State Emergency Service Act 1989

This Act may be cited as the State Emergency Service Act 1989.

This Act commences on a day or days to be appointed by proclamation.

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.

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.

Notes included in this Act do not form part of this Act.

This Act does not authorise the taking of measures directed at—

bringing an industrial dispute to an end, or

controlling a riot or other civil disturbance.

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.

There shall be a NSW State Emergency Service.

The State Emergency Service is to comprise—

the Commissioner, Deputy Commissioner and other staff of the Service, and

the volunteer officers and volunteer members of all SES units.

In any Act or instrument, a reference to the NSW State Emergency Service need not include the term “NSW”.

The State Emergency Service has the following functions—

to protect persons from dangers to their safety and health, and to protect property from destruction or damage, arising from floods, storms and tsunamis,

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,

to act as the combat agency for damage control for storms and to co-ordinate the evacuation and welfare of affected communities,

to act as the combat agency for dealing with tsunamis and to co-ordinate the evacuation and welfare of affected communities,

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,

to carry out, by accredited SES units, rescue operations allocated by the State Rescue Board,

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,

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,

to maintain effective liaison with all emergency services organisations,

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.

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.

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.

Subsection (1) does not apply to members of SES units.

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.

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.

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.

The Commissioner is responsible for managing and controlling the activities of the State Emergency Service.

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”.