Page 4244 - Week 11 - Thursday, 25 October 2018
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These plans are referred to as sub-plans to avoid confusion with the ACT’s primary emergency plan. However, the act is not clear on whether these sub-plans are recognised in their own right as emergency plans under the act. The bill will amend the act to formally recognise these emergency sub-plans, ensuring that they have a sound statutory basis and can be maintained accordingly. Furthermore, because the act requires that the emergency controller must exercise functions in accordance with the emergency plan, the bill will clarify that the emergency controller must also exercise his or her functions in accordance with the emergency sub-plans.
Currently, under the act, only the Chief Minister has the power to appoint an emergency controller or declare a state of emergency, so the question arises: what would happen if the Chief Minister was absent or unable to perform his or her functions under the act? Clearly, the declaration of an emergency and the appointment of an emergency controller are both critical to the management of an emergency. The bill will therefore clarify any legal ambiguity arising between the act and the Australian Capital Territory (Self-Government) Act so that the Deputy Chief Minister can act as the Chief Minister when the Chief Minister is absent from duty or unable to exercise his or her powers.
Under the current provisions in the act, the Chief Minister can make a statutory appointment to the position of emergency controller, either outside of or during a declared state of emergency. However, under the Legislation Act 2001, where a non-ACT public servant is to be appointed to a statutory position for longer than six months, or where a non-ACT public servant is to be appointed for a second or consecutive appointment, the minister is required to consult with the appropriate standing committee of the Legislative Assembly prior to making the statutory appointment. For example, where the Chief Minister seeks to reappoint the Chief Police Officer, who is a non-ACT public servant position, as an emergency controller, following their initial appointment the Chief Minister must first consult with the appropriate Legislative Assembly standing committee. Given the time-critical nature of emergencies, it is clearly desirable that the appointment of the emergency controller should not be delayed pending the convening of the appropriate Legislative Assembly standing committee. The bill provides an exemption from compliance with this requirement on the appointment of an emergency controller in an emergency situation.
The act requires that the ACT emergency plan must include a community communication and information plan for communicating information to the community during an emergency. The bill will now require a specific standalone community communication and information plan. This provision is important as it gives effect to the recommendations arising out of the McLeod review after the 2003 Canberra bushfires.
The act confers the power on the Chief Minister to appoint an emergency controller outside of a declared state of emergency. This situation may occur where the Chief Minister is satisfied that an emergency has happened, is happening or is likely to happen but it is not necessary to declare a state of emergency. While the Chief Minister may revoke the appointment of an emergency controller at any time, under
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