New South Wales Consolidated Acts

STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 3

3 Definitions

(1) In this Act:
"accredited rescue unit" means a rescue unit accredited by the Minister under Division 4 of Part 3.
"agency" means a government agency or a non-government agency.
"Chief Executive, Emergency Management NSW" means the person holding office under Chapter 1A of the Public Sector Employment and Management Act 2002 as the chief executive of Emergency Management NSW.
"combat agency" means the agency identified in Displan as the agency primarily responsible for controlling the response to a particular emergency.
"control" means the overall direction of the activities, agencies or individuals concerned.
"co-ordination" means the bringing together of agencies and individuals to ensure effective emergency or rescue management, but does not include the control of agencies and individuals by direction.
"Displan" means the State Disaster Plan referred to in section 12.
"district" means a district established under section 21.
"District Emergency Management Committee" means a District Emergency Management Committee constituted under Part 2.
"emergency" has the meaning given by section 4.
"Emergency Management NSW" means that part of the Government Service comprising the group of staff who are principally involved in the administration of this Act.
"emergency operations centre" means a centre established under this Act at a State, district or local level as a centre of communication, and as a centre for the co-ordination of operations and support, during an emergency.
"emergency services organisation" means the NSW Police Force, Fire Brigades, Rural Fire Brigades, Ambulance Service, State Emergency Service, Volunteer Rescue Association or any other agency which manages or controls an accredited rescue unit.
"functional area" means a category of services involved in the preparations for an emergency, including the following:

(a) agricultural and animal services,

(b) communication services,

(c) engineering services,

(d) environmental services,

(e) health services,

(f) public information services,

(g) transport services,

(h) welfare services.

"government agency" means:

(a) a Department within the meaning of the Public Sector Employment and Management Act 2002 ,

(b) a public authority, being a body (whether incorporated or not) established by or under an Act for a public purpose, other than:

(i) the Legislative Council or Legislative Assembly or a committee of either or both of those bodies, or

(ii) a court or other judicial tribunal,

(c) the NSW Police Force,

(d) a local government council or other local authority, or

(e) a member or officer of an agency referred to in paragraphs (a)-(d) or any other person in the service of the Crown who has statutory functions, other than:

(i) the Governor, the Lieutenant-Governor or the Administrator of the State,

(ii) a Minister of the Crown,

(iii) a member of the Legislative Council or Legislative Assembly or an officer of that Council or Assembly, or

(iv) a judicial officer.

"Local Emergency Management Committee" means a Local Emergency Management Committee constituted under Part 2.
"local government area" means an "area" within the meaning of the Local Government Act 1993 and includes a combined local government area as referred to in section 27.
"non-government agency" means a voluntary organisation or any other private individual or body, other than a government agency.
"recovery agency" means the agency identified in Displan as the agency primarily responsible for controlling the recovery from a particular emergency.
"rescue" means the safe removal of persons or domestic animals from actual or threatened danger of physical harm.
"State Disasters Council" means the State Disasters Council constituted under Part 2.
"State Emergency Management Committee" means the State Emergency Management Committee constituted under Part 2.
"State Emergency Operations Controller" -see section 18.
"State Emergency Recovery Controller" -see section 20A.
"State Emergency Service" means the State Emergency Service constituted under the State Emergency Service Act 1989 .
"state of emergency" means a state of emergency declared under Division 4 of Part 2 and for the time being in force.
"State Rescue Board" means the State Rescue Board of New South Wales constituted under Part 3.

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.