Document ID: chunk:federal_register_of_legislation:C2020A00041:clause:1_4
Version: federal_register_of_legislation:C2020A00041
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 2830–4233

4  After section 42‑2
Insert:

42‑2A  Determining situations of emergency to enable additional leave
 (1) The Minister may determine in writing that there is a situation of emergency for a specified day for a residential care service, or a class of residential care services, if the Minister is satisfied that an emergency is affecting or has affected:
 (a) the service or services for that day; or
 (b) the community in which the service or services are located for that day.
Note: An emergency affecting a residential care service or community may include a disaster (whether natural or otherwise), an epidemic or a pandemic.
 (2) For the purposes of subsection (1):
 (a) a class of residential care services may include all residential care services in Australia; and
 (b) a day for which a situation of emergency is determined may be a day that is before, on or after the day the determination is made.
 (3) A determination made under subsection (1) for a class of residential care services is a legislative instrument.
 (4) A determination made under subsection (1) for a particular residential care service is not a legislative instrument, but must be published on the Department's website.
 (5) The Minister may, in writing, delegate to the Secretary the power to make a determination under subsection (1). In exercising the power, the Secretary must comply with any directions of the Minister.