South Australian Numbered Acts

FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 117

117—Exercise of control at scene of emergency

        (1)         This section applies in relation to any situation that may involve an emergency.

        (2)         If—

            (a)         an emergency has arisen or is imminent; and

            (b)         no other body or person has lawful authority to assume control, or a body or person with lawful authority to assume control has not done so; and

            (c)         an SASES unit has attended,

then the most senior member of SASES in attendance may assume control (and all members of SASES, and all other persons present at the scene, will be subject to his or her control).

        (3)         Nothing in this section—

            (a)         derogates from the powers of the Chief Officer of SASES to assume control of any operations; or

            (b)         prevents a member of SASES who has taken control of any operations surrendering control of those operations to any other body or person who has lawful authority to act in relation to the particular emergency; or

            (c)         prevents another person or body with lawful authority to do so assuming control at the scene of an emergency.

        (4)         This section operates subject to the provisions of the Emergency Management Act 2004 .

Subdivision 2—Exercise of powers at scene of emergency