions of the State Emergency Coordination Group 1 Division 4 — Emergency management districts 28. Establishment of emergency management districts 1 29. District emergency coordinator 1 30. Functions of district emergency coordinator 1 31. District emergency management committees 1 32. Functions of district emergency management committees 1 33. Annual report of district emergency management committees 1 Part 3 — Local arrangements Division 1 — Local emergency authorities 34. Local governments may combine 1 35. Specified public authority may exercise functions of local government 1 36. Functions of local government 1 37. Local emergency coordinators 1 38. Local emergency management committees 1 39. Functions of local emergency management committees 1 40. Annual report of local emergency management committee 1 Division 2 — Emergency management arrangements for local governments 41. Emergency management arrangements in local government district 1 42. Reviewing and renewing local emergency management arrangements 1 43. Local emergency management arrangements to be available for inspection 1 Division 3 — Powers of local government during cyclone 44. Term used: cyclone area 1 45. Exercise of powers under this Division 1 46. Power of local government to destroy dangerous vegetation or premises in cyclone area 1 47. Local government may require owner or occupier of land to take action 1 48. Additional powers when direction given 1 49. Provisions are in addition to other powers 1 Part 4 — Hazard management Division 1 — Emergency situation declaration 50. State Emergency Coordinator or hazard management agency may make emergency situation declaration 1 51. Duration of emergency situation declaration 1 52. Extension of emergency situation declaration 1 53. Revocation of emergency situation declaration 1 54. Notice of declaration 1 Division 2 — Hazard management officers 55. Authorisation of hazard management officers 1 Part 5 — State of emergency Division 1 — State of emergency declaration 56. Minister may make state of emergency declaration 1 57. Duration of state of emergency declaration 1 58. Extension of state of emergency declaration 1 59. Revocation of state of emergency declaration 1 60. Notice of declaration 1 Division 2 — Authorised officers 61. Authorised officers 1 62. Identification of authorised officers 1 Division 3 — The State Disaster Council 63. State Disaster Council 1 64. Functions of the State Disaster Council 1 Part 6 — Emergency powers Division 1 — Powers during emergency situation or state of emergency 65. Application of this Division 1 66. Obtaining identifying particulars 1 67. Powers concerning movement and evacuation 1 68. Use of vehicles 1 69. Powers of officer to control or use property 1 70. Powers of officers in relation to persons exposed to hazardous substances 1 70A. Electronic monitoring of persons in quarantine 1 71. Powers of police to direct closure of places and concerning movement and evacuation 1 72. Exchange of information 1 Division 2 — Further powers during state of emergency 73. Application of this Division 1 74. Power to direct public authorities during state of emergency 1 75. General powers during a state of emergency 1 76A. Manufacture, supply and prescription of poisons 1 Division 3 — General provisions 76. General provisions regarding powers 1 77. General provisions regarding directions 1 Part 7 — Compensation and insurance Division 1 — Compensation 78. Entitlement to compensation 1 79. Applying for compensation 1 80. Lapsing of application 1 81. Notice of decision 1 82. Funding of compensation 1 Division 2 — Review 83. Review of compensation decision 1 Division 3 — Policies of insurance 84. Extension of policy of insurance 1 Part 8 — Offences 85. Obstruction of a hazard management officer or authorised officer 1 86. Failure to comply with direction 1 87. Failure to give help 1 88. Impersonation of hazard management officer or authorised officer 1 89. False or misleading information 1 90. False compensation claim 1 Part 9 — Employment protection 91. Terms used 1 92. Protection of employment rights 1 93. Victimisation because of emergency management response 1 94. Civil penalty for breach of section 93 1 Part 10 — Miscellaneous 94A. Powers under other written laws do not affect whether declarations can be made 1 95. Confidentiality of information 1 96. Expenses 1 97. Bodies corporate or employers, conduct on behalf of 1 98. Liability of officers for offence by body corporate 1 99. Evidentiary matters 1 100. Protection from liability 1 101. Regulations as to compensation of volunteers 1 102. Regulations 1 103. Review of Act 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Emergency Management Act 2005 An Act to provide for prompt and coordinated organisation of emergency management in the State, and for related purposes. [Long title amended: No. 33 of 2022 s. 4 and 28.]