Victorian Current Acts

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EMERGENCY MANAGEMENT ACT 2013 - SECT 3

Definitions

In this Act—

S. 3 def. of Ambulance Service—Victoria inserted by No. 36/2018 s. 4(1).

Ambulance Service—Victoria has the same meaning as in section 3(1) of the  Ambulance Services Act 1986 ;

S. 3 def. of Chief Officer amended by Nos 36/2018 s. 4(2)(a), 20/2019 s. 165(2).

"Chief Officer"—

        (a)     means the following—

              (i)     the Fire Rescue Commissioner of Fire Rescue Victoria;

              (ii)     the Chief Officer of the Country Fire Authority;

              (iii)     the Chief Fire Officer, Department of Environment, Land, Water and Planning;

              (iv)     the Chief Officer, Operations of the Victoria State Emergency Service Authority; and

        (b)     includes any person nominated by a person referred to in paragraph (a) to exercise the powers of that person under section 38;

S. 3 def. of Class 1 emergency amended by Nos 20/2019 s. 165(3)(a), 36/2018 s. 22(2)(a).

Class 1 emergency means—

        (a)     a major fire; or

        (b)     any other major emergency for which Fire Rescue Victoria, the Country Fire Authority or the Victoria State Emergency Service Authority is the control agency under the state emergency management plan;

Class 2 emergency means a major emergency which is not—

        (a)     a Class 1 emergency; or

        (b)     a warlike act or act of terrorism, whether directed at Victoria or a part of Victoria or at any other State or Territory of the Commonwealth; or

        (c)     a hi-jack, siege or riot;

consequence management has the meaning given by section 45 ;

"Country Fire Authority" means the Country Fire Authority established under the Country Fire Authority Act 1958 ;

"Department" has the same meaning as it has in section 4(1) of the Public Administration Act 2004 ;

"Department Head" has the same meaning as it has in section 4(1) of the Public Administration Act 2004 ;

"emergency" means an emergency due to the actual or imminent occurrence of an event which in any way endangers or threatens to endanger the safety or health of any person in Victoria or which destroys or damages, or threatens to destroy or damage, any property in Victoria or endangers or threatens to endanger the environment or an element of the environment in Victoria including, without limiting the generality of the foregoing—

        (a)     an earthquake, flood, wind-storm or other natural event; and

        (b)     a fire; and

        (c)     an explosion; and

        (d)     a road accident or any other accident; and

        (e)     a plague or an epidemic or contamination; and

        (f)     a warlike act or act of terrorism, whether directed at Victoria or a part of Victoria or at any other State or Territory of the Commonwealth; and

        (g)     a hi-jack, siege or riot; and

        (h)     a disruption to an essential service;

S. 3 def. of emergency management inserted by No. 36/2018 s. 4(1).

"emergency management" means the arrangements for, or in relation to—

        (a)     the mitigation of emergencies; and

        (b)     the response to emergencies; and

        (c)     the recovery from emergencies;

"Emergency Management Commissioner" means the office established under section 24;

S. 3 def. of emergency management plan inserted by No. 36/2018 s. 4(1), substituted by No. 36/2018 s. 41(1), amended by No. 36/2018 s. 58(2).

"emergency management plan "means one of the following—

        (a)     the state emergency management plan;

        (b)     a regional emergency management plan;

        (c)     a municipal emergency management plan;

"emergency management sector" means the sector comprising all agencies, bodies, Departments and other persons who have a responsibility, function or other role in emergency management;

"Emergency Management Victoria" means the body corporate established under section 14;

S. 3 def. of Emergency Services Telecom-munications Authority repealed by No. 32/2023 s. 93(b).

    *     *     *     *     *

S. 3 def. of Fire Rescue Victoria inserted by No. 20/2019 s. 165(4).

"Fire Rescue Victoria" means Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958 ;

S. 3 def. of fire services agency amended by Nos 36/2018 s. 4(2)(b), 20/2019 s. 165(3)(b).

"fire services agency" means any of the following—

        (a)     Fire Rescue Victoria;

        (b)     the Country Fire Authority;

        (c)     the Secretary to the Department of Environment, Land, Water and Planning;

"fire services reform action plan" means the plan developed under section 12 of the Fire Services Commissioner Act 2010 as in force immediately before the commencement of section 77;

"IBAC" has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011 ;

"incident management operating procedures" means operating procedures developed under section 50;

"Inspector-General for Emergency Management" means the office established under section 61;

"major emergency "means—

        (a)     a large or complex emergency (however caused) which—

              (i)     has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or

              (ii)     has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or

              (iii)     requires the involvement of 2 or more agencies to respond to the emergency; or

        (b)     a Class 1 emergency; or

        (c)     a Class 2 emergency;

"major fire" means a large or complex fire (however caused) which—

        (a)     has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or

        (b)     has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or

        (c)     requires the involvement of 2 or more fire services agencies to suppress the fire; or

        (d)     will, if not suppressed, burn for more than one day;

S. 3 def. of Metropolitan Fire and Emergency Services Board repealed by No. 20/2019 s. 165(1).

    *     *     *     *     *

S. 3 def. of mitigation inserted by No. 36/2018 s. 4(1).

"mitigation" means the elimination or reduction of the incidence or severity of emergencies and the minimisation of their effects;

S. 3 def. of Municipal Association of Victoria inserted by No. 36/2018 s. 4(1).

"Municipal Association of Victoria" means the body corporate established under the Municipal Association Act 1907 ;

S. 3 def. of municipal council inserted by No. 36/2018 s. 4(1), amended by No. 9/2020 s. 390(Sch.  1 item 33).

"municipal council" has the same meaning as Council in section 3(1) of the Local Government Act 2020 ;

S. 3 def. of municipal district inserted by No. 36/2018 s. 4(1), amended by No. 9/2020 s. 390(Sch.  1 item 33).

"municipal district" has the same meaning as in  section 3(1) of the Local Government Act 2020 ;

S. 3 def. of municipal emergency management plan inserted by No. 36/2018 s. 58(1).

"municipal emergency management plan", in relation to a municipal district, means a plan for that municipal district prepared by the Municipal Emergency Management Planning Committee for that municipal district in accordance with Division 2 of Part 6A and includes any updated municipal emergency management plan for that municipal district;

S. 3 def. of Municipal Emergency Management Planning Committee inserted by No. 36/2018 s. 58(1).

"Municipal Emergency Management Planning Committee" means a body established by section 59;

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 53.1).

"recovery" means the assisting of persons and communities affected by emergencies to achieve a proper and effective level of functioning;

S. 3 def. of region inserted by No. 36/2018 s. 22(1).

"region" means (other than in Part 7A) 2 or more municipal districts (and, if relevant, any area or areas of the State that are not part of a municipal district) that are declared to be a region under section 77A ;

S. 3 def. of regional emergency management plan inserted by No. 36/2018 s. 41(2).

"regional emergency management plan", in relation to a region, means a plan for that region prepared by the relevant Regional Emergency Management Planning Committee in accordance with Division 2 of Part 6A and includes any updated regional emergency management plan for that region;

S. 3 def. of Regional Emergency Management Planning Committee inserted by No. 36/2018 s. 41(2).

"Regional Emergency Management Planning Committee" means a body established by section 53;

S. 3 def. of responder agency amended by Nos 36/2018 s. 4(2)(c), 20/2019 s. 165(3)(c).

"responder agency" means the following—

        (a)     Fire Rescue Victoria;

        (b)     the Country Fire Authority;

        (c)     the Victoria State Emergency Service Authority;

        (d)     the Secretary to the Department of Environment, Land, Water and Planning;

        (e)     any other agency prescribed to be a responder agency;

"response" means the combating of emergencies and the provision of rescue services;

S. 3 def. of Secretary to the Department of Environment and Primary Industries amended by No. 41/2014 s. 13, substituted as Secretary to the Department of Environment, Land, Water and Planning by No. 36/2018 s. 4(2)(d).

Secretary to the Department of Environment, Land, Water and Planning means the Secretary to the Department of Environment, Land, Water and Planning when performing its fire suppression functions, including under section 62(2)(a) of the Forests Act 1958 ;

"State Crisis and Resilience Council" means the Council established under section 6;

S. 3 def. of state emergency management plan inserted by No. 36/2018 s. 4(1).

"state emergency management plan" means the plan prepared by the Emergency Management Commissioner in accordance with Division 2 of Part 6A and includes an updated state emergency management plan;

S. 3 def. of state emergency recovery plan repealed by No. 36/2018 s. 22(2)(b).

    *     *     *     *     *

S. 3 def. of state emergency response plan repealed by No. 36/2018 s. 22(2)(c).

    *     *     *     *     *

"State Response Controller" means a person appointed as a State Response Controller under section 37;

"Strategic Action Plan" means the plan prepared under section 12 ;

S. 3 def. of Triple Zero Victoria inserted by No. 32/2023 s. 93(a).

"Triple Zero Victoria" has the same meaning as in the Triple Zero Victoria Act 2023 ;

S. 3 def. of Victoria Police inserted by No. 36/2018 s. 4(1).

"Victoria Police" means the body established by section 6 of the Victoria Police Act 2013 ;

"Victoria State Emergency Service" Authority means the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005 ;

"work program" means a work program for an agency included in a Strategic Action Plan.



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