Emergency Management Act 2005
Emergency Management Regulations 2006
Reprint 3: The regulations as at 7 March 2014
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Western Australia
Emergency Management Regulations 2006
Contents
Part 1 — Preliminary
1.Citation1
Part 2 — The State Emergency Management Committee
2.Appointment by Minister of members of SEMC (Act s. 13(2))2
3.Term of office2
4.Vacancies2
5.Leave of absence3
6.Chairman unable to act3
7.Deputy members3
8.Saving for acts etc. of deputies4
9.Calling meetings4
10.Quorum4
11.Minutes4
12.Holding meetings by telephone etc.5
13.Resolution without meeting5
Part 3 — Hazard management
14.Terms used6
15.Events, situations and conditions prescribed as hazards6
16.Hazard management agency — Commissioner of Police7
17.Hazard management agency — FES Commissioner8
18.Hazard management agency — State Human Epidemic Controller9
19.Hazard management agency — Agriculture Director General9
20.Hazard management agency — Public Transport Authority9
21.Hazard management agency — Brookfield Rail Pty Limited10
22.Hazard management agency — State Health Coordinator10
23A.Hazard management agency — Marine Safety, General Manager11
23B.Hazard management agency — Coordinator of Energy12
Part 4 — Exchange of information
23.Prescribed relevant information (Act s. 72)13
24.Disclosure of relevant information (Act s. 72(2))13
25.Storing disclosed relevant information (Act s. 72(2))14
Part 5 — Combat agencies and support organisations
26.Combat agency — Department of Health15
27.Combat agency — St John Ambulance Australia (Western Australia) Incorporated15
28.Combat agency — Police Force of Western Australia15
29.Combat agency — Police Service15
30.Combat agency — Department of Environment and Conservation15
31.Combat agency — local government16
32.Support organisation — Department for Child Protection16
Notes
Compilation table17
Defined terms
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Western Australia
Emergency Management Act 2005
Emergency Management Regulations 2006
[Heading inserted in Gazette 12 Jan 2007 p. 50.]
Part 2 — The State Emergency Management Committee
[Heading inserted in Gazette 12 Jan 2007 p. 50.]
2.Appointment by Minister of members of SEMC (Act s. 13(2))
In addition to the members referred to in section 13(2)(a), (b), (c) and (d) of the Act, the SEMC is to consist of not more than 7 other members appointed by the Minister.
[Regulation 2 inserted in Gazette 29 Jan 2013 p. 330.]
(1)Subject to regulation 4, a member holds office —
(a)if the member is appointed ex officio and a term of office is not specified in the instrument of his or her appointment, until the Minister terminates the appointment; or
(b)otherwise, for the term, not exceeding 3 years, specified in the instrument of his or her appointment.
(2)A member may from time to time be reappointed.
(3)A member whose term of office expires by the passage of time continues in office until that member is reappointed or the successor of that member comes into office.
(1)The office of a member becomes vacant if —
(a)the member resigns the office by written notice addressed to the Minister; or
[(b)deleted]
(c)the Minister terminates the appointment under regulation 3(1)(a) or removes the member from office under subregulation (2).
(2)The Minister may remove a member who holds office for a specified term from office if the Minister is satisfied that the member —
(a)has neglected his or her duty; or
(b)has misbehaved; or
(c)is incompetent; or
(d)is suffering from mental or physical incapacity impairing the performance of his or her functions as a member; or
(e)has been absent, without leave or reasonable excuse, from 3 consecutive meetings of the SEMC of which the member has had notice.
[Regulation 4 amended in Gazette 29 Jan 2013 p. 330.]
The SEMC may grant leave of absence to a member on any terms and conditions it thinks fit.
If the chairman is unable to act because of illness, absence or other cause, or during any vacancy in that office, the deputy chairman must perform the functions of the chairman.
(1)The Minister may appoint one or more persons to be deputies of a member other than the chairman.
(2)The Minister must ensure that each deputy of a member has expertise or experience that, in the Minister’s opinion, is relevant to the functions of the SEMC.
(3)A deputy of a member may perform the functions of the member when the member is unable to act because of illness, absence or other cause.
(4)If the member who is the deputy chairman is performing the functions of the chairman, a deputy of the member may act in his or her place as a member.
(5)The Minister may terminate the appointment of a person under this regulation at any time.
(6)A deputy of a member, while acting as a member, has all the functions of, and all the protection given to, a member.
8.Saving for acts etc. of deputies
No act or omission of a person acting in place of another under regulation 6 or 7 is to be questioned on the ground that the occasion for his or her appointment or acting had not arisen or had ceased.
(1)Subject to subregulation (2), meetings are to be held at the times and places that the SEMC determines.
(2)The chairman may at any time convene a special meeting of the SEMC.
At a meeting of the SEMC a quorum is constituted by at least half of the number of members in office, of whom one is the chairman or deputy chairman appointed under section 13 of the Act.
The SEMC must cause accurate minutes to be kept of the proceedings at its meetings and of each resolution passed by the SEMC.
12.Holding meetings by telephone etc.
The presence of a member at a meeting of the SEMC need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, or other means of instantaneous communication.
A resolution in writing signed by each member of the SEMC or assented to by each member by letter, facsimile transmission, electronic mail or other written means has effect as if it had been passed at a meeting of the SEMC.
[Heading inserted in Gazette 12 Jan 2007 p. 50.]
In this Part —
corridor land has the meaning given in the Rail Freight System Act 2000 section 3;
railway infrastructure includes railway track, associated track structures, over or under track structures, supports (including supports for equipment or items associated with the use of a railway), tunnels, bridges, stations, platforms and workshops;
ship has the meaning given in the Navigation Act 1912 (Commonwealth) section 6(1).
[Regulation 14 inserted in Gazette 12 Jan 2007 p. 50‑1; amended in Gazette 18 Mar 2008 p. 867; 13 Jan 2009 p. 55‑6; 10 Sep 2010 p. 4345; 29 Jan 2013 p. 330.]
15.Events, situations and conditions prescribed as hazards
In addition to the events prescribed in paragraphs (a) to (e) of the definition of hazard in section 3 of the Act, the following events, situations or conditions are prescribed to be hazards —
(a)persons lost or in distress on land, requiring significant coordination of search operations;
(b)persons lost or in distress on inland waterways within the limits of a port or in a fishing vessel or pleasure craft within the limits of a port or at sea;
(c)radiation escape from nuclear powered warship;
(d)space re‑entry debris;
(e)injury or threat to life of persons trapped by the collapse of a structure or landform;
(f)actual or impending spillage, release or escape of a chemical, biological, radiological or other substance that is capable of causing loss of life, injury to a person or damage to the health of a person, property or the environment;
(g)human epidemic;
(h)the presence of —
(i)an animal or plant pest; or
(ii)an animal or plant disease;
(i)actual or impending event involving a ship that is capable of causing loss of life, injury to a person or damage to the health of a person, property or the environment;
(j)actual or impending spillage, release or escape of oil or an oily mixture that is capable of causing loss of life, injury to a person or damage to the health of a person, property or the environment;
(k)loss of or interruption to the supply of natural gas, or liquid fuel as defined in the Liquid Fuel Emergency Act 1984 (Commonwealth) section 3(1), that is capable of causing or resulting in loss of life, prejudice to the safety, or harm to the health, of a person;
(l)loss of or interruption to the supply of electricity that is capable of causing or resulting in loss of life, prejudice to the safety, or harm to the health, of a person.
[Regulation 15 inserted in Gazette 12 Jan 2007 p. 51; amended in Gazette 18 Mar 2008 p. 867; 29 Apr 2008 p. 1577‑8; 10 Sep 2010 p. 4345; 3 Dec 2010 p. 6056; 15 Oct 2013 p. 4673.]
16.Hazard management agency — Commissioner of Police
(1)The Commissioner of Police is the hazard management agency for emergency management of the following hazards for the whole of the State —
(a)air crash;
(b)road crash;
(c)persons lost or in distress on land, requiring significant coordination of search operations;
(d)persons lost or in distress on inland waterways within the limits of a port or in a fishing vessel or pleasure craft within the limits of a port or at sea;
(e)radiation escape from nuclear powered warship;
(f)space re‑entry debris;
(g)a terrorist act as defined in The Criminal Code section 100.1 set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.
[(2)deleted]
[Regulation 16 inserted in Gazette 12 Jan 2007 p. 51‑2; amended in Gazette 13 Jan 2009 p. 56; 29 Jan 2013 p. 330.]
17.Hazard management agency —
(1)In this regulation —
FES Commissioner means the chief executive officer of the department of the Public Service principally assisting in the administration of the Fire and Emergency Services Act 1998.
(2)The FES Commissioner is the hazard management agency for emergency management of the following hazards for the whole of the State —
(a)injury or threat to life of persons trapped by the collapse of a structure or landform;
(b)cyclone;
(c)earthquake;
(d)flood;
(e)storm;
(f)tsunami;
(g)actual or impending spillage, release or escape of a chemical, radiological or other substance that is capable of causing loss of life, injury to a person or damage to the health of a person, property or the environment;
(h)fire.
[Regulation 17 inserted in Gazette 12 Jan 2007 p. 52; amended in Gazette 3 Dec 2010 p. 6057; 31 Oct 2012 p. 5254; 29 Jan 2013 p. 331.]
18.Hazard management agency — State Human Epidemic Controller
The State Human Epidemic Controller, Department of Health, is the hazard management agency for emergency management of the hazard of human epidemic for the whole of the State.
[Regulation 18 inserted in Gazette 29 Jan 2013 p. 331.]
19.Hazard management agency — Agriculture Director General
(1)In this regulation —
Agriculture Director General means the Director General as defined in the Biosecurity and Agriculture Management Act 2007 section 6.
(2)The Agriculture Director General is the hazard management agency for emergency management of the hazard set out in regulation 15(h) for the whole of the State.
[Regulation 19 inserted in Gazette 29 Apr 2008 p. 1578; amended in Gazette 29 Jan 2013 p. 331.]
20.Hazard management agency — Public Transport Authority
(1)In this regulation —
Public Transport Authority means the Public Transport Authority of Western Australia established by the Public Transport Authority Act 2003 section 5(1).
(2)The Public Transport Authority is the hazard management agency of the hazard rail crashes —
(a)for emergency management; and
(b)for that area of the State comprising any parcel of land other than corridor land on which railway infrastructure controlled, operated, maintained or managed by the Authority is situated.
[Regulation 20 inserted in Gazette 13 Jan 2009 p. 56‑7.]
21.Hazard management agency —
Brookfield Rail Pty Limited is the hazard management agency of the hazard rail crashes —
(a)for emergency management; and
(b)for that area of the State comprising any parcel of land or corridor land on which railway infrastructure operated, maintained or managed by Brookfield Rail Pty Limited is situated.
[Regulation 21 inserted in Gazette 13 Jan 2009 p. 57; amended in Gazette 13 Mar 2012 p. 1034.]
22.Hazard management agency — State Health Coordinator
The State Health Coordinator, Department of Health, is the hazard management agency for emergency management of the following hazards for the whole of the State —
(a)actual or impending spillage, release or escape of a biological substance that is capable of causing loss of life, injury to a person or damage to the health of a person, property or the environment;
(b)heatwave.
[Regulation 22 inserted in Gazette 29 Jan 2013 p. 331-2.]
23A.Hazard management agency — Marine Safety, General Manager
(1)In this regulation —
waters of the State means —
(a)all waters within the limits of the State; and
(b)all coastal waters of the State within the meaning given in the Coastal Waters (State Powers) Act 1980 (Commonwealth) section 3(1).
(2)The Marine Safety, General Manager, Department of Transport is the hazard management agency of the hazard set out in regulation 15(i) —
(a)for emergency management; and
(b)for the following area or areas —
(i)the waters of the State;
(ii)the area of a port as defined in the Shipping and Pilotage Act 1967 section 3;
(iii)the area described in relation to a port by order made by the Governor under the Port Authorities Act 1999 section 24.
(3)Despite regulation 17(2), the Marine Safety, General Manager, Department of Transport is the hazard management agency of the hazard set out in regulation 15(j) —
(a)for emergency management; and
(b)for the following area or areas —
(i)the waters of the State;
(ii)the area of a port as defined in the Shipping and Pilotage Act 1967 section 3;
(iii)the area described in relation to a port by order made by the Governor under the Port Authorities Act 1999 section 24.
[Regulation 23A inserted in Gazette 10 Sep 2010 p. 4345‑6; amended in Gazette 29 Jan 2013 p. 332.]
23B.Hazard management agency — Coordinator of Energy
The Coordinator as defined in the Energy Coordination Act 1994 section 3(1) is the hazard management agency for emergency management of the hazards set out in regulation 15(k) and (l) for the whole of the State.
[Regulation 23B inserted in Gazette 29 Jan 2013 p. 332; amended in Gazette 15 Oct 2013 p. 4674.]
Part 4 — Exchange of information
[Heading inserted in Gazette 19 Feb 2010 p. 661.]
23.Prescribed relevant information (Act s. 72)
For the purpose of the definition of relevant information in section 72(1) of the Act, each of the following kinds of information is prescribed —
(a)information about the loss suffered by a person, the assistance requested by a person and the assistance provided to or approved for a person;
(b)information about the owner or occupier of real property;
(c)information relating to a person’s finances or insurance.
[Regulation 23 inserted in Gazette 19 Feb 2010 p. 661‑2.]
24.Disclosure of relevant information (Act s. 72(2))
(1)During an emergency situation or state of emergency, a hazard management officer or an authorised officer may disclose relevant information to a person or entity engaged by an emergency management agency to provide welfare services.
(2)An agency to which relevant information is disclosed under section 72(2)(a)(i) of the Act must not further disclose that information unless it is reasonably necessary to do so for a purpose related to emergency management.
Penalty: a fine of $1 000.
(3)A person or entity to which relevant information is disclosed under section 72(2)(a)(ii) of the Act must not further disclose that information unless it is reasonably necessary to do so for a purpose related to emergency management.
Penalty: a fine of $1 000.
[Regulation 24 inserted in Gazette 19 Feb 2010 p. 662.]
25.Storing disclosed relevant information (Act s. 72(2))
An agency, person or entity to which relevant information is disclosed under section 72(2)(a) of the Act must ensure that that information is kept in a secure manner so far as it is reasonably practicable to do so.
Penalty: a fine of $1 000.
[Regulation 25 inserted in Gazette 19 Feb 2010 p. 662.]
Part 5 — Combat agencies and support organisations
[Heading inserted in Gazette 19 Jul 2011 p. 2985.]
26.Combat agency — Department of Health
The Department of Health is a combat agency responsible for the emergency management activity of providing health services.
[Regulation 26 inserted in Gazette 19 Jul 2011 p. 2985.]
27.Combat agency —
St John Ambulance Australia (
[Regulation 27 inserted in Gazette 19 Jul 2011 p. 2986.]
28.Combat agency — Police Force of
The Police Force of Western Australia is a combat agency responsible for the emergency management activity of disaster victim identity management.
[Regulation 28 inserted in Gazette 19 Jul 2011 p. 2986.]
29.Combat agency — Police Service
The Police Service is a combat agency responsible for the emergency management activity of disaster victim identity management.
[Regulation 29 inserted in Gazette 19 Jul 2011 p. 2986.]
30.Combat agency — Department of Environment and Conservation
The Department of Environment and Conservation 2 is a combat agency responsible for the emergency management activity of fire suppression.
[Regulation 30 inserted in Gazette 19 Jul 2011 p. 2986.]
31.Combat agency — local government
A local government is a combat agency responsible for the emergency management activity of fire suppression.
[Regulation 31 inserted in Gazette 19 Jul 2011 p. 2986.]
32.Support organisation — Department for Child Protection
The Department for Child Protection 3 is a support organisation responsible for the emergency management activity of providing welfare services.
[Regulation 32 inserted in Gazette 19 Jul 2011 p. 2986.]
1This reprint is a compilation as at 7 March 2014 of the Emergency Management Regulations 2006 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Emergency Management Regulations 2006 |
21 Apr 2006 p. 1582‑4 |
21 Apr 2006 |
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Emergency Management Amendment Regulations 2006 |
12 Jan 2007 p. 50‑2 |
12 Jan 2007 |
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Emergency Management Amendment Regulations 2008 |
18 Mar 2008 p. 866‑7 |
r. 1 and 2: 18 Mar 2008 (see r. 2(a)); |
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Reprint 1: The Emergency Management Regulations 2006 as at 18 Apr 2008 (includes amendments listed above) |
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Emergency Management Amendment Regulations (No. 2) 2008 |
29 Apr 2008 p. 1577‑8 |
r. 1 and 2: 29 Apr 2008 (see r. 2(a)); |
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Emergency Management Amendment Regulations (No. 3) 2008 |
13 Jan 2009 p. 55‑7 |
r. 1 and 2: 13 Jan 2009 (see r. 2(a)); |
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Emergency Management Amendment Regulations (No. 2) 2009 |
19 Feb 2010 p. 661‑2 |
r. 1 and 2: 19 Feb 2010 (see r. 2(a)); |
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Emergency Management Amendment Regulations 2010 |
10 Sep 2010 p. 4344‑6 |
r. 1 and 2: 10 Sep 2010 (see r. 2(a)); |
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Emergency Management Amendment Regulations (No. 2) 2010 |
3 Dec 2010 p. 6055‑6 |
r. 1 and 2: 3 Dec 2010 (see r. 2(a)); |
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Emergency Management Amendment Regulations (No. 3) 2010 |
3 Dec 2010 p. 6056‑7 |
r. 1 and 2: 3 Dec 2010 (see r. 2(a)); |
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Reprint 2: The Emergency Management Regulations 2006 as at 1 Apr 2011 (includes amendments listed above) |
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Emergency Management Amendment Regulations 2011 |
19 Jul 2011 p. 2985‑6 |
r. 1 and 2: 19 Jul 2011 (see r. 2(a)); |
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Emergency Management Amendment Regulations 2012 |
13 Mar 2012 p. 1034-5 |
r. 1 and 2: 13 Mar 2012 (see r. 2(a)); |
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Emergency Management Amendment Regulations (No. 2) 2012 |
31 Oct 2012 p. 5253‑4 |
r. 1 and 2: 31 Oct 2012 (see r. 2(a)); |
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Emergency Management Amendment Regulations (No. 3) 2012 |
29 Jan 2013 p. 329-32 |
r. 1 and 2: 29 Jan 2013 (see r. 2(a)); |
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Emergency Management Amendment Regulations 2013 |
15 Oct 2013 p. 4673-4 |
r. 1 and 2: 15 Oct 2013 (see r. 2(a)); |
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Reprint 3: The Emergency Management Regulations 2006 as at 7 Mar 2014 (includes amendments listed above) |
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2Under the Alteration of Statutory Designations Order (No. 2) 2013 a reference in any law to the Department of Environment and Conservation is to be read and construed as a reference to the Department of Parks and Wildlife.
3Under the Alteration of Statutory Designations Order (No. 5) 2013 a reference in any law to the Department of Child Protection is to be read and construed as a reference to the Department of Child Protection and Family Support.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
corridor land14
FES Commissioner17(1)
Public Transport Authority20(1)
railway infrastructure14
ship14
waters of the State23A(1)
By Authority: JOHN A. STRIJK, Government Printer