Document ID: chunk:federal_register_of_legislation:C2004A01161:clause:1_5
Version: federal_register_of_legislation:C2004A01161
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 1677–3652

5  At the end of section 170CK
Add:

 (5) For the purposes of this section, an employee carries out a voluntary emergency management activity if, and only if:
 (a) the employee carries out an activity that involves dealing with an emergency or natural disaster; and
 (b) the employee carries out the activity on a voluntary basis; and
 (c) the employee is a member of, or has a member‑like association with, a recognised emergency management body; and
 (d) either:
 (i) the employee was requested by or on behalf of the body to carry out the activity; or
 (ii) no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made.

 (6) For the purposes of paragraph (5)(b), an employee carries out an activity on a voluntary basis even if the employee directly or indirectly takes or agrees to take:
 (a) an honorarium; or
 (b) a gratuity; or
 (c) a similar payment;
wholly or partly for carrying out the activity.

 (7) In this section:

body includes a part of a body.

designated disaster plan means a plan that:
 (a) is for coping with emergencies and/or disasters; and
 (b) is prepared by the Commonwealth, a State or a Territory.

recognised emergency management body means:
 (a) a body that has a role or function under a designated disaster plan; or
 (b) a fire‑fighting, civil defence or rescue body; or
 (c) any other body a substantial purpose of which involves:
 (i) securing the safety of persons or animals in an emergency or natural disaster; or
 (ii) protecting property in an emergency or natural disaster; or
 (iii) otherwise responding to an emergency or natural disaster; or
 (d) a body specified in the regulations;
but does not include a body that was established, or is continued in existence, for the purpose, or for purposes that include the purpose, of enabling one or more employees to obtain the protection of subsection (2).