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Introduction
Legal considerations for evacuating staff during disasters are essential to protect workers (including volunteers) and minimise risks.
The information on this webpage provides guidance on developing and implementing evacuation plans and considers when an organisation must obey an order to evacuate.
Evacuation plan
All workplaces and organisations must have an emergency action plan in place.
Your organisation’s emergency action plan should include:
- emergency procedures, including:
- an effective response to an emergency
- evacuation procedures that outline procedures, routes, and assembly points
- notifying emergency service organisations at the earliest opportunity
- medical treatment and assistance
- effective communication between the person authorised by the organisation to coordinate the emergency response and all persons at the workplace
- testing of the emergency procedures, including the frequency of testing
- information, training and instruction to relevant workers in relation to implementing the emergency procedures
- the appointment of people to key positions – like fire wardens, floor wardens and first aid officers, and
- a set of internal decision making criteria to guide making the decision to evacuate
Setting out the criteria for deciding to evacuate in an emergency action plan not only saves time when responding to a disaster, it also allows an organisation to design guidance that is more relevant. For example, an organisation situated next to a river subject to seasonal heavy rain will tailor its plan more to the threat of a flood.
Things to include in your evacuation procedures (in your emergency action plan)
- contact details for key people – like fire wardens, floor wardens and first aid officers
- contact details for local emergency services
- how to alert people at the workplace to an emergency or potential emergency – for example, using a siren or bell alarm
- help for hearing, vision or mobility impaired people
- a map of the workplace showing where to find fire protection equipment, emergency exits and assembly points
- triggers and processes for telling your neighbours about emergencies, and
- the post-incident follow-up process (for example, notifying the regulator, organising trauma counselling or medical treatment)
For more information and guidance, see:
- Safe Work Australia’s webpage Emergency plans and procedures, Emergency plans fact sheet and Emergency plan template
- The Australian Disaster Resilience Knowledge Hub webpage ‘Emergency planning tools’ for information about national and jurisdictional emergency planning tools in Australia for households, businesses, local governments and schools
Guidance on making the decision to evacuate can be set out in an organisation’s emergency action plan.
Things to include in your guidance on deciding to evacuate
- Establish a well-functioning emergency response team with diverse expertise, clear protocols, and reliable communication. Empower the team to make informed decisions and coordinate with emergency agencies.
- Consider the nature and severity of the disaster and scope, hazards, and vulnerable populations. Assess location, terrain, and infrastructure. Create organisation specific plans to ensure safety and well-being during evacuations.
- Conduct a comprehensive risk assessment to inform evacuation decisions. Identify hazards, assess vulnerability, evaluate risks, and consider secondary hazards. Prioritise risks, use reliable data and consult experts. Continuously monitor the situation and reassess the need for evacuation as conditions change.
- Assess infrastructure and accessibility during a disaster. Consider road conditions, public transport, accessibility for those with disabilities, and communication systems. Prioritise safety, capacity, alternatives, and inclusivity in evacuation planning.
- How weather conditions affect disaster severity and evacuation needs. Monitor weather forecasts and patterns in the area, develop contingency plans, communicate with authorities, and adjust evacuation plans based on weather risks.
- Assess resources and capabilities for effective evacuation such as emergency services, transportation, shelters, communication, staffing, equipment, and finances. Consider public awareness and community involvement. Develop comprehensive plans to ensure safety and well-being during disasters.
- Use clear communication channels such as emergency broadcasts, social media, traditional media, community leaders and personal notifications to inform staff, volunteers, and the community. Ensure information is clear, accessible, and reaches everyone. Effective communication facilitates timely evacuations and minimises disaster impact.
Evacuation decisions should be based on the best available information, expert advice and government recommendations and orders where appropriate. In some cases, it may be necessary to evacuate immediately, while in others, a more gradual or phased approach may be appropriate.
When an organisation must obey an order to evacuate
Note – orders to evacuate
As mentioned above, it is not always up to an organisation to decide whether to evacuate. Sometimes, an organisation is required to obey an order to evacuate.
State and territory governments have primary responsibility for emergency management in their jurisdiction. Organisations should follow evacuation orders from the relevant authorities.
When an organisation is required to obey an order to evacuate depends on the nature of the disaster and the relevant state or territory laws.
Disasters like as floods and tsunamis are covered by general emergency legislation, while some states and territories have explicit legislative evacuation powers for fires (most likely due to the frequency of fires in Australia).
Always:
- prioritise safety – the safety of your staff is paramount, even in the face of disasters
- stay informed – keep up to date with local emergency protocols and relevant safety regulations
Additional resources on disaster risk management and evacuation planning
- Disaster Legal Help Victoria – Evacuation orders – your rights in a fire emergency
- Justice Connect Disaster Legal Support Resource Hub – Stay or go: Evacuation in fire emergencies in Victoria – This links to a webinar published by the Gippsland Community Legal Service.
- Evacuation planning – a guide to pre-event community evacuation planning which uses the nationally recognised five stages of the evacuation process as a framework for planning an evacuation (also covers the issue of authority to decide to evacuate)
- Evacuation Planning Resources – including links to state and territory evacuation guidance
- Incident Management Handbook – Having the capability and capacity to respond effectively to incidents reduces the likelihood of incidents escalating into an uncontrolled emergency or crisis and can assist in limiting the scale of consequences arising from the incident.
- Safe and Healthy Crowded Places Handbook – This handbook provides organisations responsible for events, managing venues and businesses with a framework to manage crowded places. This includes information on security, site safety, and health issues including food and water security, waste management and disease control.
Disclaimer: These resources provide general information about legal issues that may arise for not-for-profit organisations in managing disasters. This information is a guide only and is not legal advice. If you or your organisation has a specific legal issue, you should seek legal advice before deciding what to do. See full disclaimer and copyright notice.
The content on this webpage was last updated in December 2024.
