Variations in terminology
By now you will have probably come across emergency/disaster legislation related documentation that might appear in several forms or be referred to by differing terminology. For example the words Act, Ordinance, Statute, Regulation are often used. In addition, legislation, i.e. law enacted by a legislative body, may not be the only form of official delineation of roles, responsibilities etc. We often see a wide raft of documents that support legislation. These include:
- codes and standards;
- policies;
- letters or memoranda of understanding;
- heads of agencies agreements
- mutual aid agreements
- and other documentation that may use such terms as 'duty of care' or 'ensuring the safety of the community'.
All these need to be taken into consideration as they may have had a bearing on the emergency management arrangements during the pre-impact phase.
It is worth while bearing in mind that most if not all Australian current legislation is available online. The Australian Legal Information Institute contains links to most pieces of legislation that you will find relevant to this course of study: http://www.austlii.edu.au/
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This activity will assist you in compiling the relevant information required to be analysed and discussed within your major report (Assignment 2). I want you to list the details of the legislation, regulations, policies, etc., relevant at the time of your event, including the date of the legislation. The use of the relevant emergency/disaster plans should assist you here. |
Use the Activity 2.6a table in the data document provided previously in Activity 2.1 (that you have saved to your hard drive) to document your findings. Once you have done that save it for future reference.
I have provided an example here of some of the agencies and their legislation relevant to the 1997 Thredbo Landslide event to demonstrate the task.
Example: Event: 1997 Thredbo Landslide – New South Wales
Organisation/Agency/Functional Area |
Legislation (etc) |
Date
|
Online Link |
Local, District, State EM Planning and State Emergency Management Committee |
State Emergency and Rescue Management Act. |
1989 |
http://www.austlii.edu.au/au/legis/nsw/ consol_act/searma1989331/ |
State Emergency Service |
State Emergency Service Act |
1989 |
http://www.austlii.edu.au/au/legis/nsw/consol_act/ |
NSW Police |
Police Act |
1990 |
http://www.austlii.edu.au/au/legis/nsw/consol_act/ |
NSW Fire Brigades |
Fire Brigades Act |
1989 |
http://www.austlii.edu.au/au/legis/nsw/consol_act/ |
Etc. etc. |
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Let us now look through your list - have you considered:
- National/State or regional/local government policies/legislation/regulations?
- Codes and standards?
- Letters/memoranda of agreement?
If you have not considered them, do you need to? If so, return to your list and review it.
In your research for legislation that applied to your event, did you come across any conflicting legislation?
If so, what conflicting legislation did you come across, and what effect did this have on the emergency management arrangements in the pre-impact phase? What solutions would you suggest? Identify and briefly explain these issues.
Use the Activity 2.6b table in the data document provided previously Activity 2.1 (that you have saved to your hard drive) to document your findings. Once you have done that save it for future reference.
It is important that you document these findings in your assignment as they will provide you with information in drawing your conclusions and making recommendations that will improve the management of future events.
Remember to check the date of your legislation (and any that immediately superseded it) to ensure that you have the relevant edition that was operating at the time of your event.