2013

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR POLICE, FIRE AND EMERGENCY SERVICES

EMERGENCY MANAGEMENT BILL 2013

SERIAL NO. 38

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill delivers on a key Government commitment. It improves community resilience by enhancing the emergency management command and control structure to lead and coordinate cross-agency recovery activities and to ensure proper prioritisation and focus of government resources following an emergency or disaster event.

The Bill repeals and replaces the Disasters Act and has the endorsement of the Northern Territory Counter Disaster Council.

The Bill aligns with the National Disaster Resilience Strategy; the Counter Disaster Council’s Strategic Plan 2013-2014 and supports objectives of the NT Implementation Plan 2012-13 for the National Partnership Agreement on Natural Disaster Resilience.

NOTES ON CLAUSES

Part 1	Preliminary matters
Division 1	Introductory matters
Clause 1.	Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Emergency Management Act 2013 (the Act).

Clause 2.	Commencement

This is a formal clause which establishes when the Act will commence. This Act will commence on the date fixed by the Administrator by Gazette notice.

Division 2	Operation of the Act
Clause 3.	Act binds Crown

This is a formal clause which binds the Crown in right of the Territory and all other capacities to the extent of the power of the Legislative Assembly.

Clause 4.	Limitation on application of Act

This clause sets out those activities which this Act does not authorise a person to do. Those activities, including the making of preparations to carry out those activities are; engage in armed combat; put down a riot or other civil disturbance; and, end a strike or lockout.

Clause 5.	Interaction with other Acts

This is a formal clause which establishes that when a declaration of an Emergency Situation, a State of Emergency or a State of Disaster is current, the provisions of this Act prevail in the case of any inconsistency with another Act.

Clause 6.	Conflict of duties

This clause specifies that where a Police Officer is appointed to a position under this Act (a Regional or Local Controller or Regional or Local Recovery Coordinator) and there is inconsistency between his or her duties under this Act and those under the Police Administration Act; then this Act prevails.

Clause 7.	Application of Criminal Code

This clause ensures that the criminal responsibility provisions in Part IIAA of the Criminal Code apply to offences in this Act.

Division 3	Interpretation
Clause 8.	Definitions

This clause defines various words and expressions used in the Act.

Part 2	Emergency plans
Division 1	Territory emergency plan
Clause 9.	Preparation of Territory emergency plan

This clause requires the Director (the Director) of the Northern Territory Emergency Service (NTES) to prepare an emergency plan that provides a basis for coordinated emergency and recovery operations.

Clause 10.	Consideration and approval of Territory emergency plan

This clause requires the Director to submit the prepared emergency plan to the Territory Emergency Management Council (TEMC) for approval. The TEMC may change the plan or return the plan to the Director with recommended changes prior to approving the plan by Gazette notice.  The Director must ensure the plan is available for inspection at the place specified in the Gazette notice.

Clause 11.	Review of Territory emergency plan

This clause requires the Director to review the operation and effectiveness of the approved emergency plan annually.

Division 2	Regional emergency plan
Clause 12.	Preparation of regional emergency plan

This clause requires the Territory Controller to ensure an emergency plan is prepared for each region which provides a basis for coordinated emergency and recovery operations.

Clause 13.	Approval of regional emergency plan

This clause stipulates that the Territory Controller must consult with the Regional Controller and Director NTES prior to approving the plan by Gazette notice.  The Territory Controller must ensure the plan is available for inspection at the place specified in the Gazette notice.

Clause 14.	Review of regional emergency plan

This clause requires the Territory Controller to review the operation and effectiveness of approved regional emergency plans annually.

Division 3	Local emergency plan
Clause 15.	Preparation of local emergency plan

This clause provides the TEMC with the ability to direct the Territory Controller to ensure that a local emergency plan which provides a basis for coordinated emergency and recovery operations is prepared for a locality.

Clause 16.	Consideration and approval of local emergency plan

This clause stipulates that the Territory Controller must consult with the Local Controller and the Director prior to approving the local emergency plan.  The Territory Controller must ensure the plan is available for inspection at the place specified in the Gazette notice.  

Clause 17.	Review of local emergency plan

This clause requires that the Territory Controller reviews the operation and effectiveness of the approved local emergency plan annually.

Part 3	Emergency management mechanisms
Division 1	Emergency situation
Clause 18.	When an emergency situation exists

This clause relates to the declaration and existence of an emergency situation.

Section 1 of the clause stipulates that an emergency situation can exist for a specified area when declared by the Minister under section 2 of this clause, and continues to be in effect until the Minister declares it no longer exists under section 3 of this clause.

It further stipulates that an emergency situation exists from the time a state of disaster or state of emergency is declared for an area and continues to be in effect until the Minister declares it no longer exists under section 3 of this clause. This does mean that an emergency situation can exist at the same time as a State of Disaster or State of Emergency. This is to ensure that at the cessation of a State of Disaster or State or Emergency (which are time limited), the emergency situation will continue to exist to ensure appropriate authorities are maintained during the emergency recovery period.

An emergency situation also exists from the time a tropical cyclone watch or warning is issued for an area by the Bureau of Meteorology until the end of the third day after the day the watch or warning was issued; or if the Minister declares it no longer exists, whichever is sooner. This section of the clause is designed to adequately account for response and recovery for cyclones which transit through multiple areas, while reducing the administrative burden (during periods of heightened operational activity) of reissuing declarations as the Bureau of Meteorology updates the area bounded by its watch and/or warnings.

Section 2 of this clause specifies that the Minister may declare an emergency situation on advice from the TEMC for a specified area if an event has occurred or is reasonably likely to occur, and the Minister has been satisfied by the TEMC that the special powers under clause 23 are necessary for effective emergency response and recovery operations.

Section 3 of this clause relates to the cessation of an emergency situation. The Minister may declare that the emergency situation no longer exists if the TEMC has advised the Minister, and the Minister is satisfied that the special powers under clause 23 are no longer necessary; and neither a State of Emergency nor a State of Disaster exist in the area.

Section 4 of this clause further defines the Bureau of Meteorology as the Commonwealth Bureau of Meteorology established by the Meteorology Act 1955 (Cth).

Division 2	State of emergency
Clause 19.	Declaration of state of emergency

This clause stipulates that the Minister may declare a state of emergency for an area if an emergency has occurred and the Minister is satisfied that the special powers under clauses 23 (those for an emergency situation) and 24 (those additional powers for a state of emergency or disaster) are necessary for effective emergency response and recovery operations.

This clause should be read in conjunction with the definition of emergency in clause 8; that meaning an event that requires a significant coordinated response using the combined resources of the Northern Territory and non-government entities within the Northern Territory.

Clause 20.	Duration of a state of emergency

This clause specifies that a state of emergency begins as soon as it has been declared and continues until the end of the third day after the day it is declared unless revoked before that time or it is extended; or it is usurped by the declaration of a state of disaster.

Extensions of a state of emergency may not exceed three days each and are declared by the Minister as he or she considers necessary.

Division 3	State of disaster
Clause 21.	Declaration of state of disaster

This clause stipulates that the Administrator may declare a state of disaster for an area if a disaster has occurred and the Administrator is satisfied that the special powers under clauses 23 (those for an emergency situation) and 24 (those additional powers for a state of emergency or disaster) are necessary for effective emergency response and recovery operations.

This clause should be read in conjunction with the definition of disaster in clause 8; that meaning an event that requires a significant coordinated response using the combined resources of the Territory, non-government entities within the Territory and resources from outside the Territory.

Note: The special powers during a state of disaster are the same as those for a state of emergency; however, the difference between the two states is one of scale. A state of emergency is responded to with Territory resources whereas a state of disaster requires Territory and external resources. For instance, resources which may be coordinated or provided by another state, territory or the Commonwealth government.

If the Administrator is unable to declare a state of disaster for whatever reason, a state of disaster may be declared by two Ministers acting jointly.

Clause 22.	Duration of state of disaster

This clause specifies that a state of disaster begins as soon as it is declared and stays in effect until the end of the seventh day after it is declared unless revoked or extended. The Administrator may extend the declaration for periods up to 14 days in each case. 

Division 4	Special powers and duties
Clause 23.	Special powers during emergency situation

This clause determines the special powers provided to authorised officers carrying emergency response or recovery operations and in particular, to ensure adequate protection of life or property.

The special powers include the ability for an authorised officer to:
·	direct a person to evacuate and remain outside a specified place in the affected area;
·	remove or direct another person to remove a person with the use of reasonable force, who does not comply with a direction to evacuate and remain outside a specified place;
·	direct the owner of anything in or near the affected area to remove or secure the thing – this includes but is not limited to vehicles which were previously specified in the Disasters Act;
·	direct another person to remove or secure the thing if the owner of the thing does not comply with the direction to do so or cannot be found within a reasonable time; and
·	to themselves remove or secure the thing.

If directing another person to remove or secure the thing, or if the authorised officer themselves removes or secures the thing, the cost of doing so is a debt due and payable to the Territory by the owner or occupier of the thing. 

An authorised officer may direct the owner or occupier of property in an affected area to place the property under the control of the authorised officer. If the owner or occupier suffers loss because the property is placed under the control of an authorised officer then they are entitled to receive compensation for the loss in accordance with Part 6 of the Act.

Clause 24.	Special powers during state of emergency or disaster 

Clause 24 specifies that during a state of emergency or disaster, an authorised officer has various special powers to be used when carrying out emergency response or recovery operations or to ensure the protection of life or property.

In this circumstance, the authorised officer may:
·	direct a person to assist in tasks to save life or property in immediate danger in the affected area;
·	direct the owner or person in charge of a place of business, worship or entertainment in the affected area to close the place to the public for a specified period;
·	use reasonable force if necessary to enter a place in the affected area; and
·	close a place open to or used by the public, including a road as defined under section 5(1) of the Control of Roads Act.

Under clause 18 an emergency situation exists during a state of emergency or disaster. As a result, an authorised officer also has special powers under section 24 during a state of emergency or disaster.

Clause 25.	Duties of Chief Executive Officers

This clause specifies that during an emergency situation, state of emergency or state of disaster, NT Government agency Chief Executive Officers are to act in accordance with any relevant approved emergency plan. Chief Executive Officers are also to act in accordance with the directions of the Territory Controller in relation to emergency operations and the Territory Recovery Coordinator in relation to recovery operations.

Chief Executive Officers acting in accordance with those directions will direct their employees in turn and provide all necessary assistance to enable employees to act in accordance with those directions; subject to any contrary terms and conditions of an officer’s employment.

Part 4	Emergency management structure
Division 1	Preliminary matters
Clause 26.	Overview of emergency management structure

This is an explanatory clause which provides a high level understanding of responsibilities within the emergency management structure as organised at a Territory, regional and local level.

The Territory Emergency Management Council oversees all emergency management, including recovery operations, in the Northern Territory.

The Territory Controller controls and directs all emergency operations in the Northern Territory. Emergency operations are activities (including training) to prevent, minimise, prepare for and respond to an event.

The Territory Recovery Coordinator coordinates and directs all recovery operations in the Northern Territory. Recovery operations are activities undertaken to assist with recovery from the effects of an event.

Regional and Local Emergency Committees oversee emergency planning and emergency operations in regions and localities. Emergency planning is the establishment of plans, structures and arrangements for future emergency and recovery operations.

Regional and Local Controllers supervise emergency planning and emergency operations in regions and localities.

Regional and Local Recovery Coordination Committees oversee recovery operations in regions and localities while Regional and Local Recovery Coordinators supervise those activities.

The Northern Territory Emergency Service conducts a wide range of emergency management activities, including emergency planning, emergency operations and recovery operations.

Clause 27.	Regions

This clause permits the Emergency Management Council to divide the Territory into regions for this Act which are formalised in the Gazette.

Division 2	Territory Emergency Controller
Clause 28.	Territory Emergency Controller

This clause assigns the position of Territory Emergency Controller (the Territory Controller) to the Commissioner of Police.

Clause 29.	Functions of Territory Controller

This clause outlines the functions of the Territory Controller as being to control and direct emergency operations in the Territory; to ensure emergency plans are prepared for regions and localities and approve them; and any other functions conferred on him or her by the Emergency Management Council or by this or any other Act.

Clause 30.	Powers of Territory Controller

This clause outlines the powers of the Territory Controller as being the powers necessary to perform his or her functions and any other powers conferred on him or her by this or any other Act.

Clause 31.	Territory Controller subject to directions

This clause provides that the Territory Controller is subject to the directions of the Emergency Management Council.

Division 3	Territory Recovery Coordinator
Clause 32.	Territory Recovery Coordinator

This clause assigns the position of Territory Recovery Coordinator to the Chief Executive Officer of the Department of the Chief Minister.

Clause 33.	Functions of Territory Recovery Coordinator

This clause outlines the functions of the Territory Recovery Coordinator as being to coordinate and direct recovery operations in the Territory and any other functions conferred on him or her by the Emergency Management Council or by this Act.

Clause 34.	Powers of Territory Recovery Coordinator

This clause outlines the powers of the Territory Recovery Coordinator as being the powers necessary to perform his or her functions and any powers conferred on him or her by this Act.

Clause 35.	Territory Recovery Coordinator subject to directions

This clause provides that the Territory Recovery Coordinator is subject to the directions of the Emergency Management Council.

Division 4	Territory Emergency Management Council
Clause 36.	Establishment of Council

This is a technical clause that establishes the Territory Emergency Management Council (the Council).

Clause 37.	Functions of Council

This clause outlines the functions of the Council as being to direct resources for emergency operations and recovery operations in the Territory. As the Council is comprised of agency Chief Executive Officers, direction is facilitated through both their duties as noted in clause 26 of this Act; and by utilising the knowledge, organisation and other support personnel of their individual agencies.

Other functions of the Council include:
·	providing advice to the Minister in relation to emergency planning, emergency operations and recovery operations in the Territory;
·	to consider and approve emergency plans for the Territory;
·	to advise, assist and, if necessary, direct the Territory Controller, the Territory Recovery Coordinator and the Director Northern Territory Emergency Service in the exercise of their powers and the performance of their functions; and,
·	any other functions conferred on it by this or any other Act.

Clause 38.	Powers of Council

This clause outlines the powers of the Emergency Management Council as being the powers necessary to perform its functions and any powers conferred on the Council by this or any other Act.

Clause 39.	Council subject to directions

This clause provides that the Council is subject to the directions of the Minister.

Clause 40.	Membership of Council

This clause outlines the membership of the Council as consisting of the Territory Controller, the Territory Recovery Coordinator, the Director Northern Territory Emergency Service and at least three other members appointed by the Minister in accordance with clause 41.

This clause further provides that the Minister may appoint a member to represent the Commonwealth with their consent.

Clause 41.	How member may be appointed

This clause outlines further how a member of the Council may be appointed by the Minister. The Minister may appoint a person either by name; by reference to the office, position or designation held or occupied by the person; or a person from time to time holding or occupying a named office, position or designation such as acting Chief Executive Officer.

Clause 42.	Co-chairpersons of Council

This clause stipulates that the Territory Controller and Territory Recovery Coordinator are co-chairpersons of the Council.

As the Council has functions in accordance with clause 37 which encompass Territory Controller and Territory Recovery Coordinator functions, co-chairing arrangements ensure good governance across council functions.

Clause 43.	Procedures of Council

This is a technical clause which specifies that the procedures of Council are in accordance with Schedule 1 of the Act which provides procedures for emergency management bodies.

Division 5	Northern Territory Emergency Service
Clause 44.	Continuation of Northern Territory Emergency Service

This is a technical clause which provides for the continuation of the Northern Territory Emergency Service which was in existence under section 17 of the Disasters Act.

Clause 45.	Membership of NTES

This clause determines that the NTES consists of the Director; the Commissioner of Police; those public sector employees employed in the NTES; and, each volunteer member.

Clause 46.	Functions of NTES

This clause outlines the functions of NTES as being to conduct rescue operations, emergency operations and recovery operations, whether or not a state of disaster, state of emergency or emergency situation exists.

Other functions of NTES are to advise, assist, educate and train members of the public and organisations, including agencies and volunteer organisations, in emergency planning and operations; to develop and install communications and operational facilities that may be required by NTES for emergency planning and emergency operations and recovery operations; and any other functions conferred on it by the Council or by this or any other Act.

Clause 47.	Powers of NTES

This clause outlines the powers of NTES as being those necessary to perform its functions and any other powers conferred on it by this or any other Act.

Clause 48.	Director of NTES

This clause provides for the appointment by the Minister of a public sector employee to be the Director NTES.

Clause 49.	Functions of the Director

This clause outlines the functions of the Director NTES as being to:
·	determine the policy and procedures of the NTES;
·	administer and direct the NTES;
·	coordinate any Commonwealth support provided to the Territory for emergency planning, emergency operations and recovery operations;
·	ensure emergency plans for the Territory are prepared;
·	advise and assist Regional and Local Controllers in the performance of their functions; and
·	any other functions conferred on him or her by the Council or by this or any other Act.

Clause 50.	Powers of Director

This clause provides for the Director to have the powers necessary to perform his or her functions and any other powers conferred on him or her by this Act.

Clause 51.	Director subject to directions

This clause stipulates that the Director is subject to the directions of the Territory Controller.

Clause 52.	Volunteer members

This clause permits the Director to appoint volunteer members of the NTES.

Clause 53.	Volunteer units

This clause allows for the Director to establish a volunteer unit within the NTES for a specified locality and that he or she must appoint a volunteer member of the NTES to be the unit officer for each established volunteer unit.

This clause further specifies that the functions of the unit officer are to supervise the activities of the unit and to ensure compliance with the Director’s instructions, policies and procedures; to develop the capacity of the unit to be effective when carrying out emergency operations; to maintain close liaison with their Local Controller during emergency operations and provide the maximum assistance possible; and, any other functions specified by the Director or by this Act.

This clause provides the unit officer with the powers necessary to perform his or her functions and makes him or her responsible for the care and maintenance of equipment made available to the volunteer unit by the Director.

Division 6	Regional Emergency Controller
Clause 54.	Appointment of Regional Controller

This clause stipulates that the Territory Controller must appoint a police officer to be the Regional Controller in each region as defined in accordance with clause 27 of this Act.

Clause 55.	Functions of Regional Controller

This clause specifies the functions of the Regional Controller within their region.  Those functions are to:
·	supervise emergency operations in the region;
·	ensure compliance with the Territory Controller’s instructions, policies and procedures; and,
·	any other functions conferred on them by the Territory Controller or by this Act.

This clause also specifies that the Regional Controller is responsible for the care and maintenance of equipment made available to the region (as opposed to a single volunteer unit within a region) by the Northern Territory Emergency Service.

Clause 56.	Powers of Regional Controller

This clause provides for the Regional Controller of a defined region to have the powers necessary to perform his or her functions and any other powers conferred on him or her by this Act 

Clause 57.	Regional Controller subject to directions

This clause stipulates that each Regional Controller is subject to the directions of the Territory Controller.

Division 7	Regional Emergency Committee
Clause 58.	Establishment of Regional Emergency Committee

This is a technical clause which establishes a Regional Emergency Committee for each region.

Clause 59.	Functions of Regional Emergency Committee

This clause specifies the functions of the Regional Emergency Committee within their region. Those functions are to:
·	direct resources for emergency operations in the region;
·	advise and assist the Regional Controller of the region in the exercise of his or her powers and the performance of his or her functions; and
·	any other functions conferred on the Committee by the Council or by this Act.

Clause 60.	Powers of Regional Emergency Committee

This clause provides for the Regional Emergency Committee to have the powers necessary to perform its functions and any other powers conferred on it by this Act.

Clause 61.	Membership of Regional Emergency Committee

This clause determines that the membership of a Regional Emergency Committee will consist of; the Regional Controller for that region, Local Controllers from within that region; at least 12 persons appointed by the Council and any other person the Committee considers necessary or desirable to appoint.

The 12 persons appointed by the Council are drawn from the following:
·	an NTES member (see clause 45) nominated by the Director;
·	one nominated by the Chief Fire Officer (as defined in section 3(1) of the Fire and Emergency Act);
·	one nominated by the Bushfires Council established under section 6 of the Bushfires Act;
·	one nominated by the Chief Executive Officer (CEO) of the agency responsible for health;
·	one nominated by the CEO of the agency responsible for community welfare services;
·	one nominated by the CEO of the agency responsible for infrastructure;
·	one nominated by the CEO of the agency responsible for roads and transport;
·	one nominated by the CEO of the agency responsible for education;
·	one nominated by the CEO of the Department of the Chief Minister (DCM);
·	one nominated by the CEO of Power Water Corporation (PWC);
·	one nominated by each local government council within the region; and
·	one nominated by the Director to represent non-government welfare agencies.

Clause 62.	How member may be appointed

This clause specifies that members of a Regional Emergency Committee may be appointed either by name; by reference to the office, position or designation held or occupied by the person; or a person from time to time holding or occupying a named office, position or designation such as in an acting role.

Clause 63.	Chairperson of Regional Emergency Committee

This clause provides for the Regional Controller of a defined region to be the chairperson of that Regional Emergency Committee.

Clause 64.	Procedures of Regional Emergency Committee

This is a technical clause which specifies that the procedures of a Regional Emergency Committee are in accordance with Schedule 1 of the Act which provides procedures for emergency management bodies.

Division 8	Regional Recovery Coordinator
Clause 65.	Appointment of Regional Recovery Coordinator

This clause stipulates that the Territory Recovery Coordinator may appoint a Regional Recovery Coordinator for a region that has been affected by an event.

Clause 66.	Functions of Regional Recovery Coordinator

This clause specifies the functions of the Regional Recovery Coordinator for a region. Those functions are to:
·	coordinate the assessment of recovery and restoration requirements in the region;
·	direct and coordinate recovery operations in the region in accordance with any relevant approved emergency plan;
·	ensure compliance with the Territory Recovery Coordinator’s instructions, policies and procedures; and
·	any other functions conferred on the Regional Recovery Coordinator by the Territory Recovery Coordinator or by this Act.

This clause also specifies that the Regional Recovery Coordinator is responsible for the care and maintenance of equipment made available to the region by the Territory.

Clause 67.	Powers of Regional Recovery Coordinator

This clause provides for the Regional Recovery Coordinator to have the powers necessary to perform his or her functions and any other powers conferred on him or her by this Act.

Clause 68.	Regional Recovery Coordinator subject to directions

This clause stipulates that a Regional Recovery Coordinator for a defined region is subject to the directions of the Territory Recovery Coordinator.

Division 9	Regional Recovery Coordination Committee
Clause 69.	Establishment of Regional Recovery Coordination Committee

This is a technical clause which establishes a Regional Recovery Coordination Committee for any region where a Regional Recovery Coordinator has been appointed.

Clause 70.	Functions of Regional Recovery Coordination Committee

This clause specifies the functions of the Regional Recovery Coordination Committee for a region. Those functions are to:
·	direct resources for recovery operations in the region;
·	advise and assist the Regional Recovery Coordinator for the region in the exercise of his or her powers and the performance of his or her functions; and
·	any other functions conferred on it by the Territory Recovery Coordinator or this Act.

Clause 71.	Powers of Regional Recovery Coordination Committee

This clause provides for the Regional Recovery Coordination Committee to have the powers necessary to perform its functions and any other powers conferred on it by this Act.

Clause 72.	Membership of Regional Recovery Coordination Committee

This clause determines that the membership of a Regional Recovery Coordination Committee will consist of; the Regional Recovery Coordinator for the region; the Regional Controller; Local Recovery Coordinators in the region; at least 11 persons appointed by the Council and any other person the Committee considers necessary or desirable to appoint.

The persons appointed by the Council are drawn from the following:
·	an NTES member (see clause 45) nominated by the Director;
·	one nominated by the CEO of the agency responsible for health;
·	one nominated by the CEO of the agency responsible for community welfare services;
·	one nominated by the CEO of the agency responsible for infrastructure;
·	one nominated by the CEO of the agency responsible for roads and transport;
·	one nominated by the CEO of the agency responsible for education;
·	one nominated by the CEO of DCM;
·	one nominated by the CEO of PWC;
·	one nominated by each local government council within the region; and
·	one nominated by the Director to represent non-government welfare agencies.

Clause 73.	How member may be appointed

This clause specifies that members of a Regional Recovery Coordination Committee may be appointed either by name; by reference to the office, position or designation held or occupied by the person; or a person from time to time holding or occupying a named office, position or designation such as in an acting role.

Clause 74.	Chairperson of Regional Recovery Coordination Committee

This clause provides for the Regional Recovery Coordinator of a defined region to be the chairperson of that Regional Recovery Coordination Committee.

Clause 75.	Procedures of Regional Recovery Coordination Committee

This is a technical clause which specifies that the procedures of a Regional Recovery Coordination Committee are in accordance with Schedule 1 of the Act which provides procedures for emergency management bodies.

Division 10	Local Emergency Controller
Clause 76.	Appointment of Local Controller

This clause stipulates that the Territory Controller may appoint a Local Emergency Controller for a locality where he or she considers it necessary to do so.

The person appointed as the Local Controller must be either; the officer in charge of the local police station; a police officer; or, a resident of the locality.

Clause 77.	Functions of Local Controller

This clause specifies the functions of the Local Controller within their locality. Those functions are to:
·	supervise emergency operations in the locality;
·	ensure compliance with the Territory Controller’s and Regional Controller’s instructions, policies and procedures; and
·	any other functions conferred on them by the Territory Controller, Regional Controller or by this Act.

This clause also specifies that the Local Controller is responsible for the care and maintenance of equipment made available to him or her by the Northern Territory Emergency Service.

Clause 78.	Powers of Local Controller

This clause provides that the Local Controller of a location has the powers necessary to perform his or her functions and any other powers conferred on him or her by this Act.

Clause 79.	Local Controller subject to directions

This clause stipulates that each Local Controller is subject to the directions of their relevant Regional Controller.

Division 11	Local Emergency Committee
Clause 80.	Establishment of Local Emergency Committee

This is a technical clause which establishes a Local Emergency Committee for each locality where a Local Controller has been appointed.

Clause 81.	Functions of Local Emergency Committee

This clause specifies the functions of the Local Emergency Committee within their locality. Those functions are to:
·	advise and assist the Local Controller of the locality in the exercise of his or her powers and the performance of his or her functions; and
·	any other functions conferred on the Committee by the Council or by this Act.

Clause 82.	Powers of Local Emergency Committee

This clause provides for the Local Emergency Committee to have the powers necessary to perform its functions and any other powers conferred on it by this Act.

Clause 83.	Membership of Local Emergency Committee

This clause determines that the membership of a Local Emergency Committee will consist of; the Local Controller for that locality, an NTES member (see clause 45) nominated by the Director and appointed by the Council, and any other person the Committee considers necessary or desirable to appoint.

Clause 84.	How member may be appointed

This clause specifies that members of a Local Emergency Committee may be appointed either by name; by reference to the office, position or designation held or occupied by the person; or a person from time to time holding or occupying a named office, position or designation such as in an acting role.

Clause 85.	Chairperson of Local Emergency Committee

This clause provides for the Local Controller of a defined region to be the chairperson of that Local Emergency Committee.

Clause 86.	Procedures of Local Emergency Committee

This is a technical clause which specifies that the procedures of a Local Emergency Committee are in accordance with Schedule 1 of the Act which provides procedures for emergency management bodies.

Division 12	Local Recovery Coordinator
Clause 87.	Appointment of Local Recovery Coordinator

This clause stipulates that the Regional Recovery Coordinator may appoint a Local Recovery Coordinator for a locality within the region that has been affected by an event.

Clause 88.	Functions of Local Recovery Coordinator

This clause specifies the functions of the Local Recovery Coordinator for a locality. Those functions are to:
·	coordinate the assessment of recovery and restoration requirements in the locality;
·	direct and coordinate recovery operations in the locality in accordance with any relevant approved emergency plan;
·	ensure compliance with the Territory Recovery Coordinator’s and Regional Recovery Coordinator’s instructions, policies and procedures; and
·	any other functions conferred on the Local Recovery Coordinator by the Territory Recovery Coordinator, Regional Recovery Coordinator or by this Act.

This clause also specifies that the Local Recovery Coordinator is responsible for the care and maintenance of equipment made available to the locality by the Territory.

Clause 89.	Powers of Local Recovery Coordinator

This clause provides for the Local Recovery Coordinator to have the powers necessary to perform his or her functions and any other powers conferred on him or her by this Act.

Clause 90.	Local Recovery Coordinator subject to directions

This clause stipulates that a Local Recovery Coordinator for a defined locality is subject to the directions of the Regional Recovery Coordinator for that region.

Division 13	Local Recovery Coordination Committee
Clause 91.	Establishment of Local Recovery Coordination Committee

This is a technical clause which allows the Territory Recovery Coordinator to establish a Local Recovery Coordination Committee for a location where a Local Recovery Coordinator has been appointed.

Clause 92.	Functions of Local Recovery Coordination Committee

This clause specifies the functions of the Local Recovery Coordination Committee for a locality. Those functions are to:
·	direct resources for recovery operations in the locality;
·	advise and assist the Local Recovery Coordinator for the locality in the exercise of his or her powers and the performance of his or her functions; and
·	any other functions conferred on it by the Territory Recovery Coordinator, Regional Recovery Coordinator or this Act.

Clause 93.	Powers of Local Recovery Coordination Committee

This clause provides for the Local Recovery Coordination Committee to have the powers necessary to perform its functions and any other powers conferred on it by this Act.

Clause 94.	Membership of Local Recovery Coordination Committee

This clause determines that the membership of a Local Recovery Coordination Committee will consist of; the Local Recovery Coordinator for the locality; the Local Controller; and any other person the Committee considers necessary or desirable to appoint.

Clause 95.	How member may be appointed

This clause specifies that members of a Local Recovery Coordination Committee may be appointed either by name; by reference to the office, position or designation held or occupied by the person; or a person from time to time holding or occupying a named office, position or designation such as in an acting role.

Clause 96.	Chairperson of Local Recovery Coordination Committee

This clause provides for the Local Recovery Coordinator of a locality to be the chairperson of that Local Recovery Coordination Committee.

Clause 97.	Procedures of Local Recovery Coordination Committee

This is a technical clause which specifies that the procedures of a Local Recovery Coordination Committee are in accordance with Schedule 1 of the Act which provides procedures for emergency management bodies.

Part 5	Enforcement
Division 1	Authorised officers
Clause 98.	Authorised officers

This clause provides specifies those positions which when held are deemed to be authorised officers for the purposes of this Act.

The following are authorised officers and may appoint another person to be an authorised officer:
·	the Territory Controller;
·	the Territory Recovery Coordinator;
·	the Director NTES;
·	a Regional Controller;
·	a Regional Recovery Coordinator;
·	a Local Controller; and
·	a Local Recovery Coordinator.
 
Any police officer is also an authorised officer for the purposes of this Act.

Clause 99.	Issue of identity card

This clause stipulates that the Director NTES must give each authorised officer who is not a police officer, as defined in clause 98, an identity card. The card must state the person’s name and that the person is an authorised officer, display a recent photograph of the officer, show a date of issue and be signed by the authorised officer.

Clause 100.	Return of identity card

This clause stipulates that a person who ceases to be an authorised officer must return their identity card to the Director NTES within 21 days.

The clause also creates an offence for a person who ceases to be an authorised officer and does not return their identity card to the Director within 21 days. The offence is punishable by up to 20 penalty units.

Division 2	Offences relating to authorised officers
Clause 101.	Failure to comply with direction

This clause creates an offence for a person who fails to comply with a direction from an authorised officer when the person knows the other person is an authorised officer acting in an official capacity and has given the person a direction under clauses 23 or 24. The offence is punishable by up to 12 months imprisonment or 100 penalty units.

Clause 102.	Falsely representing to be authorised officer

This clause creates an offence for a person with intent to deceive, falsely represents themselves or another person as an authorised officer. The offence is punishable by up to two years imprisonment or 200 penalty units.

Clause 103.	Obstructing authorised officer

This clause creates an offence for a person who knowingly obstructs (hinders or resists) an authorised officer who is acting in an official capacity. Acting in an official capacity means the authorised officer is exercising powers or performing functions under, or otherwise related to the administration of this Act. The offence is punishable by up to two years imprisonment or 200 penalty units.

Clause 104.	Misleading information

This clause creates an offence for a person to knowingly give misleading information to an authorised person who is acting in an official capacity. The offence is punishable by up to two years imprisonment or 400 penalty units.

This clause creates an offence for a person to pass a document which they know contains misleading information to an authorised person who is acting in an official capacity, without drawing their attention to the misleading information or remedying the document. The offence is punishable by up to two years imprisonment or 400 penalty units.

Division 3 	Miscellaneous matters
Clause 105.	Entering Aboriginal land

This clause provides that authorised officers may enter and remain on Aboriginal land (as defined in section 3 of the Aboriginal Lands Act) as reasonably necessary to exercise a power or perform a function under this Act.

Clause 106.	Criminal liability of executive officer of body corporate

This clause establishes that an executive officer of a body corporate commits an offence under this Act if the body corporate commits an offence which the officer, although in a position to do so, failed to prevent; or was reckless about whether it would occur.

Part 6	Compensation for loss
Clause 107.	Definitions

This clause defines a claimant as the owner or occupier of property who suffers loss because the property is placed under the control of an authorised officer under clause 23(1)(e).

Clause 108.	Limitation on compensation

This clause provides that a claimant is not entitled to compensation from the Territory for a loss to the extent of any amount recovered or recoverable under an insurance policy or if the claimant’s conduct contributed to the loss.

Clause 109.	Application for compensation

This clause allows for a claimant to stipulate particulars of the loss, the amount claimed and the basis for the amount claimed in writing to the Minister.

Clause 110.	Decision on application

This clause provides for the Minister to decide the application for compensation within 28 days from receipt. If satisfied that the claimant is entitled to compensation, the Minister must accept the claim in writing and set out a compensation offer to the claimant which includes an explanation of how the amount was decided.

The claimant may then accept or reject the offer in writing.

It is taken as a refusal to pay compensation if the Minister does not decide the application within 28 days of receipt.  

Clause 111.	Application to court

This clause provides an avenue for a claimant to apply to a court to recover reasonable compensation if the Minister refuses to pay or the claimant does not accept the offer made to them.

Part 7	Miscellaneous matters
Clause 112.	Delegation

This clause provides for the following persons to delegate their powers and functions under this Act to another person:
·	the Minister;
·	the Territory Controller;
·	the Territory Recovery Coordinator;
·	the Director;
·	a Regional Controller; and
·	a Regional Recovery Coordinator.

A Local Controller may also delegate powers and functions to another person but only with the written consent of their relevant Regional Controller.

A Local Recovery Coordinator may also delegate powers and functions to another person but only with the written consent of their relevant Regional Recovery Coordinator.

Clause 113.	Protection from liability

This clause protects a member of an emergency management body, an authorised officer or a member of NTES for being held civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function under this Act.

Clause 114.	Protection of employment

This clause protects a person required to carry out functions under this Act and as a result is absent from usual employment. The clause provides that the person is not liable for dismissal or loss of their usual employment rights or benefits.

Clause 115.	Regulations

This clause provides for the Administrator to make regulations under this Act.

Part 8	Repeals and transitional matters
Division 1	Repeals
Clause 116.	Repeals

This clause repeals the Acts listed in Schedule 2 of this Act which are:
·	Disasters Act 1982;
·	Disasters Amendment Act 1988; and
·	Disasters Amendment Act 2007.

Division 2	Transitional matters
Subdivision 1	Interpretation
Clause 117.	Definitions

This clause defines the commencement day as the day on which the Acts in clause 116 are repealed. This clause defines the term; repealed Act as meaning the Disasters Act.

Subdivision 2	Office holders
Clause 118.	Members of Council

This clause provides for members of the Northern Territory Counter Disaster Council appointed under section 7(2)(c) of the Disasters Act to be members of the Territory Emergency Management Council appointed under clause 40(1)(d) of this Act.

Clause 119.	Members of Regional Counter Disaster Planning Committee

This clause provides for members of a Regional Counter Disaster Planning Committee under section 24 of the Disasters Act, to be members of the Regional Emergency Committee for their region under clause 61 of this Act.

Clause 120.	Members of Local Counter Disaster Planning Committee

This clause provides for members of a Local Counter Disaster Council under section 30(1)(b) of the Disasters Act, to be members of the Local Emergency Committee for their locality under clause 83(b) of this Act.

Clause 121.	Director of NTES

This clause provides for the person who was the Director NTES under section 14 of the Disasters Act, to be the Director NTES appointed under clause 48 of this Act.

Clause 122.	Regional Controllers

This clause provides for a person who was a Regional Counter Disaster Controller under section 22 of the Disasters Act, to be the Regional Emergency Controller for their region under clause 54 of this Act.

Clause 123.	Local Controllers

This clause provides for a person who was a Local Counter Disaster Controller under section 28 of the Disasters Act, to be the Local Emergency Controller for their locality under clause 76 of this Act.

Clause 124.	Authorised persons

This clause provides for a person who was an authorised person under sections 37(4) and 38(5) of the Disasters Act, to be an authorised person appointed under clause 98(2) of this Act.

Clause 125.	Voluntary members of NTES

This clause provides for a person who was a voluntary member of NTES defined in section 4 of the Disasters Act, to be a volunteer member of the NTES appointed under clause 52 of this Act.

Subdivision 3	Instruments
Clause 126.	Regions

This clause provides for a region which has been defined and published in the Gazette under section 9(2)(b) of the Disasters Act, to be a region under clause 27 of this Act.

Clause 127.	Counter disaster plans

This clause provides for a counter disaster plan approved under section 9(1)(b) of the Disasters Act, to be an approved emergency plan for the Territory under clauses 10(3), 13(2) and 16(2) of this Act, and published in the Gazette.

Part 9	Consequential amendments
Clause 128.	Acts amended

This clause amends 9 Acts listed in Schedule 3 of this Act.

Clause 129.	Regulations amended

This clause amends the Traffic Regulations and Work Health and Safety Regulations as listed in Schedule 4 of this Act.