The Emergency Management Act 1986 (Vic) and DISPLAN do not confer a private right of action for breach of statutory duty upon individuals affected by emergencies, because the legislation is directed to the protection of the public as a whole rather than a particular class. However, the EMA and DISPLAN are capable of providing the statutory foundation for a common law duty of care owed by police officers exercising emergency response coordination roles, the existence of which depends on factual findings including control, vulnerability, reliance, and assumption of responsibility. In group proceedings involving novel duty of care questions, summary judgment will generally be inappropriate where the factual matrix is integral to determining the existence of the duty.
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