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I’m an officer – get me out of here! Some preliminary points…

I’m an officer – get me out of here! Some preliminary points…. Dr Michael Eburn ANU College of Law The Australian National University CANBERRA ACT 0200 P: + 61 2 6125 6424 E: michael.eburn@anu.edu.au. The Emergencies Act 2004 (ACT). Gives various powers to the Chief Officers.

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I’m an officer – get me out of here! Some preliminary points…

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  1. I’m an officer – get me out of here!Some preliminary points… Dr Michael Eburn ANU College of Law The Australian National University CANBERRA ACT 0200 P: + 61 2 6125 6424 E: michael.eburn@anu.edu.au

  2. The Emergencies Act 2004 (ACT) • Gives various powers to the Chief Officers. • They may delegate those powers to members of the emergency services (ie members of ACT RFS). • Emergency powers of the Chief Officer are set out in ss34 and 68 (special powers for rural fires).

  3. Liabilities • The powers given include a power to do damage – eg a power to pull down a fence or direct a person to leave. • There can be no liability for doing what the parliament intended; but there can be for doing it ‘unreasonably’.

  4. Section 198(2) An official is not personally liable for anything done or omitted to be done honestly and without recklessness — (a)     in the exercise of a function under this Act; or (b)     in the reasonable belief that the conduct was in the exercise of a function under this Act.

  5. Section 198(3) Any liability that would, apart from this section, attach to an official attaches instead to the Territory.

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