Victorian Current Acts Victorian Current ActsS. 37(1) substituted by No. 43/2015 s. 8(1), amended by No. 36/2018 s. 26.
(1) The Emergency Management Commissioner (acting in accordance with the state emergency management plan) must appoint a State Response Controller to be responsible for the control of response activities in relation to—
(a) planning for each anticipated Class 1 emergency in any area of the State; and
(b) each Class 1 emergency in any area of the State that is occurring or has occurred.
(2) The Emergency Management Commissioner must appoint as the State Response Controller a person who in the opinion of the Emergency Management Commissioner has relevant expertise in managing hazards relevant to the Class 1 emergency.
S. 37(3) substituted by No. 43/2015 s. 8(2).
(3) The appointment of the State Response Controller under subsection (1) has effect for the period specified in writing by the Emergency Management Commissioner.
(4) If the Emergency Management Commissioner considers that it is necessary to do so because the control response is not being exercised effectively, the Emergency Management Commissioner may—
(a) direct the State Response Controller as to the exercise of specified control response activities; or
(b) override or exercise specified control response activities.
S. 37(5) substituted by No. 43/2015 s. 8(3), amended by No. 36/2018 s. 26.
(5) A State Response Controller (acting in accordance with the state emergency management plan) may appoint one or more controllers for a Class 1 emergency who has or have relevant expertise in managing hazards relevant to the Class 1 emergency.
S. 37(6) substituted by No. 43/2015 s. 8(3).
(6) The appointment of a controller under subsection (5) has effect for the period specified in writing by the State Response Controller.
S. 37(6A) inserted by No. 43/2015 s. 8(3).
(6A) The Emergency Management Commissioner—
(a) may endorse persons who have relevant expertise in managing hazards relevant to a Class 1 emergency as controllers; and
(b) must ensure that a current list of endorsed controllers is maintained.
S. 37(6B) inserted by No. 43/2015 s. 8(3), amended by No. 36/2018 s. 26.
(6B) In accordance with the state emergency management plan, a State Response Controller (or a controller as directed by a State Response Controller) may deploy to a Class 1 emergency a person who is endorsed as a controller under subsection (6A)(a).
S. 37(6C) inserted by No. 43/2015 s. 8(3).
(6C) The State Response Controller must ensure that a written record of the deployment of a controller under subsection (6B) is made within 24 hours after the period of the deployment commences.
S. 37(7) amended by Nos 43/2015 s. 8(4), 36/2018 s. 26.
(7) The State Response Controller or an appointed or deployed controller has in relation to the Class 1 emergency all the powers and authorities that the Chief Officer of the relevant control agency under the state emergency management plan has conferred on that Chief Officer by the relevant Act under which the relevant control agency is established.