State Counter-Disaster Organisation Act 1975

Queensland STATE COUNTER-DISASTER ORGANISATION ACT 1975 Reprinted as in force on 27 August 2003 (includes commenced amendments up to 2003 Act No. 46) Reprint No. 2C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2003 Act No. 91 s 149

Information about this reprint This Act is reprinted as at 27 August 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland STATE COUNTER-DISASTER ORGANISATION ACT 1975 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Relationship with other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Limitation of operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6A Meaning of “disaster” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Crown bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—ADMINISTRATION 8 Administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 State counter-disaster organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Functions of organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Business of organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Central control group. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13 State Emergency Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 Functions of State Emergency Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14A Appointment of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14B Powers of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15 Powers and duties of director generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Executive officer’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 18 Declaration of regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 20 Disaster districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 21 Disaster district control groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2 State Counter-Disaster Organisation Act 1975 22 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3—DECLARATION OF STATE OF DISASTER 23 Power of disaster district coordinator to declare state of disaster . . . . . . . . . 24 Power of Governor in Council to declare state of disaster . . . . . . . . . . . . . . 25 Powers upon declaration of state of disaster . . . . . . . . . . . . . . . . . . . . . . . . . PART 4—POWERS AND DUTIES OF LOCAL GOVERNMENTS 26 Duties as to counter-disaster measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Power to unite in contracts for counterdisaster purposes . . . . . . . . . . . . . . . 28 Allocations to local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28A Warning devices and lights on vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28B Exemption from tolls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5—MISCELLANEOUS 29 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Offences with respect to officers and other persons . . . . . . . . . . . . . . . . . . . 31 Offences generally and penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Offences by body corporate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Protection of employment rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Insurance of volunteers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 13 13 16 17 17 17 18 18 18 19 19 19 20 20 20 21 21 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 22 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

s1 3 s5 State Counter-Disaster Organisation Act 1975 STATE COUNTER-DISASTER ORGANISATION ACT 1975 [as amended by all amendments that commenced on or before 27 August 2003] An Act to provide for the establishment of a State counterdisaster organisation and a State Emergency Service and their powers, authorities, functions and duties and for matters incidental to and consequent upon their establishment PART 1—PRELIMINARY 1 Short title This Act may be cited as the State Counter-Disaster Organisation Act 1975 . 4 Relationship with other laws Where a provision of this Act is inconsistent with a provision of any other Act, other than the Public Safety Preservation Act 1986, part 3, 1 the provision of this Act shall prevail. 5 Limitation of operation This Act does not authorise the taking of measures amounting to or making preparations for— (a) actual combat against an enemy; (b) the putting down of a riot or other civil disturbance; (c) the bringing to an end of a strike or lock-out. 1 Public Safety Preservation Act 1986 , part 3 (Chemical, biological and radiological emergencies)

s6 4 s6 State Counter-Disaster Organisation Act 1975 6 Definitions In this Act— “approved form” see section 37. “authorised person” means a person authorised to act by the chairperson or by a disaster district coordinator. “boat” means any type of ship or other vessel used in navigation by water or for another purpose on water, and includes a ship or other vessel of whatever size and however it is propelled or moved. “body” means a body corporate or unincorporate and includes a government department, instrumentality or agency, public authority or local government. “chairperson” means the chairperson of the central control group established under this Act. “combined local governments” means local governments that have united with one another for counterdisaster purposes. “counterdisaster” means the planning, organisation, coordination or implementation of measures that are necessary or desirable to prevent, minimise or overcome the effects of a disaster upon members of the public or any property in the State, and includes the conduct of or participation in training for those purposes, and also civil defence measures necessary to combat the effects of enemy attack or hostilities. “director” means an officer of the department nominated by the chief executive as the executive director (counterdisaster services). “disaster” see section 6A. “disaster district” means a portion of the State declared to be a disaster district under this Act. “disaster district coordinator” means a disaster district coordinator appointed under this Act. “emergency related function” see section 14(3). “local controller” means the controller of a local emergency service appointed under this Act. “local emergency service” means an emergency service established and maintained under this Act by a local government within its area or by combined local governments within their combined areas.

s 6A 5 s 6A State Counter-Disaster Organisation Act 1975 “organisation” means the State counterdisaster organisation constituted under this Act. “region” means any part of a disaster district or any disaster district or any 2 or more disaster districts declared to be a region under this Act. “resources” includes food, manpower, any horse or other animal, vehicle, aircraft, plant, apparatus, implement, earthmoving equipment, construction equipment or other equipment of any kind or any means of supplying a want or need. “SES” means the State Emergency Service. “SES member” means a person in the SES. “SES vehicle” means a vehicle of the SES. “statutory service” means a body that is constituted by or under an Act of the State or of the Commonwealth and whose role usually includes counterdisaster operations. “vehicle” includes a boat. 6A Meaning of “disaster” (1) A “disaster” is an event that causes or threatens to cause any of the following— (a) widespread or severe property loss or damage; (b) widespread or severe human injury or illness; (c) loss of human life. (2) The event may be natural or caused by human acts or omissions. (3) Without limiting subsection (1), the event may be any of the following— (a) a flood, earthquake, seismic sea wave, cyclone, storm, tornado, eruption or other natural happening; (b) an explosion, fire, gas leak, fuel or oil spill or any accident; (c) an infestation, plague or epidemic; (d) a failure of, or disruption to, an essential service or infrastructure; (e) an attack against the State.

s7 6 State Counter-Disaster Organisation Act 1975 7 Crown bound This Act binds the Crown. s 11 PART 2—ADMINISTRATION 8 Administration of Act This Act shall be administered by the Minister and subject to the Minister’s control and direction by the director and other officers appointed pursuant to this Act. 9 State counter-disaster organisation (1) There is established and there shall at all times hereafter be constituted a body called the State Counter-Disaster Organization. (2) The organisation consists of— (a) the members of the central control group; and (b) any other persons appointed by the Governor in Council. 10 Functions of organisation The functions of the organisation are— (a) to coordinate the resources necessary to ensure that all steps are taken to plan for and counter the effects of a disaster; (b) to give advice and assistance to the Minister on all matters with respect to counterdisaster. 11 Business of organisation The organisation shall meet as often as is necessary for the due administration of this Act and the performance of its functions at such times and places as it thinks fit and shall conduct its business in the way it determines from time to time.

s 12 7 s 13 State Counter-Disaster Organisation Act 1975 12 Central control group (1) For the purposes of carrying out the functions of the organisation there is established and there shall at all times hereafter be constituted a central control group consisting of persons appointed by the Governor in Council. (1A) The Governor in Council must appoint— (a) a member of the group to be chairperson of the group; and (b) another member of the group to be the executive officer of the group. (2) The Minister may, in consultation with the Minister in charge of any department of the Government of the State or statutory corporation, appoint as a member of the central control group for such period as the Minister thinks fit the permanent head of that department or statutory corporation, whether or not that permanent head is a member of the organisation. (3) The chairperson shall preside at all meetings or consultations among members of the central control group at which the chairperson is present and in the chairperson’s absence from any cause another member thereof appointed as prescribed under a regulation shall preside and while so presiding shall have the powers, authorities, functions, duties and immunities of the chairperson. (4) If any member is unable from any cause to attend a meeting or consultation among members of the central control group, the member may authorise any other officer of the member’s department to attend the meeting or participate in the consultation in the member’s stead and while so attending or participating that other officer shall be deemed for all purposes to be a member of the central control group save that the other officer shall not be entitled to be chairperson of that meeting or for the purposes of that consultation. (5) The central control group shall meet as often as is necessary for the due performance of its functions at such times and places as it thinks fit and shall conduct its business in the way it determines from time to time. 13 State Emergency Service (1) The body called the Queensland State Emergency Service established pursuant to the repealed Acts is continued in existence and established under this Act under the name State Emergency Service.

s 14 8 s 14B State Counter-Disaster Organisation Act 1975 (2) The persons who at the commencement of this Act comprised the body called the Queensland State Emergency Service shall, subject to this Act, comprise the State Emergency Service as established by this Act. 14 Functions of State Emergency Service (1) The functions of the State Emergency Service are— (a) to advise and assist local governments, government departments, statutory organisations, voluntary groups and other bodies; (b) to educate and train members of the public (including volunteers and members of voluntary groups); (c) to coordinate, direct and control members of the public (including volunteers and members of voluntary groups), material and resources; with respect to counterdisaster purposes. (2) The SES also has the following functions— (a) to carry out rescue or similar operations in an emergency situation; (b) to carry out search operations in an emergency or other situation; (c) to carry out other operations in an emergency situation to— (i) help injured persons; or (ii) protect persons or property from danger or potential danger associated with the emergency situation. (3) A function mentioned in subsection (2) is called an “emergency related function” . 14A Appointment of authorised officers The director may appoint SES members, or members of a class of SES members, as authorised officers. 14B Powers of authorised officers (1) To help the SES perform an emergency related function, an authorised officer may— (a) take reasonable steps—

s 15 9 s 15 State Counter-Disaster Organisation Act 1975 (i) to protect persons trapped in a vehicle or receptacle or endangered in another way; and (ii) to protect the officer or other authorised officers or persons from danger, potential danger or assault from other persons; and (b) if it is necessary and reasonable in the circumstances—do any of the acts mentioned in subsection (2). (2) For subsection (1)(b), the acts an authorised officer may do are— (a) enter any premises or vehicle; and (b) open a receptacle, using force that is necessary and reasonable; and (c) bring any apparatus or equipment onto premises; and (d) remove any article or material from a place, or otherwise deal with the article or material; and (e) destroy (entirely or partially), or damage, any premises, vehicle or receptacle; and (f) ask a person to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e). (3) Without limiting subsection (1)(a)(ii), an authorised officer may direct a person not to enter, or to leave, a stated area around the site of a danger to a patient. 15 Powers and duties of director generally In carrying out the functions of the State Emergency Service, the director— (a) shall establish and direct the policy of the State Emergency Service with respect to planning, organisation, equipment, training, administration and operations; (b) shall arrange counterdisaster education and advisory programs and disseminate information; (c) may appoint suitable persons to be registered volunteer members of the State Emergency Service;

s 16 10 s 18 State Counter-Disaster Organisation Act 1975 (d) may appoint suitable persons to be executive volunteer members of the State Emergency Service; (e) prior to, during or subsequent to the occurrence of a disaster, may appoint suitable persons to be temporary volunteer members of the State Emergency Service; (f) may issue to members or volunteer members of any class or kind adequate means of personal identification; (g) may inspect at regular intervals of time resources provided for local governments for counterdisaster purposes; (h) shall advise and assist the Minister and the chairperson on all matters with respect to the State Emergency Service. 16 Executive officer’s functions The executive officer of the central control group— (a) shall assist and advise the Minister and the chairperson on all matters with respect to counterdisaster; (b) shall be responsible to the chairperson for the coordination and adequacy of counterdisaster measures; (c) shall, prior to, during or subsequent to the occurrence of a disaster translate to action instructions the decisions of the central control group and shall ensure that those instructions are transmitted to and carried out by the bodies to whom they are directed. 17 Committees (1) The Minister may appoint such executive committees and advisory committees as the Minister considers necessary to assist the organisation or the State Emergency Service in the efficient performance of its functions or in the achievement of its objects and purposes. (2) A committee shall comprise prescribed persons. 18 Declaration of regions The Governor in Council may, by gazette notice—

s 20 11 s 21 State Counter-Disaster Organisation Act 1975 (a) divide a disaster district into 2 or more parts and declare each part to be a region for the purposes of this Act; (b) declare a disaster district or any 2 or more disaster districts to be a region for the purposes of this Act; (c) vary any region declared pursuant to paragraph (b) by excluding therefrom or including therein any disaster district. 20 Disaster districts (1) The Governor in Council may by gazette notice constitute any portion of the State a disaster district for the purposes of this Act and assign to that district a name and may in like manner— (a) include in a disaster district any portion of the State that is not included in a disaster district; (b) abolish a disaster district or districts and join such district or districts or join parts of such district or districts with another district or districts; (c) alter the boundaries of disaster districts by including in one district any part or parts of other districts and by excluding such part or parts from such other district or districts; (d) divide a disaster district into 2 or more disaster districts; (e) alter the name of a disaster district. (2) A disaster district constituted pursuant to this section may comprise the whole or any division or part of the area of a local government or the whole or any divisions or parts of the areas of 2 or more local governments. 21 Disaster district control groups (1) There is established and there shall at all times hereafter be constituted in respect of each disaster district a disaster district control group comprising a disaster district coordinator appointed by the Governor in Council who shall be chairperson and such other members as are prescribed under a regulation, appointed as prescribed. (2) The functions of a disaster district control group are— (a) to make counterdisaster plans for its disaster district and review them from time to time and submit plans and reviewed plans to the central control group;

s 22 12 s 23 State Counter-Disaster Organisation Act 1975 (b) to keep and maintain up to date standing orders for counterdisaster purposes within its disaster district; (c) such other functions as are prescribed under a regulation. (3) A disaster district control group shall meet as often as is necessary for the due performance of its functions at such times and places as it thinks fit and shall conduct its business in the manner prescribed under a regulation or, so as far as not prescribed, as it determines from time to time. (4) A disaster district coordinator shall have and may exercise such powers and perform such functions and duties as are prescribed under a regulation or so far as not prescribed as the Minister determines. 22 Delegations (1) The Minister may delegate the Minister’s powers under this Act to an officer or employee of the public service. (2) The chairperson may delegate the chairperson’s powers under this Act to an officer or employee of the public service. (3) The director may delegate the director’s powers under this Act to an officer or employee of the public service. (4) A disaster district coordinator for a disaster district control group may delegate the coordinator’s powers under this Act to another member of the group. PART 3—DECLARATION OF STATE OF DISASTER 23 Power of disaster district coordinator to declare state of disaster (1) If at any time it appears to a disaster district coordinator that the magnitude or threatened magnitude of a disaster or impending disaster is or is likely to be so great in extent or severity in the coordinator’s disaster district that the counterdisaster measures necessary or desirable in respect of the disaster are or are likely to be beyond the capacity of the statutory services, the coordinator may, after consultation with the disaster district control group for that district and with the approval of the Minister, declare that a state of disaster exists in respect of that district.

s 24 13 s 25 State Counter-Disaster Organisation Act 1975 (2) A declaration of a state of disaster made pursuant to this section— (a) shall be in the approved form; (b) shall come into force immediately it is signed; (c) shall continue in force for 3 days from and including the date the declaration was made unless sooner revoked by a regulation. (3) The duration of a state of disaster declared in a declaration and pursuant to this section may be extended by regulations for such periods not exceeding in each case 14 days as are stated in the regulations. 24 Power of Governor in Council to declare state of disaster (1) If any time it is made to appear to the Governor in Council that the magnitude or threatened magnitude of a disaster or impending disaster is or is likely to be so great in extent or severity that the counterdisaster measures necessary or desirable with respect to the disaster are beyond the resources of a disaster district coordinator, the Governor in Council may, by regulation, declare that a state of disaster exists in respect of any disaster district or districts or of the whole state. (2) A declaration of a state of disaster made pursuant to this section— (a) comes into force when the regulation is made; and (b) continues in force for 14 days from the date the regulation is made, unless sooner revoked. (2A) The duration of a state of disaster declared in a declaration pursuant to this section may be extended by regulations for such periods not exceeding in each case 14 days as are stated in the regulations. (3) The Governor in Council by regulation— (a) may at any time revoke a declaration made pursuant to this section or section 23; (b) may extend for periods not exceeding in each case 14 days the duration of a state of disaster declared in a declaration pursuant to this section or section 23. 25 Powers upon declaration of state of disaster (1) Upon a declaration of a state of disaster pursuant to section 23 or 24—

s 25 14 s 25 State Counter-Disaster Organisation Act 1975 (a) the chairperson— (i) shall institute such measures as are in accordance with the disaster contingency plans, directions and orders of the central control group; (ii) may direct that the resources of the government of the State and other resources that the chairperson considers necessary to relieve the effects of the disaster, or minimise the potential effects of the impending disaster, be made available; (iii) may take such other action as the chairperson considers appropriate to counter the effects of the disaster or minimise the potential effects of the impending disaster; (iv) may authorise the expenditure of such sums of money as are determined by the government of the State to relieve personal distress and assist in counterdisaster measures; (v) may, if it appears to the chairperson that resources of the Commonwealth or of another State are necessary to make better provision for the relief of the effects of the disaster, or potential effects of the impending disaster, with the approval of the Minister, request aid in accordance with procedures prescribed under a regulation; (b) a disaster district coordinator— (i) shall take immediate action to use, direct and coordinate all available resources within the coordinator’s disaster district to counter the effects of the disaster or minimise the potential effects of the impending disaster; (ii) shall, immediately they become available, use, direct and coordinate all additional resources that may be allocated or in respect of which arrangements have been made for allocation by the central control group; (iii) shall take such other measures as are provided for in contingency plans and standing orders. (2) Upon a declaration of a state of disaster pursuant to section 23 or 24— (a) the chairperson or a disaster district coordinator, if he or she is of opinion that such action is necessary for the preservation of human life and without any authority other than this provision—

s 25 15 s 25 State Counter-Disaster Organisation Act 1975 (i) may require the owner or the person for the time being in charge of any resources to surrender them and place them under the control and direction of any authorised person involved in counterdisaster operations; (ii) may direct the evacuation and exclusion of persons from any place and in the exercise of those powers may remove or cause to be removed a person who does not comply with a direction to evacuate or a person who enters or is found in a place in respect of which a direction for the exclusion of persons has been given; (b) a disaster district coordinator, local controller, police officer or an authorised person involved in counterdisaster operations without any authority other than this provision— (i) may enter (by force if necessary) any place where he or she believes on reasonable grounds it is necessary so to do for the saving of human life or the prevention of injury to persons or for the rescue of injured or endangered persons or for facilitating the carrying out of other urgent measures with respect to the relief of suffering and distress; (ii) may, if in his or her opinion it is necessary so to do for the conduct of counterdisaster operations, close to traffic any road, street, motorway, private street, private way, service lane, right of way or access way or other way or close any public place; (iii) may remove from any place a vehicle that is impeding counterdisaster operations and to facilitate its removal may use such force as is reasonably necessary or break into that vehicle. (3) The powers conferred upon the chairperson or a disaster district coordinator by subsection (2)(a)(ii) may be exercised also by a local controller, police officer or an authorised person involved in counterdisaster operations. (4) A person who suffers loss or damage to the person’s property by reason of the exercise of the powers conferred by subsection (2)(a)(i) and subsection (2)(b)(iii) shall be entitled to claim in the manner prescribed compensation for such loss or damage. (5) A claim for compensation shall be made to the Minister whose decision thereon shall be final and conclusive.

s 26 16 s 26 State Counter-Disaster Organisation Act 1975 PART 4—POWERS AND DUTIES OF LOCAL GOVERNMENTS 26 Duties as to counter-disaster measures (1) Save where the local government has united with 1 or more than 1 other local government for counterdisaster purposes under subsection (2), each local government— (a) shall prepare a local counterdisaster plan to deal with all counterdisaster measures within its area; (b) shall establish and at all times maintain within its area a local emergency service based upon the resources of the local government and including members of the State Emergency Service, volunteers and members of voluntary groups all of whom shall be resident in that area, with such advisory committees, units and services as the Minister considers necessary or desirable; (c) shall use, as prescribed under a regulation or so far as not prescribed as the Minister determines, for counterdisaster purposes its resources and resources made available to it for those purposes. (2) A local government may, by agreement and with the approval of the Minister, unite with 1 or more than 1 other local government for the purpose of arranging and carrying out counterdisaster measures in the combined areas of the local governments that are parties to the agreement. (3) Where 2 or more local governments have united for counterdisaster purposes under this section, they— (a) shall prepare a joint counterdisaster plan to deal with all counterdisaster measures within the combined areas; (b) shall establish and at all times maintain within their combined areas a local emergency service based upon the resources of the combined local governments and including members of the State Emergency Service, volunteers and members of voluntary groups all of whom shall be resident within those areas, with such committees, units and services as the Minister considers necessary or desirable; (c) shall use, as prescribed under a regulation or so far as not prescribed as the Minister determines, for counterdisaster

s 27 17 s 28A State Counter-Disaster Organisation Act 1975 purposes the resources of the combined local governments and resources made available to them for those purposes. (4) Every counterdisaster plan prepared in accordance with this section shall be furnished by the local government or, as the case requires, combined local governments to the appropriate disaster district coordinator for approval and shall upon approval form part of the disaster district plans of the organisation. (4A) The procedure to be followed by a disaster district coordinator upon receipt by the coordinator of a plan furnished pursuant to this section shall be as prescribed under a regulation. (5) Upon the establishment of a local emergency service pursuant to this section, a local government or, as the case requires, the combined local governments shall nominate a person to be the local controller and furnish that nomination to the director for approval and appointment. (6) A local controller shall have and may exercise such powers and perform such functions and duties as are prescribed under a regulation or so far as not prescribed as the Minister determines. 27 Power to unite in contracts for counterdisaster purposes Where 2 or more local governments have united for counterdisaster purposes, they may for those purposes enter into contracts (being within their several powers) between themselves or some or 1 of them on behalf of all of them on the one hand and any other person on the other hand and generally may join in any act. 28 Allocations to local governments (1) The Minister may, out of moneys appropriated by Parliament for the purposes of this Act, allocate to a local government or combined local governments such sums and for such purposes as the Minister determines. (2) Sums allocated pursuant to this section shall be expended for the purposes for which the allocation was made. 28A Warning devices and lights on vehicles (1) Warning devices or warning lights in or on an SES vehicle may be sounded or activated while the vehicle is moving only by an SES member.

s 28B 18 State Counter-Disaster Organisation Act 1975 s 30 (2) However, an SES member may sound the warning devices, or activate the warning lights, only if the member— (a) is acting in the performance of the member’s functions in an emergency; and (b) considers it is necessary to sound the devices or activate the lights. 28B Exemption from tolls (1) This section applies if— (a) an SES member is travelling in an SES vehicle in the performance of the member’s functions in an emergency; and (b) warning devices or warning lights in or on the vehicle are sounding or activated. (2) A toll is not payable for the vehicle for use of any road, bridge or vehicular ferry. PART 5—MISCELLANEOUS 29 Protection from liability No action or proceeding shall lie or be brought or allowed by or in favour of any person against the Crown, the Minister, a local government, combined local governments, member of the police force, the State Emergency Service or the director or other officer thereof or any other person or body acting in the execution or intended execution of this Act or in accordance with any delegation under this Act or in compliance or intended compliance with any direction given or purported to be given under this Act in respect of anything done or omitted to be done in good faith under and for the purposes of this Act. 30 Offences with respect to officers and other persons A person shall not assault, obstruct, threaten, abuse, insult or intimidate the director, an officer or any other person in the exercise of his or her

s 31 19 s 33 State Counter-Disaster Organisation Act 1975 powers or the discharge of his or her functions and duties under this Act or attempt so to do. 31 Offences generally and penalty (1) A person who contravenes or fails to comply with any provision of this Act is guilty of an offence against this Act. (2) A person who— (a) fails to do that which the person is directed or required to do; (b) does that which the person is forbidden to do; by a person acting under the authority of this Act commits an offence against this Act. (3) A person who is guilty of an offence against this Act is liable to a maximum penalty of 10 penalty units. 32 Proceedings for offences Prosecutions for offences against this Act shall be taken by way of summary proceedings under the Justices Act 1886 . 33 Offences by body corporate (1) Where a body corporate commits an offence against this Act each of the following persons shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly— (a) the managing director, manager or other governing officer, by whatever name called and every member of the governing body thereof, by whatever name called; and (b) every person who in Queensland manages or acts or takes part in the management, administration or government of the business in Queensland of the body corporate. (2) This section applies so as not to limit or affect howsoever the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it.

s 34 20 s 36 State Counter-Disaster Organisation Act 1975 34 Evidentiary provisions In a proceeding for the purposes of this Act a certificate purporting to be signed by the director and to certify— (a) that a state of disaster was in existence either in the whole State or a part of the State as specified therein on a day or during a period specified therein; or (b) that a declaration of a state of disaster was in force on a day or during a period specified therein; or (c) that a delegation by the Minister, chairperson or director to a person specified therein of the exercise or performance of any power, authority, function or duty specified therein was in force on a day or during a period specified therein; or (d) that a delegation by the Minister, chairperson or director to a person specified therein was subject to the conditions or limitations specified therein or was not subject to any conditions or limitations other than those specified therein or was not subject to any conditions or limitations at all; or (e) that a person specified therein was a person authorised pursuant to this Act; shall be evidence of the facts so certified. 35 Protection of employment rights A person who during the period of a state of disaster declared pursuant to this Act is absent from the person’s usual employment on duties in connection with counterdisaster in any capacity whatever shall not be liable for dismissal, loss of long service leave, sick leave, recreation leave or other benefits to which the person may be entitled under the industrial award applicable to the person’s usual employment by reason only of the absence on those duties whether or not the person’s usual employer has consented to the absence. 36 Insurance of volunteers The chief executive must enter into a contract of insurance with WorkCover or another insurer for insurance for members of— (a) a body acting under the authority of the organisation; or

s 37 21 s 38 State Counter-Disaster Organisation Act 1975 (b) the SES; or (c) a local emergency service; while the members are engaged in a counterdisaster operation or an emergency related function, or participating in an activity arising out of, or in the course of, a counterdisaster operation or an emergency related function, including training, under the control of— (d) a member of the organisation or a person acting under the member’s authority; or (e) the director or a person acting under the director’s authority; or (f) a member of a local emergency service or a person acting under the member’s authority. 37 Approval of forms The chief executive may approve forms for use under this Act. 38 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may— (a) create offences against the regulation; and (b) fix a maximum penalty of a fine of 2 penalty units for an offence against the regulation.

22 State Counter-Disaster Organisation Act 1975 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 27 August 2003. Future amendments of the State Counter-Disaster Organisation Act 1975 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

23 State Counter-Disaster Organisation Act 1975 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF REPRINTS Reprint No. 1 1A 2 2A Amendments included to 1995 Act No. 55 to 1996 Act No. 75 to 1999 Act No. 19 to 1999 Act No. 80 Effective 22 November 1995 1 February 1997 30 April 1999 14 December 1999 2B to 2002 Act No. 60 6 December 2002 2C to 2003 Act No. 46 27 August 2003 Reprint date 2 February 1996 14 April 1997 24 May 1999 23 December 1999 (Column discontinued) Notes 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed citations and remade laws Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 6 List of legislation State Counter-Disaster Organisation Act 1975 No. 40 (prev State Counter-Disaster Organization Act 1975) date of assent 1 October 1975 commenced 11 December 1975 (proc pubd gaz 11 December 1975 p 1387) amending legislation— State Counter-Disaster Organization Act Amendment Act 1978 No. 60 date of assent 29 September 1978 commenced on date of assent Emergency Services Legislation Amendment Act 1995 No. 55 pts 1, 3 date of assent 22 November 1995 commenced on date of assent

24 State Counter-Disaster Organisation Act 1975 WorkCover Queensland Act 1996 No. 75 ss 1–2, 535 sch 2 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 1997 (1996 SL No. 442) Statute Law (Miscellaneous Provisions) Act 1999 No. 19 ss 1–3 sch date of assent 30 April 1999 commenced on date of assent State Counter-Disaster Organisation Amendment Act 1999 No. 80 date of assent 14 December 1999 commenced on date of assent Emergency Services Legislation Amendment Act 2002 No. 60 pts 1, 4 date of assent 14 November 2002 ss 1–2 commenced on date of assent remaining provisions commenced 6 December 2002 (2002 SL No. 333) Chemical, Biological and Radiological Emergency Powers Amendment Act 2003 No. 46 ss 1, 19 sch date of assent 27 August 2003 commenced on date of assent 7 List of annotations Short title s 1 amd 1995 No. 55 s 45 Commencement s 2 om R1 (see RA s 37) Arrangement s 3 om R1 (see RA s 36) Relationship with other laws prov hdg amd 1995 No. 55 s 46(1) s 4 amd 1995 No. 55 s 46(2); 2003 No. 46 s 19 sch Definitions prov hdg sub 1995 No. 55 s 47(1) s 6 def “approved form” ins 1995 No. 55 s 47(3) def “authorised person” ins 1978 No. 60 s 2(a) def “boat” ins 1995 No. 55 s 47(3) def “Combined Local Authorities” om 1995 No. 55 s 47(2) def “combined local governments” ins 1995 No. 55 s 47(3) def “director” sub 1995 No. 55 s 47(2)–(3) def “disaster” sub 1999 No. 80 s 3 def “disaster district controller” om 1978 No. 60 s 2(b) def “disaster district coordinator” ins 1978 No. 60 s 2(b) def “emergency related function” ins 1995 No. 55 s 47(3) def “Local Authority” om 1995 No. 55 s 47(2) def “Minister” om 1995 No. 55 s 47(2)

25 State Counter-Disaster Organisation Act 1975 def “region” amd 1978 No. 60 s 2(c) def “regional operations officer” om 1995 No. 55 s 47(2) def “resources” amd 1978 No. 60 s 2(d); 1995 No. 55 s 47(4) def “SES” ins 1995 No. 55 s 47(3) def “SES member” ins 1995 No. 55 s 47(3) def “SES vehicle” ins 1995 No. 55 s 47(3) def “vehicle” ins 1978 No. 60 s 2(e) sub 1995 No. 55 s 47(2)–(3) def “vessel” ins 1978 No. 60 s 2(e) om 1995 No. 55 s 47(2) Meaning of “disaster” s 6A ins 1999 No. 80 s 4 State counter-disaster organisation s 9 amd 1995 No. 55 s 48 Business of organisation s 11 amd 1995 No. 55 s 49 Central control group s 12 amd 1995 No. 55 s 50 State Emergency Service s 13 amd 1995 No. 55 s 51 Functions of State Emergency Service s 14 sub 1978 No. 60 s 3 amd 1995 No. 55 s 52 Appointment of authorised officers s 14A ins 1995 No. 55 s 53 Powers of authorised officers s 14B ins 1995 No. 55 s 53 Powers and duties of director generally s 15 amd 1978 No. 60 s 4; 1995 No. 55 s 54 Executive officer’s functions prov hdg sub 1995 No. 55 s 55 s 16 amd 1995 No. 55 s 55 Declaration of regions s 18 sub 1978 No. 60 s 5 amd 1995 No. 55 s 56 Appointment of regional operations officer s 19 om 1995 No. 55 s 57 Disaster districts s 20 amd 1995 No. 55 s 58 Disaster district control groups s 21 amd 1978 No. 60 s 6; 1995 No. 55 s 59

26 State Counter-Disaster Organisation Act 1975 Delegations s 22 sub 1995 No. 55 s 60 Power of disaster district coordinator to declare state of disaster prov hdg amd 1978 No. 60 s 7(a) s 23 amd 1978 No. 60 s 7(b); 1995 No. 55 s 61 Power of Governor in Council to declare state of disaster s 24 amd 1978 No. 60 s 8; 1995 No. 55 s 62 Powers upon declaration of state of disaster s 25 amd 1978 No. 60 s 9; 1995 No. 55 s 63; 2002 No. 60 s 22 Duties as to counter-disaster measures s 26 amd 1978 No. 60 s 10; 1995 No. 55 s 64 Warning devices and lights on vehicles s 28A ins 1995 No. 55 s 65 Exemption from tolls s 28B ins 1995 No. 55 s 65 Offences generally and penalty s 31 amd 1995 No. 55 s 66 Proceedings for offences s 32 amd 1995 No. 55 s 67 Evidentiary provisions s 34 amd 1995 No. 55 s 68 Annual Report s 34A ins 1978 No. 60 s 11 om 1995 No. 55 s 69 Insurance of volunteers s 36 sub 1996 No. 75 s 535 sch 2 Approval of forms s 37 sub 1995 No. 55 s 70 Regulation-making power prov hdg sub 1999 No. 80 s 5 s 38 sub 1995 No. 55 s 70 PART 6—TRANSITIONAL PROVISIONS pt hdg ins 1995 No. 55 s 70 om 1999 No. 19 s 3 sch Forms s 39 ins 1995 No. 55 s 70 exp 22 February 1996 (see s 39(3)) References to combined local authorities s 40 ins 1995 No. 55 s 70 exp 2 February 1996 (see s 40(2))

27 State Counter-Disaster Organisation Act 1975 References to State Emergency Service s 41 ins 1995 No. 55 s 70 exp 2 February 1996 (see s 41(2)) © State of Queensland 2004