QueenslandFireandEmergencyServicesAct1990Current as at [Not
applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposed
amendments to the Act included in the Crime and Corruption
andOther Legislation Amendment Bill 2018. This
indicative reprint has beenprepared for information only—it is
not an authorised reprint of the Act.The
point-in-time date for this indicative reprint is the introduction
date forthe Crime and Corruption and Other
Legislation Amendment Bill 2018—15February
2018DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 1
Preliminary[s 1]Fire and
Emergency Services Act 1990AnActtoestablishtheQueenslandFireandEmergencyService, to
establish a fund for particular purposes, to providefor
the prevention of and response to fires and emergencyChapter 1Preliminary1Short
titleThis Act may be cited as theFire
and Emergency Services Act1990.2Objects of ActThe objects of
this Act are—(a)to provide for the prevention of, and
responses to, firesand other emergency incidents; and(b)to provide for rescue services and
operations; and(c)to establish a framework for the
management of—(i)the Queensland Fire and Emergency
Service; and(ii)the State
Emergency Service; and(iii)emergencyserviceunitsestablishedforanemergency service area; and(iv)the conduct of
authorised rescue officers.Current as at
[Not applicable]Page 15
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 2 Commissioner[s 3]3DefinitionsThe dictionary
in schedule 6 defines particular words used inthis Act.4Act binds all persons(1)This Act binds all persons, including
the State and, so far asthelegislativepoweroftheParliamentpermits,theCommonwealth and the other
States.(2)NothinginthisActmakestheCommonwealthoraStateliable to be
prosecuted for an offence.Chapter 2Commissioner5Appointment of commissioner(1)The Governor in Council, acting on the
recommendation ofthe Minister, shall appoint a
commissioner.(2)The commissioner is to be appointed
under this Act, and notunder thePublic Service
Act 2008.6Salary and
conditionsThe Governor in Council shall from time to
time approve thesalary, allowances, and conditions of
employment of a personholding office as commissioner.7Acting commissioner(1)TheMinistermayappointaperson,whoiseligibleforappointmentascommissioner,toactintheofficeofcommissioner during—(a)any
vacancy, or all vacancies, in the office; orPage 16Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 2
Commissioner[s 7A](b)anyperiod,orallperiods,whenthecommissionerisabsent from duty, or can not, for another
reason, performthe functions of the office.(2)The Minister’s power to appoint a
person to act in the office ofcommissionerdoesnotlimittheGovernorinCouncil’spowersundertheActsInterpretationAct1954,section 25(1)(b)(iv) and (v).7AFunctions of commissioner(1)The main functions of the commissioner
are as follows—(a)to manage QFES in a way that ensures
QFES performsits functions under this Act effectively and
efficiently;(b)toestablishmanagementandsupportservicesfortheSES and ES
units;(c)tomakerecommendationstotheMinisteraboutanymatter that—(i)relates to the performance of functions or
exerciseof powers by the commissioner or QFES;
and(ii)may help the
Minister in the proper administrationof this
Act.(2)The commissioner’s functions also
include any other functiongiven to the commissioner under this
Act or another Act.7BCodes of practice(1)Thecommissionermayfromtimetotimeissuecodesofpractice relating to—(a)thefunctions,powers,conductandappearanceoffireservice
officers; or(b)any functions imposed or powers
conferred by or underthis Act on any other person other
than the Minister.(2)The commissioner may at any time amend
or revoke a code ofpractice.Current as at
[Not applicable]Page 17
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 8](3)A
provision of a code of practice is of no effect if
inconsistentwith a provision of this Act.(4)Provisionsofacodeofpracticemaydifferaccordingtodifferences in time, place or
circumstance or according to thefire service
officers or classes of fire service officers to whomthey
are expressed to apply.(5)Evidence of any
provision of a code of practice may be givenby the
production of a document purporting to be certified bythe
commissioner as being a true copy of the provision.Chapter 3Queensland Fire
andEmergency ServicePart 1Establishment, membershipand
functions8Establishment of serviceTheQueenslandFireandEmergencyService(QFES)isestablished.8AMembership of serviceQFES consists
of—(a)the commissioner; and(b)fire service officers.8BFunctions of QFESThe functions of
QFES are—(a)to protect persons, property and the
environment fromfire and hazardous materials emergencies;
andPage 18Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 20](b)toprotectpersonstrappedinavehicleorbuildingorotherwiseendangered,totheextentthatQFES’spersonnel and
equipment can reasonably be deployed orused for the
purpose; and(c)toprovideanadvisoryservice,andundertakeothermeasures, to promote—(i)fire
prevention and fire control; and(ii)safety and other procedures if a fire or
hazardousmaterials emergency happens; and(d)to cooperate with any entity that
provides an emergencyservice; and(e)to
perform other functions given to QFES under this Actor
another Act; and(f)toperformfunctionsincidentaltoitsotherfunctions;and(g)to identify and market products and
services incidentalto its functions.Part 3Financial provisions20Fund(1)The
Emergency Management Fund is established.(2)Accounts for the fund must be kept as part
of the departmentalaccounts of the department.(3)Amountsreceivedforthefundmustbedepositedinadepartmentalfinancial-institutionaccountofthedepartmentbut may be
deposited in an account used for depositing otheramounts of the department.(4)Amounts received for the fund include
the following receivedby the department—(a)amountsreceivedforprescribedpropertyascontributions under part 10;Current as at [Not applicable]Page
19
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 20](b)amounts received by the department from
other sourcesfor the fund or amounts that must be paid
into the fund;(c)amountsreceivedforthedisposalofanassetthatthecommissionerconsiderswaspurchasedsubstantiallywith amounts
paid from the fund or the QFRA Fund;(d)interest from investment of the fund.(5)An amount is payable from the fund
for—(a)the purposes of this Act; or(b)themanagement,byQFESoranotherentityadministered or funded wholly or partly by
the State, oftheadverseeffectsorpotentialadverseeffectsofanincident or event.Example of
management for paragraph (b)—makingarrangementsformitigatingtheeffectsof,preparingfor,responding to and recovering from an
event(6)TheFinancial
Accountability Act 2009applies to the fund.(7)In this section—departmentalaccounts,ofthedepartment,meanstheaccounts of the department under
theFinancial AccountabilityAct 2009,
section 69.departmentalfinancial-institutionaccount,ofthedepartment, means an account of the
department kept undertheFinancial
Accountability Act 2009, section 83.eventsee
theDisaster Management Act 2003.other amounts, of the
department, means amounts receivedby the
department other than amounts received for the fund.QFRAFundmeanstheQFRAFundmentionedintheFinancialAdministrationandAuditAct1977,schedule 2,immediatelybeforethecommencementoftheEmergencyServices
Legislation Amendment Act 2001.Page
20Current as at [Not applicable]
Notauthorised—indicativeonlyPart
4Fire and Emergency Services Act 1990Chapter 3 Queensland Fire and Emergency
Service[s 25]Provisions
affecting personnelDivision 1Appointments and
conditions25Staff of QFESThe commissioner
may employ the persons the commissionerconsiders
necessary to perform the service’s functions.25AFire
service officers employed under this ActFire service
officers are to be employed under this Act, andnot under
thePublic Service Act 2008.25BRequirement to disclose previous
history of seriousdisciplinary action to commissioner(1)Ifthecommissionerproposestoemployapersonundersection 25,thecommissionermayrequirethepersontodisclosetothecommissionerparticularsofanyseriousdisciplinary
action taken against the person.(2)Thepersonmustcomplywiththerequirementbeforetheemployment takes effect and within the
time and in the waystated by the commissioner.(3)The commissioner may have regard to
information disclosedbythepersonunderthissectionindecidingwhethertoemploy the person under section
25.(4)Thecommissionerisnotrequiredtofurtherconsidertheperson for employment under section 25
if the person—(a)fails to comply with the requirement;
or(b)gives false or misleading information
in response to therequirement.Current as at
[Not applicable]Page 21
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 25C]25CRequirement to disclose previous history of
seriousdisciplinary action to commissioner(1)If the commissioner proposes to second
a person to QFES, thecommissionermayrequirethepersontodisclosetothecommissionerparticularsofanyseriousdisciplinaryactiontaken against the person.Note—Seethefollowingprovisionsinrelationtosecondmentsbythecommissioner—(a)thePublic Service Act 2008,
sections 23 and 120;(b)thePublic Service Regulation 2008,
section 5 and schedule 1, item7.(2)Thepersonmustcomplywiththerequirementbeforethesecondment takes effect and within the
time and in the waystated by the commissioner.(3)The commissioner may have regard to
information disclosedby the person under this section in
deciding whether to secondthe person to QFES.(4)Thecommissionerisnotrequiredtofurtherconsidertheperson for secondment if the
person—(a)fails to comply with the requirement;
or(b)gives false or misleading information
in response to therequirement.26Conditions of employment(1)Subjecttoanyapplicableindustrialinstrument,personsemployedundersection 25shallbepaidsalary,wagesandallowancesatsuchratesandshallbeemployedundersuchconditions of
employment as the commissioner determines.(2)However, if a person mentioned in subsection
(1) is employedoncontractforafixedterm,theconditionsoftheperson’semployment are
not subject to any industrial instrument.Page 22Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 27]27Additional remunerationA
fire service officer must not seek or accept on account ofanything done in the course of employment in
QFES any feeor reward not authorised by the
commissioner.Notauthorised—indicativeonlyDivision 2Termination of
office28Retirement(1)A
fire service officer—(a)must retire from
employment with QFES upon attainingthe age of 65
years;(b)may elect to retire from employment
with QFES uponor at any time after attaining the age of 55
years.(2)If the commissioner suspects on
reasonable grounds that a fireservice officer,
by reason of mental or physical infirmity, hasnot the capacity
or is unfit—(a)to discharge efficiently the duties of
office; and(b)todischargeefficientlyanyotherdutiesthatthecommissionermightreasonablydirecttheofficertodischarge;the commissioner
must obtain medical opinion on the officer’scondition.(3)Thecommissionermayappointanymedicalpractitionerormedical practitioners to examine the officer
and report upontheofficer’smentalorphysicalconditionorbothandmaydirect the officer to submit to the
examination.(4)If the commissioner believes on
reasonable grounds that a fireservice officer,
by reason of mental or physical infirmity, hasnot the capacity
or is unfit as prescribed by subsection (2), thecommissioner may call upon the officer to
retire within thetime specified by the commissioner.(5)Iftheofficerdoesnotretirewithinthetimespecified,thecommissioner may dismiss the officer.Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 29]29RetrenchmentWhere the
commissioner is satisfied that—(a)theservicesofafireserviceofficercannolongerbegainfullyutilisedintheofficeheldbytheofficerbecause the
office has become redundant; and(b)it
is not practicable to retrain or redeploy the officer; and(c)the redundancy arrangements approved
by the Governorin Council have been complied with in
relation to theofficer;the commissioner
may terminate the services of the officer bywayofretrenchmentinaccordancewiththoseredundancyarrangements.29ASurrender of equipment(1)Aperson,uponceasingtobeafireserviceofficer,mustsurrender to the
commissioner—(a)any form of identification; and(b)anything issued to the person for
official use;unless otherwise ordered by the
commissioner.(2)Ajustice,actinguponthecomplaintofthecommissioner,mayissueawarrantauthorisinganypersonnamedin,orbelongingtoaclassofpersonspecifiedin,thewarranttosearch for and seize anything not
surrendered in accordancewith subsection (1).(3)Apersonauthorisedtoexecuteawarrantmay,forthatpurpose—(a)enteranypremisesinwhichthepersonbelievesthething sought may be located;
and(b)break open anything the person
believes may contain thething sought.Note—The
content of this section was previously included in section
141.Page 24Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 29B]29BVacating premises(1)Aperson,uponceasingtobeafireserviceofficer,mustimmediately
vacate any premises the property of the State ortothepossessionofwhichtheStateisentitled,unlessthecommissioner otherwise orders.(2)Ifthepremisesarenotvacatedimmediatelyor,asthecasemay
be, within any period ordered by the commissioner, thecommissioner may give the person a notice to
quit.(3)If the premises are not vacated within
14 days after the noticeto quit is given, a magistrate, acting
upon the complaint of thecommissioner,mayissueawarrantauthorisingapoliceofficertoenterthepremisesandremoveallpersonsandpropertynotauthorisedbythecommissionertobeonthepremisesandtodeliverpossessionofthepremisestotheState.Note—The
content of this section was previously included in section
142.Division 3Disciplinary
actionSubdivision 1AInterpretation29CDefinitions for divisionIn this
division—prescribed employeemeans a
prescribed employee under thePublicServiceAct2008,section186A,otherthanafireservice
officer.relevant employeemeans—(a)a public service employee; or(b)a prescribed employee.Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 29D]29DReferences to relevant employees(1)This section provides for the meaning
of particular terms usedin this division relating to a person
who is or was a relevantemployee.(2)A
reference to the person’s current or previous chief
executiveis a reference to—(a)for
a person who is or was a public service employee—thechiefexecutiveofthedepartmentinwhichtheperson is or was employed as a public
service employee;or(b)for a person who
is or was a prescribed employee—theperson’scurrentorpreviouschiefexecutiveunderthePublic Service Act 2008, section
186B(2).(3)A reference to a relevant disciplinary
law for the person is areference to any of the
following—(a)the Public Service Act 2008, chapter
6;(b)a law that is a relevant disciplinary
law for the personunder the Public Service Act 2008, section
186B(3).Note—Thelawsmentionedinthissubsectionalsoprovidefordisciplinaryaction against a
person who was, but is no longer, a relevant employee.(4)In subdivision 2—(a)areferencetoarelevantdisciplinarygroundfortheperson is a
reference to a disciplinary ground under arelevant
disciplinary law for the person; and(b)areferencetoadisciplinaryfindinginrelationtoarelevantdisciplinarygroundforthepersonisareference to a
finding that a relevant disciplinary groundfor the person
exists.Page 26Current as at
[Not applicable]
Subdivision 1Fire and
Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30]Grounds and disciplinary actiongenerallyNotauthorised—indicativeonly30Grounds for disciplinary action(1)A fire service officer is liable to
disciplinary action upon anyofthefollowinggroundsshowntothesatisfactionofthecommissioner to exist—(a)incompetence or inefficiency in the
discharge of duties;(b)negligence,
carelessness or indolence in the discharge ofduties;(c)wilfulfailuretocomply,withoutreasonableexcuse,with
a provision of this Act or an obligation imposed onthe
officer under—(i)a code of practice; or(ii)a code of
conduct—(A)approved under thePublic Sector
Ethics Act1994; or(B)prescribedunderadirectiveofthecommission chief executive under
thePublicService Act
2008; or(iii)an
industrial instrument;(d)absence from
duty except—(i)upon leave duly granted; or(ii)with reasonable
cause;(e)wilful failure to comply with a lawful
direction of thecommissioner or another person having
authority overthe officer;(f)misconduct;(g)use,withoutreasonableexcuse,ofasubstancetoanextentadverselyaffectingcompetentperformanceofduties;Current as at
[Not applicable]Page 27
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 30](h)contraventionofarequirementofthecommissionerundersection 25B(1)or25C(1)by,inresponsetotherequirement—(i)failing to disclose a serious disciplinary
action; or(ii)giving false or
misleading information.(2)Adisciplinarygroundariseswhentheactoromissionconstituting the
ground is done or made.(3)Also, the
commissioner may—(a)discipline a fire service officer
under subdivision 2 as ifa ground mentioned in subsection (1)
exists; or(b)discipline a former fire service
officer under subdivision3 or 4 on the same grounds mentioned
in subsection (1).(4)Ifthecommissioneriscontemplatingtakingdisciplinaryaction against a
fire service officer on the ground of absencefrom duty, the
commissioner may—(a)appoint a medical practitioner to
examine the officer andtogivethechiefexecutiveawrittenreportabouttheofficer’s mental or physical condition, or
both; and(b)direct the officer to submit to the
medical examination.(5)In this
section—misconductmeans—(a)inappropriateorimproperconductinanofficialcapacity; or(b)inappropriate or improper conduct in a
private capacitythat reflects seriously and adversely on
QFES.Example of misconduct—victimisinganotherfireserviceofficerinthecourseoftheotherofficer’s
employment in QFESPage 28Current as at
[Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30A]Notauthorised—indicativeonly30ADisciplinary action that may be taken
against a fireservice officer generally(1)Indisciplininga fireservice officer,thecommissionermaytaketheaction,orordertheactionbetaken,(disciplinaryaction)thatthecommissionerconsidersreasonableinthecircumstances.Examples of
disciplinary action—•dismissal•reductionofclassificationlevelandaconsequentialchangeofduties•transfer or redeployment to other fire
service employment•forfeiture or deferment of a
remuneration increment or increase•reduction of salary level•imposition of a monetary
penalty•if a penalty is imposed, a direction
that the amount of the penaltybe deducted from
the officer’s periodic salary payments•a
reprimand(2)Ifthedisciplinaryactionistakenfollowinganagreementundersection 30E(1)betweenthepreviouschiefexecutivementioned in the
section and the commissioner, the previouschiefexecutiveandthecommissionermustagreeonthedisciplinary action.(3)A monetary penalty can not be more
than the total of 2 of theofficer’s periodic salary
payments.(4)Also, an amount directed to be
deducted from any particularperiodic salary
payment of the officer—(a)must not be more
than half of the amount payable to orfor the officer
in relation to the payment; and(b)mustnotreducetheamountofsalarypayabletotheofficer in
relation to the period to less than—(i)iftheofficerhasadependant—theguaranteedminimum wage for
each week of the period; or(ii)otherwise—two-thirds of the guaranteed
minimumwage for each week of the period.Current as at [Not applicable]Page
29
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 30B](5)An
order under subsection (1) is binding on anyone affectedby
it.Note—See the
following provisions in relation to appeals against a decision
ofthe commissioner to take disciplinary action
against a person—(a)thePublic Service
Act 2008, sections 23 and 194;(b)thePublicServiceRegulation2008,sections 5and7andschedule 1, item
7.Subdivision 2Disciplinary
action against a fireservice officer who was a
relevantemployee30BApplication of sdiv 2(1)This
subdivision applies if—(a)apersonisarelevantemployeeandarelevantdisciplinary ground arises in relation to
the person; and(b)after the relevant disciplinary ground
arises, the personchangesemploymentfromemploymentasarelevantemployee to
employment under section 25.(2)However,thissubdivisiondoesnotapplyiftheperson’spreviouschiefexecutivehastaken,istaking,orintendstotake, disciplinary action against the person
under a relevantdisciplinarylawinrelationtotherelevantdisciplinaryground.(3)Forthissection,apersonchangesemploymentfromemploymentasarelevantemployeetoemploymentundersection 25 if—(a)theperson’semploymentundersection 25startsafterthe person’s
employment as a relevant employee ends;or(b)thepersonisemployedundersection 25followingtheperson’s transfer, redeployment or
secondment from thedepartment or the Queensland Ambulance
Service.Page 30Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30D]30DAction previous chief executive may
take(1)The person’s previous chief executive
may make a disciplinaryfindingabouttherelevantdisciplinarygroundforthissubdivision.(2)Thepreviouschiefexecutivemaytakedisciplinaryactionabouttherelevantdisciplinarygroundasprovidedundersection 30E(1).(3)Despite subsection (1) and without limiting
or being limitedby any other power of delegation under any
Act, the previouschiefexecutivemaydelegatetothecommissionertheauthority under subsection (1) to make a
disciplinary findingabout the person.(4)The
previous chief executive may give to the commissioneranyinformationaboutthepersonorarelevantdisciplinarygroundrelatingtothepersontohelpthecommissionertoperform a function under section 30E(1) or
(2) in relation tothe person.30EAction commissioner may take(1)If—(a)theperson’spreviouschiefexecutivemakesadisciplinaryfindingabouttherelevantdisciplinaryground;
and(b)the previous chief executive and the
commissioner agreethat disciplinary action against the person
is reasonablein the circumstances;thecommissionermaytakedisciplinaryactionagainstthepersonundersection 30Aasifadisciplinarygroundundersection 30
exists.(2)If—(a)theperson’spreviouschiefexecutivedelegatestothecommissionertheauthorityundersection 30D(1)tomake
a disciplinary finding about the person; andCurrent as at
[Not applicable]Page 31
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 30F](b)the
commissioner makes a disciplinary finding about theperson;thecommissionermaytakedisciplinaryactionagainstthepersonundersection 30Awithouttheagreementoftheprevious chief executive.30FDeclaration if the commissioner is
also the previous chiefexecutive(1)This
section applies if, in relation to a person who is a fireserviceofficer,thecommissionerisalsothepreviouschiefexecutive under this subdivision.(2)This subdivision applies with
necessary changes to allow thecommissioner to
take disciplinary action against the person asprovided under
this subdivision.Subdivision 3Disciplinary
action against a formerfire service officer30GApplication of sdiv 3(1)This subdivision applies if—(a)a disciplinary ground arises in
relation to a fire serviceofficer (theformer fire
service officer); and(b)afterthedisciplinarygroundarises,theofficer’semployment as a
fire service officer ends for any reason.(2)However,thissubdivisiondoesnotapplyinrelationtoaperson who is a former fire service
officer if the commissioneris aware—(a)the person is a relevant employee;
and(b)theperson’scurrentorpreviouschiefexecutivehastaken,istaking,orintendstotakedisciplinaryactionagainst the person, under a relevant
disciplinary law, inrelation to the disciplinary
ground.Page 32Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30H]30HAction commissioner may take(1)The commissioner may make a
disciplinary finding or take orcontinuetotakedisciplinaryactionagainsttheformerfireservice officer in relation to the
disciplinary ground.(2)The disciplinary
finding or disciplinary action must be madeor taken within
a period of 2 years after the end of the officer’semployment.(3)However,subsection
(2)doesnotstopdisciplinaryactionbeing taken following an appeal or
review.(4)Subsection (2) does not affect—(a)an investigation of a suspected
criminal offence; or(b)an investigation
of a matter for the purpose of notifyingtheCrimeandCorruptionCommissionofsuspectedcorruptconductundertheCrimeandCorruptionAct2001.(5)Indiscipliningtheformerfireserviceofficer,thecommissioner may make a disciplinary
declaration and maynot take any other disciplinary
action.(6)The commissioner may only make a
disciplinary declarationif the disciplinary action that would
have been taken againstthe officer if the officer’s
employment had not ended wouldhave
been—(a)dismissal; or(b)reduction of classification level.(7)The making of the disciplinary
declaration does not affect theway in which the
officer’s employment ended, or any benefits,rights or
liabilities arising because the employment ended.(8)In this section—disciplinary
declarationmeans a declaration of—(a)the
disciplinary finding against the former fire serviceofficer; andCurrent as at
[Not applicable]Page 33
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30I](b)thedisciplinaryactionthatwouldhavebeentakenagainst the
officer if the officer’s employment had notended.Notauthorised—indicativeonlySubdivision 4Provisions about
information aboutdisciplinary action30IInformation about disciplinary action to be
given bycommissioner(1)This
section applies if—(a)arelevantofficialasksthecommissionerfordisciplinaryinformationthatthecommissionerhasabout a person who is or was a fire service
officer; and(b)the information is reasonably
necessary for the relevantofficial to make a decision
about—(i)anappointmentorcontinuedappointment,ortheemploymentorcontinuedemployment,oftheperson by the official; or(ii)adisciplinaryfinding,disciplinaryactionordisciplinary declaration the official
is consideringinrelationtothepersonunderarelevantdisciplinary
law.(2)Thecommissionermustgivethedisciplinaryinformationtotherelevantofficialunlessthecommissionerisreasonablysatisfiedthatgivingtheinformationmayprejudicetheinvestigationofasuspectedcontraventionofthelawinaparticular case.(3)In
this section—disciplinary information, about a
person, means informationabout the following made or taken
against the person underthis Act by commissioner—(a)a current investigation into whether
the person should bedisciplined;Page 34Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 30J](b)a finding that the person should be
disciplined;(c)possible disciplinary action under
consideration;(d)disciplinary action, including a
disciplinary declaration.relevant officialmeans—(a)the chief executive of a department;
or(b)thechiefexecutive(howeverdescribed)ofanentitywhose employees
are prescribed employees.30JInformation about
disciplinary action to be given tocommissioner(1)This
section applies if—(a)thecommissionerasksarelevantofficialfordisciplinary information the official
has about a personwho is or was a relevant employee;
and(b)theinformationisreasonablynecessaryforthecommissioner to
make a decision about—(i)theemploymentorcontinuedemploymentoftheperson under section 25; or(ii)adisciplinaryfinding,disciplinaryactionordisciplinarydeclarationthecommissionerisconsidering in relation to the person under
this Act.(2)The relevant official must give the
disciplinary information tothecommissionerunlesstheofficialisreasonablysatisfiedthat
giving the information may prejudice the investigation ofa
suspected contravention of the law in a particular case.(3)In this section—disciplinary
information, about a person, means informationabout the following made or taken against
the person under apublic sector disciplinary law by a relevant
official or anotherentity—(a)a
current investigation into whether the person should bedisciplined;Current as at
[Not applicable]Page 35
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 30K](b)a
finding that the person should be disciplined;(c)possible disciplinary action under
consideration;(d)disciplinary action, including a
disciplinary declaration.relevant officialmeans—(a)the chief executive of a department;
or(b)thechiefexecutive(howeverdescribed)ofanentitywhose employees
are prescribed employees.30KUse of particular
information about disciplinary actionobtained by
commissioner in another capacity(1)This
section applies if—(a)underthePublicServiceAct2008,thecommissionerhasorhasaccesstodisciplinaryinformationaboutaperson who is or was a public service
employee; and(b)theinformationisreasonablynecessaryforthecommissioner to
make a decision about—(i)theemploymentorcontinuedemploymentoftheperson under section 25; or(ii)adisciplinaryfinding,disciplinaryactionordisciplinarydeclarationthecommissionerisconsidering in relation to the person under
this Act.(2)Despite any other Act or law, the
commissioner may use thedisciplinaryinformationforthepurposeofmakingthedecision mentioned in subsection
(1)(b).(3)In this section—disciplinaryinformationmeansinformationaboutthefollowingmadeortakenagainstthepersonunderapublicsector
disciplinary law—(a)a current investigation into whether
the person should bedisciplined;(b)a
finding that the person should be disciplined;(c)possible disciplinary action under
consideration;Page 36Current as at
[Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 31](d)disciplinary action, including a
disciplinary declaration.Notauthorised—indicativeonlySubdivision 5Other provisions
about disciplinaryaction31Implementation of orderAnorderaboutdisciplinaryactionmustnotbeimplemented—(a)ifanappealaboutthedisciplinaryactionisstarted—until after the
determination or withdrawal of the appealor the appeal
lapses, whichever happens first; or(b)if
an appeal about the disciplinary action is not started—until the time for starting an appeal has
ended.32Suspension(1)Where—(a)itappearsonreasonablegroundstothecommissionerthat a fire
service officer is liable to disciplinary actionorissuspectedofinvolvementincircumstancessuchthat
the proper and efficient discharge of the functions ofQFES
might be prejudiced if the officer’s services arecontinued; or(b)anofficerischargedinQueenslandwithhavingcommitted an
indictable offence or is charged elsewherewith having
committed an offence which if it had beencommittedinQueenslandwouldbeanindictableoffence;the
officer may be suspended from duty by the commissioner.(2)A suspension may be lifted at any time
by the commissioner.(3)Anofficersuspendedfromdutyisnotentitledtoreceivesalaryforanyperiodduringwhichtheofficerdoesnotperformthatduty,unlessthecommissionerotherwisedetermines.Current as at
[Not applicable]Page 37
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 33](4)An
officer suspended from duty, who is not entitled to salaryfor
the period of suspension and who resumes duty upon theliftingofthesuspension,isentitledtoreceiveasumequivalent to the amount of salary
payable had the officer notbeen suspended
diminished by the amount of salary or fees (ifany)towhichtheofficerbecameentitledfromanyothersourceduringtheperiodofsuspension,unlessthecommissioner otherwise
determines.33Mode of dismissal or suspension(1)Dismissal or suspension must be
effected in accordance withthis Act and the
principles of natural justice.(2)Dismissalorsuspensioniseffectedbygivingtheofficerconcerned a
written notice signed by the commissioner.Part 4AEmergency Services AdvisoryCouncil34Establishment of councilThe Emergency
Services Advisory Council is established.35Functions of council(1)Thecouncil’sfunctionistoadvisetheMinisteraboutthefollowing matters—(a)the
extent to which current service delivery by QFES—(i)meets community needs; and(ii)contributes to
the achievement of the government’sdesired outcomes
for the community; and(iii)meetscommunityexpectationsabouttheuseoffire
as a means of hazard reduction and sustainableland management;
and(iv)impacts on the
environment;Page 38Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 36](b)preparingfor,andrespondingto,fireinruralareasincluding the operation of rural fire
brigades and the firefighting or fire prevention function
of emergency serviceunits;(c)firesafety,firepreventionandthereductionoffiredanger in rural
areas;(d)using fire as a means of sustainable
land management inrural areas;(e)the
functions, capacity and capability of the departmentin
supporting disaster mitigation and response activity;(f)anything else referred to it by the
Minister—(i)that is relevant to the functions of
QFES; or(ii)that relates to
activities carried out or funded by thedepartment.(2)ThecouncilalsohasthefunctionsgiventoitundertheAmbulance Service Act 1991and
any other Act.36Membership of council(1)The council consists of not more than
16 members appointedby the Governor in Council.(2)A member may be appointed at any
time.(3)Nomineesforappointmenttothecouncilmustbepersonswho the Minister
considers are competent to assist the councilto perform its
functions.37Chairperson of council(1)TheGovernorinCouncilistoappointamemberasthechairperson of the council.(2)The chairperson is to preside at all
council meetings at whichthe chairperson is present.Current as at [Not applicable]Page
39
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 38](3)Ifthechairpersonisnotpresentatacouncilmeeting,amember chosen by the members present
at the meeting is topreside.(4)If
appointed a member of the council, the following are noteligible to be appointed chairperson—(a)the commissioner;(b)thecommissioneroftheQueenslandAmbulanceService;(c)a
public service officer.38How appointments
made(1)Anappointmentundersection 36or37istobebygazettenotice.(2)The
appointment starts on the day the notice is published inthe
gazette or, if a later day is stated in the notice, the
laterday.(3)A
person’s appointment as chairperson may be combined withthe
person’s appointment as a member of the council.39Term of officeThe term of
office of a member is not to exceed 3 years.40Removal from office(1)The
Governor in Council may remove a member from officeat
any time.(2)The removal takes effect on notice of
the removal being givento the member by the Minister.(3)It is unnecessary for any reasons to
be given for the removal.Page 40Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 41]41QuorumA quorum for the
council is the number equal to one-half ofthe number of
its members for the time being, and if one-halfis not a whole
number, the next higher whole number.42Conduct of businessSubject to this
part, the council may conduct its meetings andother business
in the way it considers appropriate.43MinutesThe council must
keep minutes of its meetings.44Remuneration of membersAmemberisentitledtobepaidthefeesandallowancesdecided by the
Governor in Council.Part 6Powers of
authorised fireofficers52Authorised fire officers(1)The
commissioner may authorise a fire officer or fire officersbelongingtoaclassoffireofficerspecifiedbythecommissioner to exercise—(a)allthepowersconferredbythisActonanauthorisedfire officer;
or(b)any power or class of power conferred
by this Act on anauthorised fire officer.(2)AreferenceinthisActtoanauthorisedfireofficerisareference to—(a)the
commissioner; andCurrent as at [Not applicable]Page
41
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 53](b)a
fire officer authorised by the commissioner pursuant tothis
section.(3)Afireofficerauthorisedbythecommissionerimmediatelybeforethecommencementofthissectiontoexerciseanypower under this Act as an authorised fire
officer is taken, onand from the commencement, to be
authorised pursuant to thissection.53Powers of authorised officer in
dangerous situations(1)An authorised
fire officer may take any reasonable measure—(a)toprotectpersons,propertyortheenvironmentfromdangerorpotentialdangercausedbyafireorahazardous materials emergency;
or(b)to protect persons trapped in any
premises or otherwiseendangered.(2)Without limiting the measures that may be
taken for a purposedescribed in subsection (1), an authorised
fire officer may forthat purpose do any of the
following—(a)enter any premises;(b)open any receptacle, using such force
as is reasonablynecessary;(c)bring any apparatus or equipment onto
premises;(d)destroy,damage,removeorotherwisedealwithanyvegetationoranyothermaterialorsubstance,flammable or not
flammable;(e)destroy (wholly or in part) or damage
any premises orreceptacle;(f)shore up any building;(g)close any road or access, whether public or
private;(h)shut off the supply of water from any
main, pipe or othersourcetoobtainagreaterpressureorsupplyortakewater from any
source whether natural or artificial;Page 42Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 53](i)cause to be shut off or disconnected
the supply of gas,electricity or any other source of energy to
any premisesor area;(j)require any person who, in the opinion of
the authorisedfire officer, is—(i)the
occupier of premises, being the site of or nearto the site of
the danger; or(ii)inchargeofanythingthatisthesourceofthedanger or likely
(in the opinion of the officer) toincrease the
danger;totakeanyreasonablemeasureforthepurposeofassisting the officer to deal with the
danger or answeranyquestionorprovideanyinformationforthatpurpose;(k)requireanypersonnottoenterorremainwithinaspecified area around the site of the
danger;(l)removefromanyplaceapersonwhofailstocomplywith an order
given pursuant to paragraph (k) and usesuch force as is
reasonably necessary for that purpose;(m)if
unable to identify the person entitled to possession ofpropertyfoundatornearthesiteofthedanger,takepossession of the property and retain it for
safe custody.(3)The owner of any building shored up
pursuant to an exerciseof the power conferred by subsection
(2)(f) must pay to thecommissioner upon demand all
reasonable expenses therebyincurred and
those expenses may be recovered in a court ofcompetent
jurisdiction as a debt due to the State.(4)Alocalgovernment,otherauthorityorapersonsupplyingwater or any source of energy is not liable
for any interruptionof supply caused by the exercise of
the power conferred bysubsection (2)(h) or (i).Current as at [Not applicable]Page
43
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 54]54Disposal of property(1)Anypropertyretainedforsafecustodypursuanttosection53(2)(m) must,
as soon as is practicable, be delivered into thepossession of a person authorised by, or a
person belonging toaclassofpersonauthorisedby,thecommissionerforthepurposes of this section.(2)The authorised person—(a)must cause the property to be returned
to the person theauthorised person believes is entitled to
possession of it;or(b)ifunabletoformsuchabelief,mustdisposeoforotherwise deal with the property in
accordance with anycodeofpracticeoranydirectiongivenbythecommissioner.(3)Subject to subsection (4), any dealing with
property pursuanttosubsection (2)doesnotaffecttherightofanypersontorecoverthepropertybyactionfromanypersonwhohaspossession of it as a result of that
dealing.(4)An action referred to in subsection
(3) must be commencedwithin 6 months of the date on which
the property was dealtwith pursuant to subsection
(2).55Powers of authorised fire officer for
preventative orinvestigative purposes(1)At
any time an authorised fire officer may enter any premisesoropen(usingsuchforceasisreasonablynecessary)anyreceptacle for any of the following
purposes—(a)to prevent, or reduce the likelihood
of, the occurrence ofa fire or a hazardous materials
emergency;(b)toinvestigatewhetherornot firesafetymeasuresandfire
prevention measures, including the implementationof a
fire safety management plan as required under part9A,
have been taken or are being maintained;(c)toascertainthecauseofafireorhazardousmaterialsemergency;Page 44Current as at [Not applicable]
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 55]Notauthorised—indicativeonly(d)toascertainwhetheranyprovisionofthisActoranynotice,
notification, order (written or verbal) or permitgiven under this Act has been or is being
complied with;(e)to ascertain whether a power conferred
by this Act uponan authorised officer should be exercised,
or to exercisea power under this Act.(2)The
power of entry conferred by subsection (1) must not beexercised in respect of—(a)a
building that is a dwelling or such part of a building asis a
dwelling; or(b)a vehicle or vessel used as a
dwelling; or(c)a tent or other structure used as a
dwelling;unless the occupier has given approval to
enter or unless entryismadeduringorintheaftermathofafireorhazardousmaterialsemergencyoccurringatthedwelling,forthepurpose of
ascertaining its cause.(2A)However,subsection (2)(a)doesnotapplytoabudgetaccommodationbuildingiftheentryismadetoinvestigatewhethertheownerofthebuildingisimplementingafiresafety
management plan.(3)Anauthorisedfireofficerwhoenterspremisesunderthissection may—(a)forsubsection (1)(a)—burn,removeorotherwisedealwithanyvegetationorothermaterialorsubstancewhether
flammable or inflammable at the premises; or(b)for
subsection (1) generally—(i)search any part
of the premises; or(ii)inspect,
measure, test, photograph or film any partof the premises
or anything at the premises; or(iii)take
a thing, or a sample of or from a thing, at thepremises for
analysis or testing; or(iv)copy a document
at the premises; or(v)make inquiries or conduct surveys and
tests; orCurrent as at [Not applicable]Page
45
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 56](vi)takeintoorontothepremisesanypersons,equipment and
materials the authorised fire officerreasonablyrequiresforexercisingapowerunderthis
part.56Extent of power of entryThe
right of entry conferred by section 53(2)(a) or 55—(a)includes the right to enter all parts
of the premises forwhich the right is exercised; and(b)authorisesthepersonexercisingtherighttouseareasonable
degree of force to ensure the proper exerciseof the
right.56APower to seize evidence etc.Anauthorisedfireofficerwhoenterspremisesundersection 55 may
seize a thing at the premises if the authorisedfire officer
reasonably believes—(a)the thing is
evidence of an offence against this Act; or(b)the
thing has just been used in committing an offenceagainst this Act; or(c)theseizureisnecessarytopreventthethingbeinghidden, lost or destroyed; or(d)seizureofthethingisnecessaryforthepurposesmentioned in
section 55.56BPowers supporting seizure(1)Having seized a thing, an authorised
fire officer may—(a)move the thing from the premises where
it was seized(thepremises of
seizure); or(b)leavethethingatthepremisesofseizurebuttakereasonable
action to restrict access to it.Page 46Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 56C]Examples of restricting access to a
thing—•sealingathingandmarkingittoshowaccesstoitisrestricted•sealing the entrance to a room where the
seized thing issituated and marking it to show access to it
is restricted(2)If an authorised fire officer
restricts access to a seized thing, aperson must not
tamper, or attempt to tamper, with the thingorsomethingrestrictingaccesstothethingwithoutanauthorised fire officer’s approval.Maximum penalty—40 penalty units.(3)To enable a thing to be seized, an
authorised fire officer mayrequire the
person in control of it—(a)totakeittoastatedreasonableplacebyastatedreasonable time; and(b)if
necessary, to remain in control of it at the stated placefor
a reasonable time.(4)The requirement—(a)must
be made by notice in the approved form; or(b)if
for any reason it is not practicable to give the notice,maybemadeorallyandconfirmedbynoticeintheapproved form as soon as
practicable.(5)Thepersonmustcomplywiththerequirementunlesstheperson has a reasonable excuse for not
complying.Maximum penalty—40 penalty units.(6)Afurtherrequirementmaybemadeunderthissectioninrelation to the same thing if it is
necessary and reasonable tomake the further
requirement.56CReceipt for seized things(1)As soon as practicable after an
authorised fire officer seizes athing, the
authorised fire officer must give a receipt for it tothe
person from whom it was seized.Current as at
[Not applicable]Page 47
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 56D](2)However, if for any reason it is not
practicable to comply withsubsection (1),theauthorisedfireofficermustleavethereceipt in a conspicuous position and in a
reasonably secureway at the premises of seizure.(3)The receipt must describe generally
each thing seized and itscondition.(4)This
section does not apply to a thing if it is impracticable orwouldbeunreasonabletogivethereceiptrequiredbythesection (given
the thing’s nature, condition and value).56DForfeiture of seized things(1)A seized thing is forfeited to the
State if the authorised fireofficer who
seized the thing—(a)can not find its owner after making
reasonable inquiries;or(b)can
not return it to its owner, after making reasonableefforts.(2)Subsection (1)(a) does not require the
authorised fire officer tomake inquiries if it would be
unreasonable to make inquiriesto find the
owner, and subsection (1)(b) does not require theauthorisedfireofficertomakeeffortsifitwouldbeunreasonable to make efforts to return
the thing to its owner.(3)In deciding
whether and, if so, what inquiries and efforts arereasonable about a thing, regard mustbehadtothething’snature,
condition and value.56EReturn of seized things(1)Ifaseizedthinghasnotbeenforfeited,theauthorisedfireofficer must return it to its owner at the
end of—(a)6 months; or(b)ifaproceedingforanoffenceinvolvingitisstartedwithin 6 months—the proceeding and any
appeal fromthe proceeding.Page 48Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 56F](2)Despite subsection (1), unless the
thing has been forfeited, theauthorised fire
officer must immediately return a thing seizedasevidencetoitsowneriftheauthorisedfireofficerstopsbeingsatisfieditscontinuedretentionasevidenceisnecessary.56FAccess to seized things(1)Until a seized thing is forfeited or
returned, an authorised fireofficermustallowitsownertoinspectitand,ifitisadocument, to copy it.(2)Subsection (1) does not apply if it is
impracticable or wouldbe unreasonable to allow the
inspection or copying.57Power to require
name and address(1)This section applies if an authorised
fire officer—(a)finds a person committing an offence
against this Act; or(b)finds a person
in circumstances that lead the officer toreasonablysuspectthepersonhasjustcommittedanoffence against this Act; or(c)hasinformationthatleadstheofficertoreasonablysuspect a person
has committed an offence against thisAct.(2)The authorised fire officer may
require the person to state theperson’s name
and residential address.(3)When making the
requirement, the authorised fire officer mustwarn the person
it is an offence to fail to state the person’snameorresidentialaddress,unlessthepersonhasareasonable excuse.(4)Theauthorisedfireofficermayrequirethepersontogiveevidence of the
correctness of the stated name or address if theauthorised fire officer reasonably suspects
the stated name oraddress is false.Current as at
[Not applicable]Page 49
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 58A](5)Apersonmustcomplywitharequirementundersubsection (2)or(4),unlessthepersonhasareasonableexcuse.Maximum penalty—10 penalty units.(6)The person does not commit an offence
against subsection (5)if—(a)the
person was required to state the person’s name andaddress by an authorised fire officer who
suspected theperson had just committed an offence against
this Act;and(b)the person is
not proved to have committed the offence.58AReasonable assistance to be provided(1)An authorised fire officer who enters
any premises under thispart may require any person having
responsibilities in relationto the premises
(whether as owner or occupier of the premisesorasapersonemployedtoworkthereonorotherwise)toprovidetheofficerwithsuchfacilitiesandassistancewithrespecttomattersorthingstowhichtheperson’sresponsibilities
extend as are reasonably necessary to enabletheofficertoexercisethepowersconferredupontheauthorised officer by this Act.(2)A person who is required to provide
facilities and assistanceto an authorised fire officer under
subsection (1) must complywiththerequirementunlessthepersonhasareasonableexcuse.Maximum penalty—10 penalty units.(3)It is not a reasonable excuse for the
person to fail to complywiththerequirementthatcomplyingwithitmighttendtoincriminate the person.(4)However, if—(a)the
person is an individual; and(b)therequirementistogiveinformationorproduceadocument;Page 50Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 58B]evidence of, or evidence directly or
indirectly derived from,theinformationordocumentthatmighttendtoincriminatethe person is
not admissible in evidence against the person ina
civil or criminal proceeding, other than a proceeding for anoffenceaboutthefalsityormisleadingnatureoftheinformation or
document.(5)If a person is convicted of an offence
against subsection (2),the court may, as well as imposing a
penalty for the offence,order the person to comply with the
requirement.58BPower to inquire into fire or
hazardous materialsemergency(1)This
section—(a)applies if an authorised fire officer
becomes aware, orreasonably suspects, that a fire or
hazardous materialsemergency (theemergency)
has happened; and(b)applies for section 55 and for this
Act generally.(2)The authorised fire officer may
inquire into the circumstancesand probable
causes of the emergency.(3)Theauthorisedfireofficermayrequireapersonwhohasknowledge,orwhomtheauthorisedfireofficerreasonablysuspectstohaveknowledge,ofthecircumstancesoftheemergency to give the authorised fire
officer reasonable help,as stated in the requirement, to
inquire under subsection (2).(4)A
requirement under subsection (3) may be given orally or inwriting.(5)Apersonmustcomplywitharequirementundersubsection (3) unless the person has a
reasonable excuse fornot complying.Maximum
penalty—10 penalty units.(6)If the
requirement is to be complied with by a person who isanindividualgivinginformationorproducingadocument,other than a
document required to be kept by the person underthisAct,itisareasonableexcuseforthepersontofailtoCurrent as at [Not applicable]Page
51
Fire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 58C]complywiththerequirementifcomplyingwiththerequirement might tend to incriminate
the person.Notauthorised—indicativeonly58CPower to require
production of certain documents(1)Anauthorisedfireofficermayrequireapersontomakeavailableforinspectionbyanauthorisedfireofficer,orproducetotheauthorisedfireofficerforinspection,atareasonabletimeandplacestatedbytheauthorisedfireofficer—(a)adocumentissuedtothepersonunderthisActorrequired to be
kept by the person under this Act; or(b)adocumentabouttheperson’sobligationsunderthisAct for fire
safety, including about the maintenance offire
safetyinstallationsinabuildingorthefiresafetysystems for a building.(2)Thepersonmustcomplywitharequirementundersubsection (1), unless the person has a
reasonable excuse fornot complying.Maximum
penalty—10 penalty units.(3)If the person is
an individual, it is a reasonable excuse for thepersonnottocomplywiththerequirementundersubsection (1) if complying with the
requirement might tendto incriminate the person.(4)The authorised fire officer may keep
the document to copy it.(5)If the
authorised fire officer copies the document, or an entryin
the document, the authorised fire officer may require thepersonresponsibleforkeepingthedocumenttocertifythecopy
as a true copy of the document or entry.(6)Thepersonresponsibleforkeepingthedocumentmustcomplywiththerequirement,unlessthepersonhasareasonable excuse for not
complying.Maximum penalty—20 penalty units.(7)Theauthorisedfireofficermustreturnthedocumenttotheperson as soon as practicable after
copying it.Page 52Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 58D]58DPower to require information about
identity of occupier(1)This section
applies if a person alleges to an authorised fireofficer,oranauthorisedfireofficerreasonablysuspects,acontravention of this Act or
theBuilding Act 1975, chapter
7or 7A has been committed in relation to
premises.(2)An authorised fire officer may require
any of the followingpersons to give the authorised fire
officer information that willidentify or help
identify an occupier of the premises—(a)a
government entity;(b)an occupier of the premises;(c)a person who may reasonably be
expected to give theinformation.(3)A
person must comply with a requirement under subsection(2),unlessthepersonhasareasonableexcusefornotcomplying.Maximum
penalty—20 penalty units.(4)If the person is
an individual, it is a reasonable excuse for theperson not to comply with a requirement
under subsection (2)if complying with the requirement
might tend to incriminatethe person.59Person acting at direction of authorised
fire officerAny power conferred upon an authorised fire
officer may beexercisedbyanypersonactingatthedirectionofanauthorised fire
officer and any power so exercised is taken tohave been
exercised by an authorised fire officer.60Directions concerning exercise of
powersThe exercise of a power conferred by or
under this part on anauthorisedfireofficeroranyotherpersonmustbeinaccordance with any direction given by
the commissioner andwith any code of practice.Current as at [Not applicable]Page
53
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 60A]60ADecontamination(1)An
authorised fire officer may ask a person the authorised fireofficer is satisfied may be, is, or may have
been affected by achemical substance, to agree to undergo
decontamination.(2)The person may agree or refuse to
agree to the request.(3)If the person
agrees, it is lawful for the authorised fire officertotakethestepstheauthorisedfireofficerconsidersreasonably necessary to decontaminate the
person, including,for example, asking the person to stay where
the person is orto move to a stated place for the
purpose.(4)The authorised fire officer may not
direct another person toperform the decontamination.(5)In this section—decontaminate,inrelationtoachemicalsubstance,meansmake
the chemical substance harmless.Part 6APowers of investigation officersDivision 1Investigation
officers60BAppointment(1)The
commissioner may appoint any of the following personsas
an investigation officer—(a)a public service
employee;(b)a fire service officer;(c)a person prescribed under a
regulation.(2)However,thecommissionermayappointapersonasaninvestigation officer only if the
commissioner is satisfied theperson is
qualified for appointment because the person has thenecessary expertise or experience.Page
54Current as at [Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 60C]60CAppointment conditions and limit on
powers(1)An investigation officer holds office
on any conditions statedin—(a)the
officer’s instrument of appointment; or(b)a
signed notice given to the officer; or(c)a
regulation.(2)The instrument of appointment, a
signed notice given to theinvestigationofficeroraregulationmaylimittheofficer’spowers under
this Act.(3)In this section—signed
noticemeans a notice signed by the
commissioner.60DWhen investigation officer ceases to
hold office(1)Aninvestigationofficerceasestoholdofficeifanyofthefollowing happens—(a)the
term of office stated in a condition of office ends;(b)under another condition of office, the
officer ceases tohold office.(2)Subsection (1) does not limit the ways an
investigation officermay cease to hold office.(3)In this section—conditionofofficemeansaconditiononwhichtheinvestigation officer holds office.60EFunctions of investigation
officersAninvestigationofficerhasthefunctionofinvestigatingoffences against
this part and section 150B.60FIssue of identity
card(1)Thecommissionermustissueanidentitycardtoeachinvestigation
officer.Current as at [Not applicable]Page
55
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 60G](2)The
identity card must—(a)contain a recent photo of the
investigation officer; and(b)contain a copy
of the investigation officer’s signature;and(c)identify the person as an
investigation officer under thisAct; and(d)state an expiry date for the
card.(3)Thissectiondoesnotpreventtheissueofasingleidentitycard
to a person for this Act and other purposes.60GProduction or display of identity
card(1)In exercising a power under this part
in relation to a person, aninvestigation
officer must—(a)producetheofficer’sidentitycardfortheperson’sinspection
before exercising the power; or(b)have
the identity card displayed so it is clearly visible tothe
person when exercising the power.(2)However, if it is not practicable to comply
with subsection (1),the investigation officer must produce
the identity card for theperson’s inspection at the first
reasonable opportunity.(3)For subsection
(1), an investigation officer does not exercise apowerinrelationtoapersononlybecausetheofficerhasentered a place as mentioned in section
60I(1)(b) or (2).60HReturn of identity cardA
person who ceases to be an investigation officer must returnthe
person’s identity card to the commissioner within 21 daysafter ceasing to be an investigation officer
unless the personhas a reasonable excuse.Maximum
penalty—10 penalty units.Page 56Current as at
[Not applicable]
Division 2Fire and
Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 60I]Powers of investigation officersNotauthorised—indicativeonly60IPower to enter places(1)An investigation officer may enter a
place if—(a)an occupier of the place consents to
the entry; or(b)it is a public place and the entry is
made when it is opento the public.(2)For
the purpose of asking the occupier of a place for consentto
enter, an investigation officer may, without the occupier’sconsent or a warrant—(a)enter land around premises at the place to
an extent thatis reasonable to contact the occupier;
or(b)enter part of the place the officer
reasonably considersmembersofthepublicordinarilyareallowedtoenterwhen they wish
to contact the occupier.(3)In this
section—public placemeans—(a)a place to which members of the public
have access asof right, whether or not on payment of a fee
and whetheror not access to the place may be restricted
at particulartimes or for particular purposes; or(b)a part of a place that the occupier of
the place allowsmembers of the public to enter, but only
while the placeis ordinarily open to members of the
public.60JEntry with consent(1)This
section applies if an investigation officer intends to askanoccupierofaplacetoconsenttotheofficeroranotherinvestigation
officer entering the place.(2)Before asking for the consent, the
investigation officer musttell the occupier—(a)the
purpose of the entry; andCurrent as at [Not applicable]Page
57
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 60K](b)that
the occupier is not required to consent.(3)If
the consent is given, the investigation officer may ask theoccupier to sign an acknowledgement of the
consent.(4)The acknowledgement must state—(a)the occupier has been told—(i)the purpose of the entry; and(ii)that the
occupier is not required to consent; and(b)the
purpose of the entry; and(c)theoccupiergivestheinvestigationofficerconsenttoenter the place and exercise powers under
this part; and(d)the time and date the consent was
given.(5)If the occupier signs an
acknowledgement, the investigationofficer must
immediately give a copy to the occupier.(6)If—(a)anissuearisesinaproceedingaboutwhethertheoccupier consented to the entry; and(b)an acknowledgement complying with
subsection (4) forthe entry is not produced in
evidence;the onus of proof is on the person relying
on the lawfulness ofthe entry to prove the occupier
consented.60KGeneral powers after entering
places(1)This section applies to an
investigation officer who enters aplace.(2)However, if an investigation officer
enters a place to get theoccupier’s consent to enter a place,
this section applies to theofficer only if
the consent is given or the entry is otherwiseauthorised.(3)Formonitoringandenforcingcompliancewiththispartorsection 150B, the investigation
officer may—Page 58Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 60L](a)copy a document at the place or take
the document toanother place to copy it; or(b)requireapersonattheplace,togivetheofficerreasonable help
to exercise the officer’s powers underparagraph (a);
or(c)require a person at the place, to
answer questions by theofficer to help the officer ascertain
whether the person,oranotherpersonattheplace,committedanoffenceagainst this
Act.(4)Whenmakingarequirementmentionedinsubsection (3)(b)or (c), the
investigation officer must warn the person it is anoffencetofailtocomplywiththerequirement,unlesstheperson has a reasonable excuse.(5)If an investigation officer takes a
document from a place tocopy it, the document must be copied
as soon as practicableand returned to the place.(6)To remove any doubt, it is declared
that this section applies toan investigation
officer who is also an authorised fire officerand enters a
place for the purpose of exercising a power underpart
6.(7)Also,thepowersaninvestigationofficermentionedinsubsection (6) has under this section are in
addition to, and donot limit, any powers the officer may have
under part 6.60LFailure to help investigation
officer(1)Apersonrequiredtogivereasonablehelpundersection
60K(3)(b) must comply with the requirement, unlessthe
person has a reasonable excuse.Maximum
penalty—10 penalty units.(2)It is a
reasonable excuse for the person not to comply with therequirementbecausecomplyingwiththerequirementmighttend
to incriminate the person.Current as at [Not applicable]Page
59
Notauthorised—indicativeonlyFire and Emergency Services Act
1990Chapter 3 Queensland Fire and Emergency
Service[s 60M]60MFailure to answer questions(1)Apersonofwhomarequirementismadeundersection 60K(3)(c)must,unlessthepersonhasareasonableexcuse, comply
with the requirement.Maximum penalty—10 penalty
units.(2)It is a reasonable excuse for the
person to fail to comply withtherequirementthatcomplyingwiththerequirementmighttend
to incriminate the person.60NPower to require
name and address(1)This section applies if an
investigation officer—(a)finds a person
committing an offence against this part orsection 150B;
or(b)finds a person in circumstances that
lead the officer toreasonablysuspectthepersonhasjustcommittedanoffence against this part or section
150B; or(c)hasinformationthatleadstheofficertoreasonablysuspect a person
has committed an offence against thispart or section
150B.(2)The investigation officer may require
the person to state theperson’s name and residential
address.(3)When making the requirement, the
investigation officer mustwarn the person it is an offence to
fail to state the person’snameorresidentialaddress,unlessthepersonhasareasonable excuse.(4)The
investigation officer may require the person to give theofficerevidenceofthecorrectnessofthestatednameorresidential address if the officer
reasonably suspects the statedname or address
to be false.Page 60Current as at
[Not applicable]
Notauthorised—indicativeonlyFire
and Emergency Services Act 1990Chapter 3
Queensland Fire and Emergency Service[s 60O]60OFailure to give name or address(1)Apersonofwhomapersonaldetailsrequirementismademustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—10 penalty units.(2)A person does
not commit an offence against subsection (1)if—(a)the person was required to state the
person’s name andresidentialaddressbyaninvestigationofficerwhosuspected the person had committed an
offence againstthis Act; and(b)the
person is not proved to have committed the offenceagainst this Act.(3)In
this section—personaldetailsre