Page 1860 - Week 05 - Thursday, 6 May 2010
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effect—of entrenching subsection 150C(2) against the operation of any other territory law. Subsection 150C(3) is an example of the type of provision used to make it clear that a section or subsection prevails over other territory laws in the event of any inconsistency.
This type of provision is used, for example, in emergency or law enforcement legislation where other territory laws could impede the operation of laws made for public protection, safety reasons or in the public interest. I would also draw to the attention of members that subsection 150C(3) is not restraining the power of the Assembly to make laws as the committee has contended. Indeed, this provision can be amended or repealed by the Assembly at any time just like any other piece of legislation. The Assembly could even make another law that overrides the effect of this law if necessary. The only effect of subsection 150C(3) is to allow the emergency controller to carry out the activities under subsection 150C(2) even if a competing interest exists under law.
Turning to the bill itself, another change it will make is to transfer the functions of the Emergency Management Committee to the Security and Emergency Management Senior Officials Group. With support from the Security and Emergency Management Planning Group, this officials group will provide whole-of-government policy advice on emergency and security management to the Security and Emergency Management Committee of the cabinet.
This amendment arose after the review into the ACT’s emergency management governance framework, which found the previous model was ineffective in the way the community was engaged. The appointment of a single person to the EMC from the community was considered to not be the best way to represent the broad range of backgrounds and views that make up the ACT community.
The EMC’s replacement—the Security and Emergency Management Senior Officials Group—will be the peak advisory body to cabinet on both security and emergency management matters. Because of this, this group will be required to handle and discuss material of a sensitive and potentially classified nature with both a local and national focus. It would not be appropriate to have uncleared community representatives in this group. This arrangement is consistent with similar arrangements in other jurisdictions.
The need to have effective community engagement was identified as an important element of emergency management by the review group. This is reflected in the bill by expanding the objects of the act to incorporate the need to prepare for, prevent, respond to and recover from emergencies, or what is referred to as the comprehensive approach to emergency management. Implicit in the comprehensive approach is the need to liaise and consult with the community at all phases of the process. By committing the government to this approach, all agencies undertaking emergency management activities need to consider and, if necessary, consult with the affected elements of the community.
The ESA commissioner’s functions have also been amended to emphasise the importance of communicating information, advice and warnings to the community
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