Legislation

Emergencies Act 2004
From 1 July, 2004 the ACT Emergency Services Authority operates under the Emergencies Act, 2004.

The Act establishes the Emergency Services Authority. The authority is responsible for the overall strategic direction and management of the four services (the Fire Brigade, Ambulance Service, Rural Fire Service and the State Emergency Service). The Act also consolidates all emergency legislation, provides for different declarations in an emergency or impending emergency, and substantially rewrites the provisions of the Bushfire Act 1936, including providing for the ACT Bushfire Council as an advisory body.

Pursuant to the Emergencies Act a series of Emergencies Regulations have been issued.

The following legislative information is available

• Emergencies Act, 2004;
• Emergencies Regulations;
• Consequential amendments to other legislation
  includes: Building Act 2004; Building Regulations 2004; Bushfire Act 1936; Common Boundaries Act 1981; Civil Law (Wrongs) Act 2002; Crimes Act 1900; Dangerous Substances Act 2004; Dangerous Substances (Explosives) Regulations 2004; Environment Protection Act 1997; Environment Protection Regulations 1997; Juries Act 1967; Legislation Act 2001; Liquor Act 1975; Nature Conservation Act 1980; Ombudsman Regulations 1989; Public Health Act 1997; Public Sector Management Act 1994; Radiation Act 1983; Remuneration Tribunal Act 1995; Road Transport (Safety and Traffic Management) Regulations 2000; Road Transport (Vehicle Registration) Regulations 2000; Security Industry Regulations 2003; Supervised Injecting Place Trial Act 1999; Taxation Administration Act 1999; Victims of Crime (Financial Assistance) Act 1983; Water Resources Act 1998; and
  
• Emergencies Bill 2004 and Explanatory Statement.

Prior to July 2004
Prior to July '04 the ACT Emergency Services Bureau operated under the Emergency Management Act, 1999 with responsibility for ensuring community compliance with regulations and standards aimed at protection from hazards. the Bureau was directly responsible for:

• Bushfire Act 1936 , amendments and regulations. Provides for the control of bushfire and other related purposes predominantly for areas outside the built-up area;
• Fire Brigade Act 1957 , amendments and regulations. Details the powers, duties and functions of members of the Fire Brigade and other persons and for precautions to be taken at, and to prevent fires and hazardous conditions; and 
• Fire Brigade (Administration) Act 1974 , amendments and regulations. This Act establishes the ACT Fire Brigade and details the provisions for such things as the establishment of ranks, appointments, promotions, retirements, discipline and appeals.

Related legislation
Motor Traffic Act. Although this is not legislation directed at the various emergency services, it does provide for a number of exemptions for vehicles responding to fires and other emergencies.

There are a number of other Acts that affect the day-to-day operations of the ESA. These include Acts relating to such things as Industrial Relations, Superannuation, Workers Compensation, Rehabilitation, Occupational Health and Safety, Merit and Equal Opportunity, Discrimination and Human Rights, etc.