Emergency Services Reform Amendment Bill 2023

An Act to amend the Disaster Management Act 2003, the Disaster Management Regulation 2014, the Fire and Emergency Services Act 1990, the Police Service Administration Act 1990, the Workers’ Compensation and Rehabilitation Act 2003, the Working with Children (Risk Management and Screening) Act 2000 and the legislation mentioned in schedule 1 for particular purposes

1Short title

This Act may be cited as the Emergency Services Reform Amendment Act 2023.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Act amended

This part amends the Disaster Management Act 2003.

4Insertion of new pt 2, div 1A

Part 2—
insert—

Division 1A State Disaster Management Group

21FEstablishment

A group known as the State Disaster Management Group (the SDM group) is established.

21GFunctions and powers

(1)The SDM group has the following functions—

(a)to provide timely strategic oversight of, and support for, disaster management and disaster operations for the State;

(b)to consider strategies and policies for managing a disaster and to give advice to the State group about implementing the strategies and policies;

(c)other functions given to the group under this Act or another Act;

(d)functions incidental to a function mentioned in paragraph (a), (b) or (c).

(2)The SDM group has power to do anything necessary or convenient to be done for the performance of its functions.

21HMembership

(1)The SDM group consists of the following members—

(a)the persons prescribed by regulation;

(b)other persons invited by the chairperson of the group to be members of the group.

(2)If the chairperson of the SDM group invites a person to be a member of the group under subsection (1)(b), the person’s membership is subject to the conditions decided by the chairperson.

Example of a condition—

a person’s membership is for a limited period

21IChairperson and deputy chairperson

(1)The chairperson of the SDM group is the member of the group prescribed by regulation as the chairperson.

(2)The deputy chairperson of the SDM group is the member of the group prescribed by regulation as the deputy chairperson.

(3)The chairperson may appoint another member of the SDM group to act as chairperson of the group.

(4)The deputy chairperson of the SDM group must act as the chairperson—

(a)during a vacancy in the office of chairperson; and

(b)if there is no appointee under subsection (3)—whenever the chairperson is absent from duty or for another reason can not perform the functions of the office; and

(c)if there is an appointee under subsection (3)—whenever the appointee is absent from duty or for another reason can not perform the functions of the office.

21JFunctions of chairperson

The chairperson of the SDM group has the following functions—

(a)to manage and coordinate the business of the group;

(b)to ensure, as far as practicable, that the group performs its functions.

21KConduct of business and meetings

The SDM group may conduct its business, including its meetings, in the way it considers appropriate.

5Amendment of schedule (Dictionary)

(1)Schedule—
insert—

SDM group see section 21F.

(2)Schedule, definition chairperson—
insert—

(aa)of the SDM group—the person prescribed by regulation under section 21I(1); or

(3)Schedule, definition chairperson, paragraphs (a) to (d)—
renumber as paragraphs (a) to (e).

6Regulation amended

This part amends the Disaster Management Regulation 2014.

7Insertion of new ss 4A and 4B

After section 4—
insert—

4AMembers of SDM group—Act, s 21H

For section 21H(1)(a) of the Act, the following persons are members of the SDM group—

(a)the Premier;

(b)the Minister who is recognised as the deputy for the Premier;

(c)the Ministers administering the following Acts—

(i)the Local Government Act 2009;

(ii)the Public Safety Preservation Act 1986;

(d)the chief executives of the departments in which the following Acts are administered—

(i)the Constitution of Queensland 2001;

(ii)the Local Government Act 2009;

(iii)the Public Safety Preservation Act 1986;

(e)the commissioner of the police service;

(f)the commissioner of the Queensland Fire and Emergency Service;

(g)the State disaster coordinator;

(h)the chief executive officer of the Queensland Reconstruction Authority under the Queensland Reconstruction Authority Act 2011.

4BChairperson and deputy chairperson of SDM group—Act, s 21I

(1)For section 21I(1) of the Act, the Premier is the chairperson of the SDM group.

(2)For section 21I(2) of the Act, the Minister who is recognised as the deputy for the Premier is the deputy chairperson of the SDM group.

8Act amended

This part amends the Fire and Emergency Services Act 1990.

9Amendment of s 2 (Objects of Act)

Section 2(c)—
omit, insert—

(c)to establish a framework for the management of the Queensland Fire and Emergency Service.

10Amendment of s 7A (Functions of commissioner)

(1)Section 7A(1)(b)—
omit.

(2)Section 7A(1)(c)—
renumber as section 7A(1)(b).

11Omission of ch 4 (State Emergency Service, emergency service units and authorised rescue officers)

Chapter 4—
omit.

12Amendment of s 150D (Failure to assist or give reasonable help)

(1)Section 150D, heading—
omit, insert—

150D Failure to assist

(2)Section 150D, ‘or give reasonable help under section 149(2)(h)’—
omit.

13Amendment of s 150G (Impersonating authorised rescue officer etc.)

(1)Section 150G, heading—
omit, insert—

150G Impersonating officer or member

(2)Section 150G(1)(b) to (e)—
omit.

(3)Section 150G(1)(f)—
renumber as section 150G(1)(b).

14Replacement of s 150H (Using restricted expressions etc.)

Section 150H—
omit, insert—

150H Using restricted expressions

(1)A person must not, unless the person has a reasonable excuse, use a restricted expression without the commissioner’s written approval—

(a)in, or as, the name of a business carried on by the person; or

(b)to advertise or otherwise promote goods or services provided by the person.

Maximum penalty—40 penalty units.

(2)In this section—

restricted expression means any of the following expressions—

(a)‘Queensland Fire Service’;

(b)‘Queensland Fire and Rescue Service’;

(c)‘Queensland Fire and Emergency Service’;

(d)‘Queensland Fire and Rescue Authority’;

(e)‘QFS’;

(f)‘QFRS’;

(g)‘QFES’;

(h)‘QFRA’;

(i)another expression that includes an expression mentioned in paragraphs (a) to (h).

15Omission of s 150I (Warning device or lights on SES or ES vehicle)

Section 150I—
omit.

16Amendment of s 151I (Appointments and authority)

Section 151I(1)(h) to (m)—
omit.

17Replacement of s 152 (Exemption from toll)

Section 152—
omit, insert—

152Exemption from toll

(1)This section applies if a fire officer is driving a fire engine or a similar vehicle.

(2)The fire officer is exempt from payment of a toll for the use by the officer and the vehicle of a road, bridge or ferry.

18Amendment of s 152B (Use of unregistered vehicles on roads)

(1)Section 152B, heading—
omit, insert—

152B Use of unregistered vehicle on road by rural fire brigade

(2)Section 152B(1)(a), ‘or an ES unit’—
omit.

(3)Section 152B(1)(b), ‘or ES unit’—
omit.

(4)Section 152B(1)(b), example—
omit.

19Omission of ss 153C and 154C

Sections 153C and 154C—
omit.

20Amendment of s 154E (Regulation-making power)

Section 154E(2)(b)—
omit, insert—

(b)matters relating to the entitlements, powers, responsibilities and liabilities of fire service officers;

21Amendment of sch 6 (Dictionary)

(1)Schedule 6, definitions authorised rescue officer, emergency-related function, emergency service area, ESU function, ESU member, ES unit, ES unit coordinator, ES vehicle, local controller, relevant ES unit, SES, SES coordinator, SES function, SES member, SES unit and SES vehicle—
omit.

(2)Schedule 6, definition code of practice, ‘or 147D’—
omit.

22Act amended

This part amends the Police Service Administration Act 1990.

Note—

See also the amendments in schedule 1.

23Amendment of s 2.5 (Administration of staff members)

(1)Section 2.5(1)—
insert—

(d)MRQ members; and

(e)SES members.

(2)Section 2.5(2), ‘in the service’—
omit, insert—

in or for the service

24Amendment of s 4.8 (Commissioner’s responsibility)

Section 4.8(1)—
omit, insert—

(1)The commissioner is responsible for—

(a)the efficient and proper administration, management and functioning of the police service in accordance with law; and

(b)without limiting paragraph (a), the efficient and proper administration, management and functioning of—

(i)Marine Rescue Queensland under the Marine Rescue Queensland Act 2023; and

(ii)the State Emergency Service under the State Emergency Service Act 2023.

25Amendment of s 5.18 (Appointment of watch-house officers)

Section 5.18(3), note, from ‘Staff members’ to ‘police officers.’—
omit, insert—

Staff members may include persons appointed under the Public Sector Act 2022 or section 8.3(5) but do not include police officers.

26Amendment of s 5A.3 (Persons to whom pt 5A applies)

Section 5A.3(1)(b)—
omit, insert—

(b)a staff member, other than the following persons, whose duties include performing functions in a critical area—

(i)an MRQ volunteer;

(ii)an SES local government employee;

(iii)an SES volunteer; or

27Amendment of s 5A.21A (Agreements about counselling and rehabilitation)

(1)Section 5A.21A(1)—
omit, insert—

(1)An eligible member of the service may make a written request to a person prescribed by regulation (a prescribed person) for the provision of counselling or rehabilitation about the member’s personal use of alcohol or a drug.

(2)Section 5A.21A(2) and (3), ‘member’—
omit, insert—

‘eligible member’

(3)Section 5A.21A(7)—
omit, insert—

(7)In this section—

eligible member means a member of the service, other than—

(a)an MRQ volunteer; or

(b)an SES local government employee; or

(c)an SES volunteer.

28Amendment of s 5AA.3 (Meaning of engaged by the service)

Section 5AA.3(g), after ‘volunteer’—
insert—

under section 10.5(6)

29Amendment of s 5AA.10A (Information about disciplinary action to be given by chief executive)

Section 5AA.10A(1)(b), ‘as a member of the service’—
omit, insert—

by the service

30Amendment of s 10.5 (Civil liability of police officers and others for engaging in conduct in official capacity)

Section 10.5(6), definition volunteer, after ‘decided by the commissioner’—
insert—

but does not include an MRQ volunteer or SES volunteer

31Insertion of new pt 11, div 17

Part 11—
insert—

Division 17 Transitional provision for Emergency Services Reform Amendment Act 2023

11.55 Advising MRQ and SES members engaged by service of duties of disclosure etc.

(1)This section applies in relation to a person who, on the commencement, is—

(a)an MRQ member or SES member; and

(b)a staff member engaged by the service within the meaning of section 5AA.3.

(2)The commissioner must tell the person the things mentioned in section 5AA.5(1)(a)(i) and (ii) and give the person the guidelines mentioned in section 5AA.5(1)(b) as soon as practicable after the commencement.

(3)However, subsection (2) applies only if the commissioner considers that the terms of the person’s engagement by the service require the commissioner to comply with subsection (2).

(4)Section 5AA.5(1) does not apply to the commissioner in relation to the person other than to the extent mentioned in subsection (2).

32Amendment of sch 1 (Relevant information)

(1)Schedule 1, heading, Information about staff members, applicants to become staff members, volunteers and students on work experience—
omit, insert—

Information about staff members, applicants to become staff members, volunteers and students on work experience (but not including MRQ volunteers, SES local government employees or SES volunteers or applicants to become those persons)

(2)Schedule 1, before the heading, Persons performing, or seeking to perform, functions for the service under a contract for services—
insert—

Information about MRQ volunteers, SES local government employees and SES volunteers and applicants to become MRQ volunteers, SES local government employees or SES volunteers

1Information in a database kept by the ACC about the person’s criminal history

2Information about—

•the suspension or cancellation of the person’s working with children authority under the Working with Children (Risk Management and Screening) Act 2000

•the issue of a negative notice to the person under the Working with Children (Risk Management and Screening) Act 2000.

33Amendment of sch 2 (Dictionary)

(1)Schedule 2, definition prescribed responsibility—
omit.

(2)Schedule 2—
insert—

MRQ member see the Marine Rescue Queensland Act 2023, schedule 1.

MRQ volunteer see the Marine Rescue Queensland Act 2023, schedule 1.

prescribed responsibility means the responsibility of the commissioner for the matters mentioned in section 4.8(1)(a) and (b).

SES local government employee means an SES employee under the State Emergency Service Act 2023 who—

(a)performs an SES function as an employee of a local government; and

(b)does not also perform an SES function as an employee of the State.

SES function see the State Emergency Service Act 2023, schedule 1.

SES member see the State Emergency Service Act 2023, schedule 1.

SES volunteer—

(a)generally—see the State Emergency Service Act 2023, schedule 1; and

(b)for part 5A or schedule 1—does not include a person who also performs an SES function as an employee of the State.

34Act amended

This part amends the Workers’ Compensation and Rehabilitation Act 2003.

35Amendment of s 13 (Particular persons under Disaster Management Act 2003)

(1)Section 13(2) and (3)—
omit, insert—

(2)The contract may cover—

(a)a person required to give reasonable help under the Disaster Management Act 2003, section 77(1)(q) or 112(3)(g); or

(b)another person performing a function or exercising a power under that Act.

(3)A person covered by the contract is entitled to compensation for injury sustained only while engaged in disaster operations, or participating in an activity arising out of, or in the course of, disaster operations, including training.

(2)Section 13(4), definition emergency function—
omit.

36Insertion of new ss 13A and 13B

After section 13—
insert—

13AMarine Rescue Queensland volunteer

(1)WorkCover may enter into a contract of insurance for this subdivision with the commissioner of the police service in the commissioner’s capacity as having responsibility for the administration of Marine Rescue Queensland under the Marine Rescue Queensland Act 2023.

(2)The contract may cover an MRQ volunteer under the Marine Rescue Queensland Act 2023.

(3)A person covered by the contract is entitled to compensation for injury sustained only while performing an authorised function, or participating in an activity arising out of, or in the course of, performing an authorised function, including training.

(4)In this section—

authorised function means an MRQ function under the Marine Rescue Queensland Act 2023.

13BState Emergency Service volunteer

(1)WorkCover may enter into a contract of insurance for this subdivision with the commissioner of the police service in the commissioner’s capacity as having responsibility for the administration of the State Emergency Service under the State Emergency Service Act 2023.

(2)The contract may cover an SES volunteer under the State Emergency Service Act 2023.

(3)A person covered by the contract is entitled to compensation for injury sustained only while performing an authorised function, or participating in an activity arising out of, or in the course of, performing an authorised function, including training.

(4)In this section—

authorised function means an SES function under the State Emergency Service Act 2023.

37Act amended

This part amends the Working with Children (Risk Management and Screening) Act 2000.

38Amendment of sch 1, s 26 (Person engaged in employment for the police service)

Schedule 1, section 26—
insert—

(2)However, chapter 7 of this Act does apply to the employment under section 6(1) of—

(a)an MRQ volunteer for providing a health service to a child in association with the performance of a function mentioned in the Marine Rescue Queensland Act 2023, section 7(1); or

(b)an SES local government employee or SES volunteer for providing a health service to a child in association with the performance of a function mentioned in the State Emergency Service Act 2023, section 7(1).

(3)In this section—

health service means a service to which section 6(3), definition health service, paragraph (a) applies.

MRQ volunteer see the Marine Rescue Queensland Act 2023, schedule 1.

SES local government employee means an SES employee under the State Emergency Service Act 2023 who—

(a)performs an SES function as an employee of a local government; and

(b)does not also perform an SES function as an employee of the State.

SES volunteer means an SES member under the State Emergency Service Act 2023 who—

(a)performs an SES function as a volunteer; and

(b)does not also perform an SES function as an employee of the State.

39Legislation amended

Schedule 1 amends the legislation it mentions.

section 39

1Schedule 1—

insert—

Marine Rescue Queensland under the Marine Rescue Queensland Act 2023

2Schedule 1, entry for The State Emergency Service under the Fire and Emergency Services Act 1990—

omit, insert—

the State Emergency Service under the State Emergency Service Act 2023

3Schedule 2—

insert—

Marine Rescue Queensland under the Marine Rescue Queensland Act 2023

4Schedule 2, entry for The State Emergency Service under the Fire and Emergency Services Act 1990—

omit, insert—

the State Emergency Service under the State Emergency Service Act 2023

1Section 132A(4), definition State Emergency Service—

omit, insert—

State Emergency Service means the State Emergency Service under the State Emergency Service Act 2023.

1Section 297(1)(b)(i)—

omit, insert—

(i)the employee is an SES member under the State Emergency Service Act 2023 and is absent for the purpose of performing an SES function under that Act in an emergency situation;

1Section 30(2), definition emergency service, before paragraph (a)—

insert—

(aa)Marine Rescue Queensland under the Marine Rescue Queensland Act 2023;

2Section 30(2), definition emergency service, paragraphs (aa) to (d)—

renumber as paragraphs (a) to (e).

1Section 14(2)(k)(ii)—

omit, insert—

(ii)performing SES functions under the State Emergency Service Act 2023 as an SES volunteer under that Act;

1Section 2.5A, ‘Public Service Act 2008’—

omit, insert—

Public Sector Act 2022

2Section 8.3(6)(b), ‘Public Service Act 2008’—

omit, insert—

Public Sector Act 2022

1Section 66(1)—

omit, insert—

(1)For section 5A.21A(1) of the Act, each of the following persons is prescribed as a person to whom a request for the provision of counselling or rehabilitation may be made under that provision—

(a)the ADT coordinator;

(b)a member of the service approved by the commissioner for this part.

1Section 333(1)(d)—

omit, insert—

(d)SES members under the State Emergency Service Act 2023;

1Section 178(2)(a)—

omit, insert—

(aa)the police service;

(a)the department in which the Fire and Emergency Services Act 1990 is administered;

2Section 178(2)(b), ‘the emergency services department’—

omit, insert—

the commissioner of the police service

3Section 178(2)(aa) to (c)—

renumber as section 178(2)(a) to (d).

4Schedule 9, definition accredited surf life saving club, ‘the emergency services department’—

omit, insert—

the commissioner of the police service

5Schedule 9, definition emergency services department—

omit.

1Schedule 5, definition emergency response vehicle, paragraph (a)(vi)—

omit, insert—

(vi)the State Emergency Service under the State Emergency Service Act 2023; or

1Section 579A(2), definition prescribed entity, example, third dot point—

omit, insert—

the State Emergency Service under the State Emergency Service Act 2023

1Schedule 6A, item 5—

omit, insert—

5a member of the State Emergency Service under the State Emergency Service Act 2023

2Schedule 6A—

insert—

15a member of Marine Rescue Queensland under the Marine Rescue Queensland Act 2023

1Section 279A(4), definition State Emergency Service—

omit, insert—

State Emergency Service means the State Emergency Service established under the State Emergency Service Act 2023.

© State of Queensland 2023