State Emergency Service Act 1989

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—

has authorised in writing the use of force in the particular case, or

has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances.

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.

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.

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.

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.