STATE EMERGENCY MANAGEMENT PROCEDURES MANUAL Direction to Public by alendar

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									                   STATE EMERGENCY MANAGEMENT
                       PROCEDURES MANUAL


SUBJECT:               Direction to Public Authority

PROCEDURE NO:          OP - 12

TYPE:

Administration
Operational            X

REFERENCES:
                       •   Emergency Management Act 2005 [S56]
                       •   Emergency Management Act 2005 [S74(2)(a)]
                       •   Operational Procedure 14 (OP-14 Declaration of State of
                           Emergency)

REVIEW DATE::           October 2014

RESPONSIBILITY:        Emergency Management Western Australia [EMWA]

BACKGROUND:
During a state of emergency the State Emergency Coordinator is responsible for
coordinating such activities of public authorities as the State Emergency Coordinator
considers necessary or desirable for responding to the emergency.

For that purpose the State Emergency Coordinator may direct any public authority to
do or refrain from doing any act, or perform or refrain from performing any function.

PROCEDURE
Where the State Emergency Coordinator considers it necessary or desirable to direct
a public authority in relation to any act or function, such direction will be made in
accordance with the following procedure:

State Emergency Coordinator:

   1. Ensure that a State of Emergency has been declared in accordance with
      Operational Procedure 14 (OP-14);
   2. Liaise with the Hazard Management Agency to determine proposed direction
      required to be made to the public authority;
   3. Where practicable liaise with the relevant public authority in regards to the
      proposed direction, possible alternatives and any adverse impact such
      direction may cause to the authority or service delivery to the community;
   4. Where practicable seek endorsement of the direction from the State
      Emergency Coordination Group;
   5. Complete a “Direction to Public Authority” instrument [EMA-Form 12] ensuring
      that all relevant information [including details of direction, date and manner
      direction is to be carried out] applicable to the direction are completed.
   6. The direction should be communicated to the relevant public authority as soon
      as practicable
7. If given orally, ensure the authorisation is confirmed in writing signed by the
   State Emergency Coordinator as soon as is practicable.


Public Authority
If a direction is given to a public authority by the State Emergency Coordinator
under Section 74(2)(a) the public authority is to comply with the direction within
the time and in the manner, if any, specified in the direction. [S74(3) Act].

Such direction prevails to the extent of any inconsistency with any written law or
other law.




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