AustLII Tasmanian Numbered Acts

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EMERGENCY MANAGEMENT AMENDMENT ACT 2018 (NO. 31 OF 2018) - SECT 16

Part 2, Division 3A inserted

After section 24 of the Principal Act , the following Division is inserted in Part 2:
Division 3A - Administration of recovery
Subdivision 1 - State Recovery Advisor

24A.     State Recovery Advisor

(1)  Unless otherwise determined by the Premier, the State Recovery Advisor is the Secretary responsible to the Premier.
(2)  The State Recovery Advisor may hold that office in conjunction with any other appointment, position or office.

24B.     Functions and powers of State Recovery Advisor

The State Recovery Advisor has the following functions:
(a) to ensure that plans and arrangements for recovery are prepared and maintained;
(b) to support the State Controller, Regional Controllers and State Recovery Coordinator to coordinate recovery processes during and after an emergency;
(c) to advise, on request, the Premier or the Ministerial Committee on matters related to recovery including –
(i) the appointment of a State Recovery Coordinator; and
(ii) the establishment of a Recovery Taskforce;
(d) to oversee the transition of responsibility for recovery under section 24F ;
(e) other functions in respect of recovery imposed on the State Recovery Advisor by the Premier;
(f) other functions in respect of recovery imposed on the State Recovery Advisor by the Ministerial Committee;
(g) other functions imposed by this or any other Act;
(h) prescribed functions.
Subdivision 2 - Recovery Taskforce and Recovery Committees

24C.     Recovery Taskforce

(1)  The Premier may determine that a Recovery Taskforce is to be established to support recovery during or after an emergency.
(2)  If the Premier is not available to make a determination under subsection (1) , the Ministerial Committee may determine that a Recovery Taskforce is to be established to support recovery during or after an emergency.
(3)  If the Premier or Ministerial Committee makes a determination under subsection (1) or (2) , the Secretary responsible to the Premier is to establish a Recovery Taskforce in accordance with that determination.

24D.     State Recovery Coordinator

(1)  The Premier may appoint, in writing, a State Recovery Coordinator to lead a Recovery Taskforce.
(2)  If the Premier appoints a State Recovery Coordinator under subsection (1) , the Premier –
(a) is to specify in the instrument of appointment –
(i) the term of the appointment; and
(ii) the functions of the State Recovery Coordinator; and
(b) is to notify the State Controller of the appointment.
(3)  If a person appointed as a State Recovery Coordinator is a State Service officer or State Service employee, he or she may be appointed as a State Recovery Coordinator in conjunction with his or her State Service employment.

24E.     Recovery Committees

(1)  The Ministerial Committee, the State Controller, the State Recovery Advisor or a State Recovery Coordinator may establish a committee, or more than one committee, for one or more of the following purposes:
(a) coordinating recovery processes;
(b) engaging affected communities in recovery processes;
(c) any other purpose related to recovery.
(2)  When establishing a committee under subsection (1) , the Ministerial Committee, the State Controller, the State Recovery Advisor or State Recovery Coordinator is to determine the chairperson, membership and terms of reference for the committee.

24F.     Transition of responsibility

(1)  In this section –
relevant recovery authority means –
(a) the State Recovery Coordinator; or
(b) a person determined under subsection (3) to be a relevant recovery authority.
(2)  If a relevant recovery authority has been appointed or determined in relation to an emergency –
(a) the State Controller is to transfer all information in respect of the emergency to the relevant recovery authority as soon as practicable and to the satisfaction of the relevant recovery authority; and
(b) upon receipt by the State Controller of written confirmation by the relevant recovery authority of the completion of the transfer of information in accordance with paragraph (a) , the relevant recovery authority is to have, and the State Controller is to cease to have, responsibility for the recovery process in relation to the emergency.
(3)  If no State Recovery Coordinator has been appointed under section 24D in relation to an emergency, the State Controller may determine one of the following to be a relevant recovery authority:
(a) the State Recovery Advisor;
(b) a specified State Service Agency.
(4)  For the avoidance of doubt, a person determined under subsection (3) to be a relevant recovery authority does not receive any additional functions or powers, under this or any other Act, solely on the basis of that determination.
Subdivision 3 - Municipal Recovery Coordinator

24G.     Municipal Recovery Coordinator

(1)  In this section –
general manager has the same meaning as in the Local Government Act 1993 .
(2)  A general manager of a council may appoint a Municipal Recovery Coordinator for the municipal area governed by the council.
(3)  A Municipal Recovery Coordinator may hold that office in conjunction with any other appointment, position or office.
(4)  A Municipal Recovery Coordinator holds office for the period, and on the terms and conditions, specified in his or her instrument of appointment.
(5)  If no Municipal Recovery Coordinator is appointed under this section, the Municipal Coordinator for the municipal area is to perform the functions and exercise the powers of a Municipal Recovery Coordinator as specified in section 24H .

24H.     Functions and powers of Municipal Recovery Coordinator

(1)  A Municipal Recovery Coordinator has the following functions, for the purposes of the planning, review and implementation of recovery processes, in respect of the municipal area for which he or she is the Municipal Recovery Coordinator:
(a) prior to, during or subsequent to the occurrence of an emergency within the municipal area, to ensure that –
(i) arrangements are in place to implement recovery processes, including the establishment and coordination of evacuation centres and recovery centres; and
(ii) his or her instructions and decisions and the instructions and decisions of the Municipal Committee, Municipal Chairperson and Regional Controller are transmitted to, and adequately carried out by, persons to whom they are directed or relate;
(b) to advise the Regional Controller of any powers or declarations under this Act that are to be used, or made, for the purposes of recovery within the municipal area;
(c) to request resources of another municipal area if the Municipal Recovery Coordinator considers that those resources are necessary to implement recovery processes within the municipal area;
(d) to assist a recovery committee established under section 24E within the municipal area or a combined area;
(e) to assist and advise the Municipal Chairperson, the Municipal Committee or the relevant council on all matters with respect to recovery within the municipal area or a combined area;
(f) other functions in respect of recovery imposed on the Municipal Recovery Coordinator by the Municipal Committee or the Municipal Coordinator;
(g) other functions imposed on the Municipal Recovery Coordinator by this or any other Act;
(h) other functions imposed on the Municipal Recovery Coordinator by a Municipal Emergency Management Plan;
(i) prescribed functions.
(2)  A Municipal Recovery Coordinator has the following powers:
(a) prescribed powers;
(b) the power to do all things necessary or convenient to perform his or her functions.
(3)  If a Municipal Recovery Coordinator of a municipal area performs a function under subsection (1)(a), he or she is to notify the Municipal Coordinator for the municipal area of the performance of that function as soon as possible after he or she performs the function.



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