EMERGENCIES
Emergency management plans and the laws that underpin them SALLY CONNELL, SENIOR SOLICITOR, COMMERCIAL, ENVIRONMENT AND NATIVE TITLE SECTION, CROWN SOLICITOR’S OFFICE
T
he current COVID-19 outbreak has brought to public attention South Australia’s capacity to manage emergencies, by declaring a major emergency and the giving of directions. However, South Australia’s emergency management legislation provides a much broader and multi-faceted framework for managing any emergency.
THE EMERGENCY MANAGEMENT ACT South Australia’s emergency management framework is established under the Emergency Management Act 2004 (EM Act).1 Under the EM Act, an emergency may be declared an identified major incident, a major emergency or a disaster (“emergency declarations” and “declared emergencies”).2 However, the legislative framework applies to all emergencies, regardless of whether any declaration is made pursuant to the EM Act. The definition of emergency means an event that causes, or threatens to cause: 3 • the death of, or injury or other damage to the health of, any person; • the destruction of, or damage to, any property; • a disruption to essential services or to services usually enjoyed by the community; or • harm to the environment, or to flora or fauna. The guiding principles under the EM Act require emergency management arrangements to:4 • address emergency prevention, preparedness, response and recovery; and • reflect the collective responsibility of all sectors of the community; and • recognise that effective arrangements require a co-ordinated approach from all sectors of the community. The EM Act therefore contemplates emergency management arrangements to include collaboration between State and local government, the business and nongovernment sectors, and individuals.
14 THE BULLETIN September 2020
THE STATE EMERGENCY MANAGEMENT PLAN The EM Act requires the preparation, maintenance and review of the State Emergency Management Plan (SEMP). The SEMP is prepared, reviewed and maintained by the State Emergency Management Committee (SEMC) and is comprised of four parts and accompanying annexures. The SEMP must include strategies for the prevention of emergencies, the preparedness for emergencies, the containment of emergencies, the co-ordination of response and recovery operations, and the orderly and efficient deployment of resources and services in connection with response and recovery operations.5 It provides the roles and responsibilities of specified agencies, including the command structure for emergency management.
COMMAND STRUCTURE The EM Act and the SEMP provide a command structure and specific functions and powers for responding to, and managing emergencies. The SEMC is established by the EM Act.6 In addition to its role of preparing, reviewing and maintaining the SEMP, the SEMC maintains oversight of, and provides leadership and advice with respect to, emergency management planning for South Australia.
operations in accordance with the EM Act and the SEMP.8 Where an emergency declaration is in force the State Coordinator must implement the SEMP and cause appropriate response and recovery operations to be carried out.9 The State Co-ordinator may appoint Assistant State Co-ordinators to assist with the exercise of the State Co-ordinator’s functions and powers. Assistant State Coordinators have the functions and powers that are delegated to them by the State Coordinator or assigned by SEMC.10 The State Co-ordinator may also appoint authorised officers.11 The State Coordinator may direct authorised officers to take action for the purposes of carrying out recovery operations in accordance with the SEMP.12 SAPOL is the Co-ordinating Agency for all emergencies except where the SEMP has designated otherwise.13 During an emergency, the Co-ordinating Agency is responsible for consulting with the Control Agency and facilitating the exercise of functions or powers by the Control Agency. The State Co-ordinator and authorised officers have significant powers which may be exercised in relation to declared emergencies while the declaration is in force.14 The powers in section 25 include the power to give directions. Failure to comply with a requirement or direction of the State Co-ordinator or an authorised officer given during a declared emergency is a criminal offence.15
EMERGENCY CO-ORDINATION The co-ordination of response and recovery operations during an emergency are the responsibility of the State Coordinator, Assistant State Co-ordinators, the Co-ordinating Agency, and Authorised officers. The State Co-ordinator is usually the person holding or acting in the position of Commissioner of Police.7 The State Co-ordinator is responsible for managing and co-ordinating response and recovery
EMERGENCY CONTROL The State Controller is the leader of a Control Agency.16 A Control Agency and a State Controller will have responsibility for a particular emergency. The State Controller of the Control Agency for an emergency provides overall control to the operations at the emergency. The SEMP assigns to a person or agency the function of exercising control of persons and agencies involved in
