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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2024-11-27 Daily Xml
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Emergency Management (Miscellaneous) Amendment Bill

Introduction and First Reading

The Hon. D.R. CREGAN (Kavel—Minister for Police, Emergency Services and Correctional Services, Special Minister of State) (17:38): Obtained leave and introduced a bill for an act to amend the Emergency Management Act 2004. Read a first time.

Second Reading

The Hon. D.R. CREGAN (Kavel—Minister for Police, Emergency Services and Correctional Services, Special Minister of State) (17:38): I move:

That this bill be now read a second time.

I rise to introduce the Emergency Management (Miscellaneous) Amendment Bill 2024. This bill amends the South Australian Emergency Management Act 2004 to implement recommendations of the Independent Review of the Emergency Management Act 2004: Final Report. The final report included 28 recommendations, all of which were accepted or accepted in principle by the government. This bill deals with all 28 legislative recommendations concerning the Emergency Management Act.

The proposed amendments to the bill will strengthen the Emergency Management Act by improving clarity, strengthening roles and responsibilities and introducing new elements to support responding to future known and unknown events in emergencies.

The Emergency Management Act is South Australia's primary legislation for emergency management arrangements. It is a critical piece of legislation in times of emergency, to support the South Australian government's prevention, preparedness, response and recovery efforts. The act provides the framework and principles for coordinating activities before, during and after emergencies, assigns key responsibilities and gives the necessary powers for response and recovery operations. It serves as a last resort piece of legislation that is only utilised once the powers available under surrounding legislation have been exhausted.

Over the past five years, South Australia has experienced some of its most devastating disasters on record, including the 2019-20 Black Summer bushfires, the COVID-19 pandemic and the 2022-23 River Murray flooding event.

The Emergency Management Act has been in place for 20 years and this is the first major review since its commencement. There have been only 10 declarations made in the act's history. Three of these declarations have occurred in the last four years. Until 2020, the longest declaration was in place for four days. Since then, declarations have been in place for 793 days in respect of the COVID-19 pandemic and 118 days for the 2022-23 River Murray flood.

The increasing complexity of emergency events coupled with emerging risks such as climate change and cybersecurity presents new challenges for the emergency management sector and the state, necessitating these amendments to the Emergency Management Act.

I seek leave to have the remainder of the second reading explanation and the explanation of clauses inserted in Hansard without my reading them.

Leave granted.

One of the significant amendments is proposed in response to strong consensus from submissions that greater recovery powers are needed in the Emergency Management Act. Recovery efforts have become increasingly important in emergency management and governments, organisations and communities all contribute significantly to these efforts.

The Bill therefore introduces a permanent role of State Recovery Coordinator, with clearly defined responsibilities and powers to assist with recovery efforts.

The State Recovery Coordinator will be responsible for leading state coordinated recovery planning and operations which previous reviews into emergency events, including the Burns Review, had found to be ad-hoc and inconsistent. In consultation, 100% of submissions supported or partially supported a separate legislative position of State Recovery Coordinator. Importantly, the Bill provides for the State Recovery Coordinator to report to the State Coordinator when a declaration is in force to ensure clear lines of accountability.

The second significant amendment is the introduction of a new category of emergency declaration. This new declaration is modelled on State of Alert models that are utilised by the Tasmanian and Australian Capital Territory governments. This State of Alert declaration is intended to be used prior to or following a Major Emergency or Disaster declaration and supports the scaling up and down of emergency activities, including public messaging.

The independent review highlighted the COVID-19 pandemic response as an example where a State of Alert model could have been utilised, where the emergency did not follow a linear trajectory but rather had multiple peaks and troughs. In consultation, 98% of submissions supported or partially supported the introduction of a new class of declaration that supports the scaling up and down of emergency messaging.

Another amendment of note is a new power for Ministers to modify, or dispense with, procedural requirements of another Act during a declaration period. It is recognised that directions issued during a declaration may have consequences on other government operations and it appropriate for a Minister to have flexibility to adjust their legislative requirements in the event a direction may lead to an unintended breach of law. By way of example, during the COVID-19 pandemic, restrictions on movements compromised the ability to sign and witness documents as required by legislation.

The Bill introduces important limitations and checks on this power including the exclusion of certain Acts, a requirement that procedures relating to a court can only be modified at the request of the Chief Justice of the Supreme Court and a sunsetting clause. The Australian Government has similar provisions under Part 3 of the National Emergency Declaration Act 2020 which relates to Commonwealth laws.

Additionally, it is proposed that the Act's objectives and guiding principles be amended to recognise the importance of mitigation, that volunteers are key contributors to South Australia's emergency management efforts, and that specific planning for vulnerable people is required.

Further, and to ensure that this important legislation can be kept fit for purpose in the face of evolving and unpredictable future threats, a statutory review clause has been inserted requiring a review to be conducted within 6 years of commencement.

Extensive stakeholder consultation was undertaken over the course of the independent review, with formal consultation conducted via YourSAy. Feedback and inputs were received by community members, including emergency services volunteers, local government, and non-government organisations. Stakeholders were largely supportive of the proposed changes. I acknowledge and thank the 75 agencies, organisations and individuals who provided their response to this consultation.

There have been several challenging periods in our State's recent history. As I introduce this Bill I would like to recognise the ongoing efforts of emergency management staff across all levels of government, non-government organisations and volunteers. These dedicated individuals work tirelessly to keep the South Australian community safe—at times placing their own lives at risk for the sake of others. I thank them wholeheartedly for these efforts.

I would also like to acknowledge the strength and resilience that the South Australian community has shown in responding to recent disasters such as the 2019-20 Black Summer bushfires and the 2022-23 River Murray flooding event.

This Bill considers our changing emergency management environment and takes lessons from past recent events. In doing so, it ensures that we have the best legislation in place to enable government to respond to emergencies

The proposed amendments do not compromise on the existing strengths of the Act, which is well understood by the emergency management sector and provides flexibility to carry out emergency activities across a broad spectrum of hazards.

I commend this Bill to the House and seek leave to insert the explanation of clauses in Hansard without my reading it.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Emergency Management Act 2004

3—Amendment of section 2—Objects and guiding principles

This implements recommendation 1 in the Independent Review of the Emergency Management Act 2004 (the Review) and adds a reference to the State Recovery Co-ordinator.

4—Amendment of section 3—Interpretation

This implements recommendation 14 of the Review and makes consequential changes to various definitions.

5—Amendment of section 5—Interaction with other Acts

This helps to clarify the extent of new information gathering powers under Part 4 of the Act.

6—Amendment of section 6—Establishment of State Emergency Management Committee

7—Repeal of section 8

These clauses implement recommendation 4 of the Review.

8—Amendment of section 9—Functions and powers of SEMC

Subclause (1) implements recommendation 5 of the Review and subclause (2) is consequential to clause 18.

9—Repeal of section 10

This clause also implements recommendation 4 of the Review.

10—Amendment of section 15—Functions and powers of State Co-ordinator

This clause corrects a minor error and makes an amendment that is consequential to clause 18.

11—Amendment of section 16—Assistant State Co-ordinators

This clause is consequential to the creation of the new State Recovery Co-ordinator role.

12—Amendment of section 17—Authorised officers

This clause removes gendered language.

13—Amendment of section 18—Delegation

This clause removes gendered language and makes an amendment that is consequential to the creation of the new State Recovery Co-ordinator role.

14—Insertion of Part 3A

This clause inserts a new Part to implement recommendation 13 of the Review.

Part 3A—The State Recovery Co-ordinator

18A—Appointment of State Recovery Co-ordinator

This provides for appointment of the State Recovery Co-ordinator.

18B—Functions of State Recovery Co-ordinator

This sets out the functions of the State Recovery Co-ordinator.

15—Amendment of section 19—Co-ordinating agency

This implements recommendation 3 of the Review.

16—Substitution of heading to Part 4 Division 3

This clause makes a consequential amendment.

17—Amendment of section 21—Publication of guidelines

This clause makes a consequential amendment.

18—Insertion of section 21A

This clause inserts a new section as follows:

21A—State of alert

This implements recommendation 6 of the Review.

19—Amendment of section 23—Major emergencies

This clause makes a consequential amendment.

20—Amendment of section 24—Disasters

This clause makes a consequential amendment and implements recommendation 7 of the Review.

21—Amendment of section 24A—Public health incidents and emergencies

This clause makes a consequential amendment.

22—Amendment of heading to Part 4 Division 4

This clause makes a consequential amendment.

23—Insertion of section 24B

This clause inserts a new section as follows:

24B—Power to require information or documents

This section implements recommendation 10 of the Review.

24—Amendment of section 25—Powers of State Co-ordinator and authorised officers

This clause implements recommendations 8, 9 and 18 of the Review.

25—Insertion of sections 26AB and 26AC

This clause inserts new sections as follows:

26AB—Modification of procedural requirements

This proposed section implements recommendation 11 of the Review but imposes some limitations on the ability to dispense with procedural requirements where they relate to courts or to Parliamentary matters.

26AC—Public sector mobilisation

This proposed section implements recommendation 12 of the Review.

26—Amendment of section 26B—No obligation on persons to maintain secrecy

This clause makes a consequential amendment.

27—Substitution of section 27

This clause substitutes a new section 27 as follows:

27—Recovery operations

This proposed new section implements recommendations 2, 15 and 16 of the Review. Recommendation 17 of the Review would be implemented in regulations made under proposed new section 27.

28—Amendment of section 27A—Interpretation

This clause makes consequential amendments.

29—Amendment of section 27B—Minister may declare electricity supply emergency

This clause implements recommendation 20 of the Review.

30—Amendment of section 27C—Minister's power to give directions

This clause implements recommendation 19 of the Review.

31—Substitution of section 27D

This clause substitutes a new section 27D as follows:

27D—Minister's power to use or require information

This proposed new section implements recommendation 21 of the Review.

32—Amendment of section 27E—Obligation to preserve confidentiality

This clause implements recommendations 22 and 23 of the Review.

33—Amendment of section 27F—Manner of giving directions or requirements

This clause makes consequential amendments.

34—Amendment of section 28—Failure to comply with directions

This clause removes gendered language and makes a consequential amendment.

35—Amendment of section 30—Impersonating an authorised officer etc

This clause removes gendered language.

36—Amendment of section 31A—Confidentiality

This clause implements recommendations 24 and 25 of the Review.

37—Amendment of section 32—Protection from liability

38—Amendment of section 32A—Protection from liability—COVID-19

These clause implement recommendation 26 of the Review.

39—Insertion of section 33A

This clause inserts a new section as follows

33A—Victimisation

This proposed new section implements recommendation 27 of the Review.

40—Amendment of section 36—Insurance policies to cover damage

This implements recommendation 3 of the Review.

41—Amendment of section 38—Regulations

This clause increases the maximum penalty for an offence against the regulations and provides for offences against the regulations to be expiable.

Schedule 1—Transitional provision and review

1—Transitional provision

This clause ensures the amendments in clauses 37 and 38 will apply in relation to acts and omissions whether occurring before or after the commencement of those clauses.

2—Review of Emergency Management Act 2004

This clause implements recommendation 28 of the Review.

Debate adjourned on motion of Mr Teague.

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