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Disaster Management Act 2003
Overview
During 2002-03 the Department of Emergency Services undertook a comprehensive review of the State Counter Disaster Organisation Act 1975 in consultation with a wide range of stakeholders. The review resulted in the development of the
Disaster Management Act 2003 (DM Act).
The DM Act repealed and replaced the State Counter-Disaster Organisation Act when it commenced by proclamation on 31 March 2004.
The Disaster Management Act maintains many elements of the existing system established under the State Counter Disaster Organisation Act, while adding contemporary elements such as a focus on comprehensive disaster management, which includes disaster mitigation, prevention, preparedness, response and recovery.
Objectives of the Act
The main objectives of the Disaster Management Act are:
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To help communities:
- mitigate the potential adverse effects of an event;
- prepare for managing the effects of an event;
- effectively respond to, and recover from, a disaster or an emergency situation.
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To provide for effective disaster management for the State. |
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To establish a frame work for the management of the State Emergency Service (SES) and emergency service units to ensure the effective performance of their functions. |
Disaster Management
The Disaster Management Act establishes Disaster Management Groups at three levels:
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State |
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District |
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Local (for individual or combined Local Governments and Community Councils) |
Disaster Management Groups at all three levels are required to prepare Disaster Management Plans.
The Disaster Management Act replaces the term state of disaster with disaster situation . A disaster situation may be declared for any area of the State. As with the State Counter Disaster Organisation Act, declarations of Natural Disaster Relief Arrangement (NDRA) are not dependent on declarations of a disaster situation.
The Disaster Management Act enables declarations and powers under this and other Acts to be exercised at the same time, and provides a mechanism to resolve any conflicts in the case of a declared disaster situation.
Volunteers
The Disaster Management Act maintains the membership of the SES and provides for its functions, for example to perform search, rescue and disaster related activities.
Additionally, the Act enables the establishment, in consultation with the local community, of volunteer emergency service units to perform rural fire and SES functions, and first aid in rural and remote areas, through one integrated unit. These units would provide a more efficient option for the delivery of volunteer emergency services.
The Disaster Management Act also provides Department of Emergency Services volunteers with protection from unfair dismissal when undertaking emergency response, where their absence is reasonable.
Compensation, Insurance and Protection from Liability
The Disaster Management Act provides a mechanism to claim compensation for the loss or damage resulting from the exercise of powers in the Act. The Disaster Management Act also extends private insurance policies to cover damage caused by responders in a disaster or emergency situation.
 Brochure
Download the Disaster Management Act 2003 brochure (PDF / 240KB)
Forms under the Disaster Management Act 2003
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