Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_89
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 89
Character Range: 162572–164198

89  Exemptions for emergency services
 (1) This section applies in an emergency.
 (2) An emergency is an event (or an anticipated event) that:
 (a) endangers, or may endanger, life, property or the environment; or
 (b) has disrupted, or may disrupt, communications, energy, water supply or sewerage services; or
 (c) is declared to be an emergency or disaster by:
 (i) the Commonwealth or a State or Territory; or
 (ii) a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters.
Examples of an emergency
Fire, explosion and natural disaster.
 (3) A person who is acting for an emergency service and who has any time‑critical duties on the way to, or during, an emergency is exempted from the following provisions:
 (a) Part 3 (Duties relating to work and rest times);
 (b) Part 4 (Duties relating to record keeping), except Division 4.4 (False work records etc).
Note: The listed provisions do not include the provisions imposing duties to avoid and prevent fatigue.
 (4) A person who is returning from attending an emergency is not exempted from the provisions listed in subsection (3).
 (5) An emergency service is any organisation that has a statutory responsibility to respond to an emergency and includes:
 (a) an ambulance service; and
 (b) an emergency auxiliary; and
 (c) a fire brigade, including a volunteer fire brigade; and
 (d) a police service or force; and
 (e) a disaster or emergency organisation of the Commonwealth or a State or Territory; and
 (f) an organisation prescribed as an emergency service by the regulations.

Subdivision 5.2.2—Other exemptions