Western Australian Current Acts

EMERGENCY MANAGEMENT ACT 2005

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Hazard management agencies may be prescribed
            
   5.      Delegation by hazard management agency
            
   6.      Combat agencies and support organisations may be prescribed
            
   7.      Act binds the Crown
            
   8.      Relationship to other Acts
            
   9.      Limitation on Act -- industrial disputes and civil disturbances

   PART 2 -- State arrangements

           Division 1 -- The State Emergency Coordinator  

   10.     State Emergency Coordinator
            
   11.     Functions of the State Emergency Coordinator
            
   12.     Delegation by State Emergency Coordinator

           Division 2 -- The State Emergency Management Committee  

   13.     State Emergency Management Committee
            
   14.     Functions of the SEMC
            
   15.     Powers of the SEMC
            
   16.     Designation of cyclone areas
            
   17.     State emergency management policies
            
   18.     State emergency management plans
            
   19.     Reviewing State emergency management policies and State emergency management plans
            
   20.     Directions to, and duties of, public authorities
            
   21.     Sub-committees
            
   22.     SEMC may delegate
            
   23.     Minister may give directions
            
   24.     Facilities and services for SEMC
            
   25.     Annual report of SEMC

           Division 3 -- The State Emergency Coordination Group  

   26.     State Emergency Coordination Group
            
   27.     Functions of the State Emergency Coordination Group

           Division 4 -- Emergency management districts  

   28.     Establishment of emergency management districts
            
   29.     District emergency coordinator
            
   30.     Functions of district emergency coordinator
            
   31.     District emergency management committees
            
   32.     Functions of district emergency management committees
            
   33.     Annual report of district emergency management committees

   PART 3 -- Local arrangements

           Division 1 -- Local emergency authorities  

   34.     Local governments may combine
            
   35.     Specified public authority may exercise functions of local government
            
   36.     Functions of local government
            
   37.     Local emergency coordinators
            
   38.     Local emergency management committees
            
   39.     Functions of local emergency management committees
            
   40.     Annual report of local emergency management committee

           Division 2 -- Emergency management arrangements for local governments  

   41.     Emergency management arrangements in local government district
            
   42.     Reviewing and renewing local emergency management arrangements
            
   43.     Local emergency management arrangements to be available for inspection

           Division 3 -- Powers of local government during cyclone  

   44.     Term used: cyclone area
            
   45.     Exercise of powers under this Division
            
   46.     Power of local government to destroy dangerous vegetation or premises in cyclone area
            
   47.     Local government may require owner or occupier of land to take action
            
   48.     Additional powers when direction given
            
   49.     Provisions are in addition to other powers

   PART 4 -- Hazard management

           Division 1 -- Emergency situation declaration  

   50.     State Emergency Coordinator or hazard management agency may make emergency situation declaration
            
   51.     Duration of emergency situation declaration
            
   52.     Extension of emergency situation declaration
            
   53.     Revocation of emergency situation declaration
            
   54.     Notice of declaration

           Division 2 -- Hazard management officers  

   55.     Authorisation of hazard management officers

   PART 5 -- State of emergency

           Division 1 -- State of emergency declaration  

   56.     Minister may make state of emergency declaration
            
   57.     Duration of state of emergency declaration
            
   58.     Extension of state of emergency declaration
            
   59.     Revocation of state of emergency declaration
            
   60.     Notice of declaration

           Division 2 -- Authorised officers  

   61.     Authorised officers
            
   62.     Identification of authorised officers

           Division 3 -- The State Disaster Council  

   63.     State Disaster Council
            
   64.     Functions of the State Disaster Council

   PART 6 -- Emergency powers

           Division 1 -- Powers during emergency situation or state of emergency  

   65.     Application of this Division
            
   66.     Obtaining identifying particulars
            
   67.     Powers concerning movement and evacuation
            
   68.     Use of vehicles
            
   69.     Powers of officer to control or use property
            
   70.     Powers of officers in relation to persons exposed to hazardous substances
            
   70A.    Electronic monitoring of persons in quarantine
            
   71.     Powers of police to direct closure of places and concerning movement and evacuation
            
   72.     Exchange of information

           Division 1A -- Temporary powers during state of emergency in relation to COVID  

   72A.    General powers during state of emergency in relation to COVID

           Division 2 -- Further powers during state of emergency  

   73.     Application of this Division
            
   74.     Power to direct public authorities during state of emergency
            
   75.     General powers during a state of emergency
            
   76A.    Manufacture, supply and prescription of poisons

           Division 3 -- General provisions  

   76.     General provisions regarding powers
            
   77.     General provisions regarding directions

   PART 6A -- Temporary provisions for management of COVID-19

           Division 1 -- Preliminary  

   77A.    Overview of PART
            
   77B.    Terms used

           Division 2 -- Power to make COVID-19 declaration  

   77C.    State Emergency Coordinator may make COVID-19 declaration
            
   77D.    Duration of COVID-19 declaration
            
   77E.    Extension of COVID-19 declaration
            
   77F.    Revocation of COVID-19 declaration
            
   77G.    Consultation with and advice from Chief Health Officer
            
   77H.    Publication of notice of declaration and advice

           Division 3 -- Authorised COVID-19 officers  

   77I.    Authorised COVID-19 officers

           Division 4 -- Powers during COVID-19 declaration  

   77J.    Matters that may be taken into account and consultation
            
   77K.    Obtaining identifying particulars
            
   77L.    Powers concerning movement and evacuation
            
   77M.    Powers to control and use property and related powers
            
   77N.    Powers of officers in relation to persons exposed to SARS-CoV-2 virus
            
   77O.    Powers of police to direct closure of places and concerning movement and evacuation
            
   77P.    Exchange of information
            
   77Q.    General powers during COVID-19 declaration
            
   77R.    Powers under this Division cannot be exercised to effect interstate border closure

           Division 5 -- Miscellaneous  

   77S.    General provisions regarding powers
            
   77T.    General provisions regarding directions
            
   77U.    Establishment of State Emergency Coordination Group for COVID
            
   77V.    Continuation of State Disaster Council for COVID
            
   77W.    Modification of State and local arrangements
            
   77X.    Modification of other provisions of this Act

   PART 7 -- Compensation and insurance

           Division 1 -- Compensation  

   78.     Entitlement to compensation
            
   79.     Applying for compensation
            
   80.     Lapsing of application
            
   81.     Notice of decision
            
   82.     Funding of compensation

           Division 2 -- Review  

   83.     Review of compensation decision

           Division 3 -- Policies of insurance  

   84.     Extension of policy of insurance

   PART 8 -- Offences  

   85.     Obstruction of a hazard management officer or authorised officer
            
   86.     Failure to comply with direction
            
   87.     Failure to give help
            
   88.     Impersonation of hazard management officer or authorised officer
            
   89.     False or misleading information
            
   90.     False compensation claim

   PART 9 -- Employment protection  

   91.     Terms used
            
   92.     Protection of employment rights
            
   93.     Victimisation because of emergency management response
            
   94.     Civil penalty for breach of section

   PART 10 -- Miscellaneous  

   94A.    Powers under other written laws do not affect whether declarations can be made
            
   95.     Confidentiality of information
            
   96.     Expenses
            
   97.     Bodies corporate or employers, conduct on behalf of
            
   98.     Liability of officers for offence by body corporate
            
   99.     Evidentiary matters
            
   100.    Protection from liability
            
   101.    Regulations as to compensation of volunteers
            
   102.    Regulations
            
   103.     Review of Act
            
           Uncommenced provisions table
            
           Other notes
           Defined terms