(c) recovery—the assisting of persons and communities affected by emergencies to achieve a proper and effective level of functioning. s. 4A _______________ S. 5 amended by No. 97/1994 s. 7(1)(d)(e), substituted by No. 56/2011 s. 6. 5 Role of Minister (1) The role of the Minister is to ensure that satisfactory emergency management arrangements are in place to facilitate the prevention of, response to and recovery from emergencies. (2) The Minister is not responsible for operational matters in relation to emergency management. S. 6 amended by No. 97/1994 s. 6, substituted by No. 56/2011 s. 6, repealed by No. 73/2013 s. 78(3). * * * * * 7 Delegation by Minister S. 7 substituted by No. 56/2011 s. 6, amended by No. 73/2013 s. 78(4). The Minister may by instrument delegate to the Emergency Management Commissioner or any other person any power or function of the Minister under this Act or the regulations other than this power of delegation. s. 5 S. 8 amended by Nos 75/1986 s. 6, 97/1994 s. 7(1)(f), 48/2000 s. 5, 56/2011 s. 7(1), repealed by No. 73/2013 s. 78(3). * * * * *
or for the benefit of, those persons to whom, or for whose benefit, compensation would be payable under that Act if— S. 28(1)(a) amended by Nos 75/1986 s. 12(1), 97/1994 s. 15(1). (a) the volunteer emergency worker had been, at the time the personal injury was suffered, a worker employed by the Crown; and (b) the personal injury had arisen out of or in the course of that employment— within the meaning of that Act. S. 28(2) amended by Nos 75/1986 s. 12(1), 97/1994 s. 15(1), 67/2013 s. 649(Sch. 9 item 14(3)(b)). (2) For the purpose of assessing the amount of any compensation payable under this section, the average weekly earnings of a volunteer emergency worker are to be computed by reference to the worker's employment during the relevant period before the personal injury was suffered or (if the worker was not then working under a contract of service) upon such basis as is best calculated to give the appropriate compensation for loss of earning capacity, but so that any relevant maximum limits imposed by the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 are not exceeded. S. 28(3) inserted by No. 97/1994 s. 15(2). (3) For the purposes of enabling the return to work of a volunteer emergency worker who suffers a personal injury while engaged in emergency activity, the Authority may— S. 28(3)(a) amended by Nos 9/2010 s. 137(a), 67/2013 s. 649(Sch. 9 item 14(3)(c)). (a) plan the worker's return to work under the Workplace Injury Rehabilitation and Compensation Act 2013;
Any compensation payable under section 24 or section 29 and any expenses incurred in the administration of section 24 or section 29 are to be paid out of the Consolidated Fund, which is hereby to the necessary extent appropriated accordingly. _______________ S. 36 substituted by No. 75/1986 s. 13. 36 Offence of obstructing, etc. emergency worker s. 36 S. 36(1) amended by No. 5/2012 s. 106. (1) A person, other than a person engaging in an emergency activity, must not, without reasonable excuse, obstruct, hinder or in any way interfere with a person engaging in an emergency activity. Penalty: 60 penalty units. S. 36(2) repealed by No. 97/1994 s. 17. * * * * * S. 36A inserted by No. 97/1994 s. 18. 36A Declaration of emergency area S. 36A(1) amended by Nos 5/2012 s. 107(1), 37/2014 s. 10(Sch. item 52.3). (1) If the most senior police officer in attendance at an emergency, being a police officer of or above the rank of senior sergeant, is of the opinion that because of the size, nature or location of an emergency it is necessary to exclude persons from the area of the emergency so as to ensure— (a) public safety; or (b) security of evacuated premises; or
S. 36B(1) amended by Nos 5/2012 s. 108(1), 37/2014 s. 10(Sch. item 52.4(a)(i)). (1) If a declaration of an emergency area is made under section 36A, a police officer may exercise the following powers— (a) close or cause to be closed any road, footpath or open space otherwise providing access to the emergency area; (b) prohibit any person or vehicle from entering or passing through the emergency area; (c) direct any person on any road or footpath or in any open space or in any vehicle on any road, footpath or open space, within the emergency area to immediately leave the emergency area by the safest and shortest route; S. 36B(1)(d) amended by No. 37/2014 s. 10(Sch. item 52.4(a)(ii)). (d) authorise a person to enter or remain in the emergency area subject to such conditions as the police officer considers appropriate. (2) Subsection (1) also empowers a prohibition or direction to be given to a person who claims a pecuniary interest in property in the emergency area or goods or valuables in that property and is not in that property. s. 36B (3) Subsection (1)(d) also empowers an authorisation subject to conditions to be given to a person who claims a pecuniary interest in property in the emergency area or goods or valuables in that property and is on that property. S. 36B(4) amended by Nos 56/2011 s. 8(3), 73/2013 s. 78(4). (4) A direction, prohibition or authorisation under subsection (1) may be broadcast, televised or communicated from a broadcasting station, television station or other communication centre in an announcement authorised by the Emergency Management Commissioner.
S. 37 amended by No. 75/1986 s. 12(2)(a)(b), substituted by No. 97/1994 s. 19. 37 Immunity A volunteer emergency worker is not personally liable in respect of any loss or injury sustained by any other person as a result of the engagement of the volunteer emergency worker in emergency activity unless the loss or injury is caused by the negligence or wilful default of that worker. S. 38 amended by Nos 52/1998 s. 311(Sch. 1 item 24.3), 56/2011 s. 7(1), repealed by No. 5/2012 s. 110. * * * * * S. 39 amended by No. 75/1986 s. 14. 39 Regulations The Governor in Council may make regulations, subject to the regulations being disallowed by Parliament, for or with respect to— (a) the registration of persons under section 26; and S. 39(b) amended by Nos 56/2011 ss 9(4), 16, 73/2013 s. 78(5). (b) the training of members and officers of agencies for which a role is defined, or on which a responsibility is conferred, by the state emergency response plan or the state emergency recovery plan under the Emergency Management Act 2013; and (c) prescribing conditions of issue and use of property issued to municipal councils for the purpose of emergency management; and S. 39(d) amended by No. 56/2011 s. 7(1). (d) prescribing fees for training courses conducted by the Minister; and