Emergency Services Regulations 2000

Emergency Services Regulations 2000

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Emergency Services Act 1976 .

4 December 2000

G. S. M. Green

Governor

By His Excellency's Command,

D. E. Llewellyn

Minister for Police and Public Safety

1.   Short title

These regulations may be cited as the Emergency Services Regulations 2000 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means Emergency Services Act 1976 ;

Association means Local Government Association of Tasmania.

4.   Election of council appointee to Region Disaster Planning Group

The prescribed manner of election for section 15(f) of the Act is as follows:

(a) elections are to be held triennially;

(b) the Association must appoint a returning officer for each election;

(c) the returning officer must call for a nomination from each municipality of the region, specifying a period of not less than 21 days within which the nomination is to be made;

(d) if only one person is nominated, that person is taken to have been elected;

(e) if 2 or more persons are nominated, the returning officer must conduct a poll as soon as practicable;

(f) the poll is to be conducted in accordance with the method of conducting a poll for a mayor under the Local Government Act 1993 ;

(g) the person elected in accordance with this regulation is taken to have been appointed under section 15(f) of the Act.

5.   Membership of council appointee to Region Disaster Planning Group

The following provisions apply to and in relation to a member of a Region Disaster Planning Group appointed under section 15(f) of the Act:

(a) except as provided by this regulation, the member holds office until the next triennial election for that office but is eligible for re-election;

(b) the member may, by written notice to the Director, resign from office at any time;

(c) the member ceases to hold office if he or she is absent, without leave of the Region Disaster Controller, from 3 consecutive meetings of the Group;

(d) if the member resigns, dies or ceases to hold office –

(i) a fresh election to fill the office is to be held in the manner prescribed by regulation 4 ; and

(ii) the person elected holds office for the balance of the term of the member who has resigned, died or otherwise ceased to hold office.

6.   Compensation payable to persons engaged in counter disaster operations, &c.

For the purposes of section 43(2)(b) of the Act –

(a) the person's average weekly earnings are calculated to be the sum fixed and declared to be the basic salary under section 66 of the Workers Rehabilitation and Compensation Act 1988 ; but

(b) if the person considers that the basic salary is inadequate in the circumstances, he or she may refer the matter to the Workers Rehabilitation and Compensation Tribunal in accordance with the Workers Rehabilitation and Compensation Act 1988 .

7.   Rescission

The Emergency Services Regulations 1976 are rescinded.

8.   Transitional provision

(1)  In this regulation –

commencement day means the day on which these regulations commence;

council member means member referred to in section 15(f) of the Act;

rescinded regulations means the Emergency Services Regulations 1976 .

(2)  A person who, immediately before the commencement day, was the council member of a Region Disaster Planning Group continues in office on and after that day, subject to these regulations, until the first election for that office is held under these regulations.

(3)  For the purposes of subregulation (2) , the first election is to be held at the same time as the next triennial election would have been held under the rescinded regulations had they continued in force.

(4)  This regulation has effect notwithstanding regulation 7 .

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 13 December 2000

These regulations are administered in the Department of Police and Public Safety.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations replace the Emergency Services Regulations 1976.