Fire and Emergency Services Act 1990


Queensland Crest
Fire and Emergency Services Act 1990
Queensland Fire and Emergency Services Act 1990 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Crime and Corruption and Other Legislation Amendment Bill 2018. This indicative reprint has been prepared 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 for the Crime and Corruption and Other Legislation Amendment Bill 2018—15 February 2018 Detailed information about indicative reprints is available on the Information page of the Queensland legislation website.
© State of Queensland 2018 This work is licensed under a Creative Commons Attribution 4.0 International License.
Not authorised —indicative only Queensland Fire and Emergency Services Act 1990 Contents Chapter 1 1 2 3 4 Chapter 2 5 6 7 7A 7B Chapter 3 Part 1 8 8A 8B Part 3 20 Part 4 Division 1 25 25A 25B 25C 26 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Commissioner Appointment of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Salary and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Acting commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Functions of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Queensland Fire and Emergency Service Establishment, membership and functions Establishment of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Membership of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Functions of QFES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Financial provisions Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Provisions affecting personnel Appointments and conditions Staff of QFES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Fire service officers employed under this Act . . . . . . . . . . . . . . . 21 Requirement to disclose previous history of serious disciplinary action to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Requirement to disclose previous history of serious disciplinary action to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Conditions of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Fire and Emergency Services Act 1990 Contents Not authorised —indicative only 27 Division 2 28 29 29A 29B Division 3 Subdivision 1A 29C 29D Subdivision 1 30 30A Subdivision 2 30B 30D 30E 30F Subdivision 3 30G 30H Subdivision 4 30I 30J 30K Subdivision 5 31 32 33 Part 4A 34 35 36 37 Additional remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Termination of office Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Retrenchment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Surrender of equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Vacating premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Disciplinary action Interpretation Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 References to relevant employees . . . . . . . . . . . . . . . . . . . . . . . 26 Grounds and disciplinary action generally Grounds for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Disciplinary action that may be taken against a fire service officer generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Disciplinary action against a fire service officer who was a relevant employee Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Action previous chief executive may take . . . . . . . . . . . . . . . . . . 31 Action commissioner may take . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Declaration if the commissioner is also the previous chief executive 32 Disciplinary action against a former fire service officer Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Action commissioner may take . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Provisions about information about disciplinary action Information about disciplinary action to be given by commissioner 34 Information about disciplinary action to be given to commissioner 35 Use of particular information about disciplinary action obtained by commissioner in another capacity . . . . . . . . . . . . . . . . . . . . . . . . 36 Other provisions about disciplinary action Implementation of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Mode of dismissal or suspension . . . . . . . . . . . . . . . . . . . . . . . . 38 Emergency Services Advisory Council Establishment of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Chairperson of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Page 2
38 39 40 41 42 43 44 Part 6 52 53 54 55 56 56A 56B 56C 56D 56E 56F 57 58A 58B 58C 58D 59 60 60A Part 6A Division 1 60B 60C 60D 60E 60F 60G Fire and Emergency Services Act 1990 Contents How appointments made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of authorised fire officers Authorised fire officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of authorised officer in dangerous situations . . . . . . . . . Disposal of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of authorised fire officer for preventative or investigative purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extent of power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to seize evidence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require name and address . . . . . . . . . . . . . . . . . . . . . . Reasonable assistance to be provided . . . . . . . . . . . . . . . . . . . . Power to inquire into fire or hazardous materials emergency . . . Power to require production of certain documents . . . . . . . . . . . Power to require information about identity of occupier . . . . . . . Person acting at direction of authorised fire officer . . . . . . . . . . . Directions concerning exercise of powers . . . . . . . . . . . . . . . . . . Decontamination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of investigation officers Investigation officers Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions and limit on powers . . . . . . . . . . . . . . . . When investigation officer ceases to hold office . . . . . . . . . . . . . Functions of investigation officers . . . . . . . . . . . . . . . . . . . . . . . . Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of identity card . . . . . . . . . . . . . . . . . . . . . 40 40 40 41 41 41 41 41 42 44 44 46 46 46 47 48 48 49 49 50 51 52 53 53 53 54 54 55 55 55 55 56 Page 3 Not authorised —indicative only
Not authorised —indicative only Fire and Emergency Services Act 1990 Contents 60H Division 2 60I 60J 60K 60L 60M 60N 60O 60P 60Q Part 7 Division 1 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Division 2 75 76 77 78 Division 3 79 80 81 Page 4 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of investigation officers Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers after entering places . . . . . . . . . . . . . . . . . . . . . Failure to help investigation officer . . . . . . . . . . . . . . . . . . . . . . . Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require name and address . . . . . . . . . . . . . . . . . . . . . . Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Control and prevention of fires Powers of commissioner relating to fires Interpretation and application of division . . . . . . . . . . . . . . . . . . . Offence to light unauthorised fire . . . . . . . . . . . . . . . . . . . . . . . . Authorisation of fires by commissioner . . . . . . . . . . . . . . . . . . . . Prohibition by commissioner against lighting of fires . . . . . . . . . . Granting of permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fires in State forests etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupier to extinguish fire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of occupier of entry etc. . . . . . . . . . . . . . . . . . . . . . . . . . Requisition by commissioner to reduce fire risk . . . . . . . . . . . . . Restriction on sale of notified articles . . . . . . . . . . . . . . . . . . . . . Notifications, notices and permits . . . . . . . . . . . . . . . . . . . . . . . . Offences re lighting fires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liability of person for fire lit by agent or employee . . . . . . . . . . . Liability for damage caused by certain fires . . . . . . . . . . . . . . . . Fire wardens Chief fire wardens and fire wardens . . . . . . . . . . . . . . . . . . . . . . Powers and functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals from decisions of fire wardens . . . . . . . . . . . . . . . . . . . . Rural fire brigades Formation of rural fire brigade . . . . . . . . . . . . . . . . . . . . . . . . . . . Rural fire brigade may make rules . . . . . . . . . . . . . . . . . . . . . . . Officers of rural fire brigade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 57 57 58 59 60 60 61 61 61 62 63 63 63 64 64 65 65 67 69 69 70 71 71 72 73 73 73 73 74 74
82 83 84 85 86 Part 8 Division 1 86A 86B 86C 86D 86E 86F 86G Division 2 87 88 89 90 91 92 93 Part 9 95 96 97 98 99 100 101 102 103 104 Part 9A Division 1 104A Fire and Emergency Services Act 1990 Contents Functions of a rural fire brigade . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of first officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equipment for rural fire brigade . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner’s role relating to rural fire brigades . . . . . . . . . . . Powers of officers of other States to fight fires in Queensland . . Fire emergency Local fire bans Imposing local fire ban . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publicising local fire ban . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancelling local fire ban . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period of local fire ban . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of local fire ban on other authorisations to light fires . . . . . Contravening local fire ban . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary aid about local fire ban . . . . . . . . . . . . . . . . . . . . . . . Declarations of state of fire emergency Declaration of state of fire emergency . . . . . . . . . . . . . . . . . . . . . Publication of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period of state of fire emergency . . . . . . . . . . . . . . . . . . . . . . . . Effect of emergency on existing authorities to light fires . . . . . . . Commissioner’s power during fire emergency . . . . . . . . . . . . . . Failure to comply with declaration . . . . . . . . . . . . . . . . . . . . . . . . Certificate re declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Off-site plans for dangerous goods Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupier to provide information concerning dangerous goods . . Off-site emergency plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistance with plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to implement plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of changed circumstances . . . . . . . . . . . . . . . . . . . . . . . . Keeping copies of plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Punishment for certain offences against this part . . . . . . . . . . . . Building fire safety Interpretation Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 75 76 76 77 78 78 79 79 80 80 80 81 82 82 82 83 83 83 84 84 85 85 86 86 86 87 87 87 88 Page 5 Not authorised —indicative only
Not authorised —indicative only Fire and Emergency Services Act 1990 Contents 104B Application to prisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Division 2 Obligations of persons for fire safety Subdivision 1 Means of escape and prescribed fire safety installations 104C Occupier of building to maintain means of escape from building 89 104D Occupier of building to maintain prescribed fire safety installations 89 104DA Additional requirement for monitored systems . . . . . . . . . . . . . . 91 Subdivision 2 Fire and evacuation plan 104E Fire and evacuation plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 104F Assistance with plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Subdivision 3 Fire safety management plan 104FA Obligation to prepare fire safety management plan . . . . . . . . . . 94 104FB Other obligations about fire safety management plan . . . . . . . . . 95 104FC Meaning of fire safety management plan . . . . . . . . . . . . . . . . . . 95 104FD Guidelines for preparing fire safety management plans . . . . . . . 96 104FE Public notice of guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 104FF Access to guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 104FG Accessing fire safety management plan . . . . . . . . . . . . . . . . . . . 97 Subdivision 3A Matters relating to particular proceedings under this division 104FGA Provisions applying for particular proceedings . . . . . . . . . . . . . . 97 Subdivision 4 Obligations of entities about guidelines for fire safety standard and fire safety management plans 104FH Obligations about guidelines for fire safety standard and fire safety management plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Subdivision 5 Commissioner’s notice about occupier’s and owner’s obligations 104G Notice by commissioner about occupier’s or owner’s obligations 99 Division 3 Prohibition on prescribed use without certificate of compliance 104H Prohibition on prescribed use without certificate of compliance . 100 104I Certificate of compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 104J Form of certificate of compliance . . . . . . . . . . . . . . . . . . . . . . . . 103 104K Certificate of compliance—limitations on requirements . . . . . . . 103 Division 3A Occupancy limits for particular licensed buildings Subdivision 1 Preliminary 104KA Definitions for div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 104KB Object of div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 104KC Application of div 3A to a part of a licensed building . . . . . . . . . . 105 Subdivision 2 Occupancy notices Page 6
Fire and Emergency Services Act 1990 Contents Not authorised —indicative only 104KD 104KE 104KF 104KG 104KH 104KI Subdivision 3 104KJ 104KK 104KL 104KM 104KN 104KO 104KP 104KQ Subdivision 4 104KR 104KS Division 5 104R Division 5A 104RA 104RAA 104RB 104RBA 104RBB 104RC 104RD 104RE 104RF 104RG 104RH 104RI Deciding if a building is an at risk licensed building . . . . . . . . . . 106 Deciding an occupancy number . . . . . . . . . . . . . . . . . . . . . . . . . 106 Commissioner may give occupancy notice to occupier . . . . . . . . 107 Occupancy number applying during particular uses or circumstances 108 Application and currency of occupancy notice . . . . . . . . . . . . . . 108 Re-assessment of risk of overcrowding . . . . . . . . . . . . . . . . . . . 108 Obligations of occupiers of at risk licensed buildings Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Ensuring the occupancy number is not exceeded . . . . . . . . . . . . 110 Ensuring staff are aware of the occupancy number . . . . . . . . . . 110 Implementing a counting system . . . . . . . . . . . . . . . . . . . . . . . . . 110 Displaying signs stating the occupancy number . . . . . . . . . . . . . 111 Including the occupancy number in the fire and evacuation plan 111 Notifying the commissioner of relevant changes . . . . . . . . . . . . . 111 Action if an officer knows or suspects the occupancy number is being exceeded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Miscellaneous Commissioner may give copies of notices to chief executive (liquor licensing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Commissioner may publish occupancy numbers . . . . . . . . . . . . 113 Injunctions relating to high risk buildings Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Smoke alarms for domestic dwellings Definitions for div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 When smoke alarm operates when tested . . . . . . . . . . . . . . . . . 116 Owner must install smoke alarm—requirements being phased out by 31 December 2026 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Owner must install smoke alarm . . . . . . . . . . . . . . . . . . . . . . . . . 117 Alternative compliance with smoke alarm requirement provision 119 Owner must replace smoke alarm . . . . . . . . . . . . . . . . . . . . . . . . 120 Testing smoke alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Replacing the batteries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Tenant must advise lessor if smoke alarm needs replacing . . . . 121 Cleaning smoke alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Person must not interfere with smoke alarm . . . . . . . . . . . . . . . . 122 Division applies for all alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Page 7
Fire and Emergency Services Act 1990 Contents Not authorised —indicative only 104RJ 104RK 104RL 104RM Division 6 104S Part 9B 104SB 104SF 104SG 104SH 104SI 104SJ 104SK Part 10 Division 1 105 Division 2 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 Page 8 Agent may act for owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to transferee of residential land about smoke alarms . . . Notice to commissioner about smoke alarms and other matters Notice to buyer of manufactured home about smoke alarms . . . Regulations Regulations relating to this part . . . . . . . . . . . . . . . . . . . . . . . . . . Review of notices Persons aggrieved by notice may apply for review . . . . . . . . . . . Relief from penalty pending determination of review by QCAT . . Assessors to help QCAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Function and powers of assessors . . . . . . . . . . . . . . . . . . . . . . . Appointment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification from appointment as assessor . . . . . . . . . . . . . . QCAT may have regard to assessor’s view . . . . . . . . . . . . . . . . Funding Interpretation Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters relating to fund contributions Constitution of levy districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liability to contribute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual contributions of owners of prescribed properties . . . . . . Annual returns by local governments . . . . . . . . . . . . . . . . . . . . . Discount for pensioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties of owner of prescribed property and local government . . Determinations and notifications of contributions . . . . . . . . . . . . Appeal against local government’s determination . . . . . . . . . . . . Manner of giving notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual contribution etc. deemed to be rates . . . . . . . . . . . . . . . . Contribution to be paid into fund of local government . . . . . . . . . Retention of administration fee by local governments . . . . . . . . . Payments by local governments to department . . . . . . . . . . . . . Failure by local government to make payment . . . . . . . . . . . . . . Payments and interest to be debt . . . . . . . . . . . . . . . . . . . . . . . . Payment of arrears . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notices about contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery of arrears . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 123 124 125 126 128 128 128 129 130 130 131 131 132 133 134 134 135 136 136 136 138 139 139 139 140 140 141 141 141 142
124 125 126 127 128 Division 3 128A Part 11 128B 128C 128D 128E 128F 128G 128H 128I 128J 128K 128L Chapter 4 Part 1 Division 1 129 130 Division 2 131 Division 3 132 133 134 135 136 Fire and Emergency Services Act 1990 Contents Remitting contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Proof of amounts owing in relation to contributions . . . . . . . . . . . 143 Where services of debt collector engaged . . . . . . . . . . . . . . . . . 144 Application of Crown Proceedings Act . . . . . . . . . . . . . . . . . . . . 144 Levies not revenue in determining remuneration of employees of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Funding for rural fire brigades Local government may make and levy certain rates or charges and contribute amounts raised to rural fire brigades . . . . . . . . . . . . . 145 Charges for services Definitions for pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Charges may be prescribed or fixed by commissioner . . . . . . . . 145 Person for whose benefit service provided is liable for charge . . 146 Person who causes fire or other incident is liable for charge . . . 146 Property owner etc. is liable for charge for particular service . . . 146 No charge for attending to authorised fire except in particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Owner of prescribed property liable only for unwanted alarm charge 147 Property owner not liable for charge for attendance on grass fire 148 Joint and several liability for charges . . . . . . . . . . . . . . . . . . . . . 148 Liability for charge does not affect other liability . . . . . . . . . . . . . 148 Commissioner may waive charges . . . . . . . . . . . . . . . . . . . . . . . 148 State Emergency Service, emergency service units and authorised rescue officers State Emergency Service Continuation and functions Establishment of SES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Responsibilities of commissioner Commissioner’s responsibilities for SES . . . . . . . . . . . . . . . . . . . 150 Membership and SES units Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Establishment of SES units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Local controller of SES unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Function of local controller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 SES coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Page 9 Not authorised —indicative only
Not authorised —indicative only Fire and Emergency Services Act 1990 Contents 137 Division 4 138 139 Division 5 140 Part 2 Division 1 141 142 143 Division 2 144 Division 3 145 146 146A Division 4 147 147A 147B 147C Part 3 147D Part 4 Division 1 148 148A 148B 148C 148D 148E Division 2 149 Functions of SES coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Functions of SES units Functions of SES unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Notice of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Agreements Agreements between department and each local government to define responsibilities of each party . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Emergency service units Establishment and functions Establishment of ES units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Notice of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Commissioner’s responsibilities Commissioner’s responsibilities for ES units . . . . . . . . . . . . . . . . 158 Membership Commissioner may appoint ESU members . . . . . . . . . . . . . . . . 158 ES unit coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Function of ES unit coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Matters about ES units with function of fire fighting or fire prevention Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Appointment of fire coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Powers of fire coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Particular ESU members subject to direction . . . . . . . . . . . . . . . 161 Codes of practice for SES units and ES units Commissioner may make code of practice . . . . . . . . . . . . . . . . . 161 Authorised rescue officers Appointment Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 163 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . 164 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Powers of authorised rescue officers General provision about powers . . . . . . . . . . . . . . . . . . . . . . . . . 165 Page 10
149A 149B Chapter 5 Part 1 150 150A 150B 150C 150D 150E 150F 150G 150H 150I 150J 150K Part 2 Division 1 151 151A 151B 151C 151D 151E 151F 151G 151H Division 2 151I 151J 151K Part 3 152 152A Fire and Emergency Services Act 1990 Contents Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Exercise of powers subject to direction . . . . . . . . . . . . . . . . . . . . 167 General Offences Lighting of grass fire prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Interference with fire apparatus etc. . . . . . . . . . . . . . . . . . . . . . . 167 False calls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Obstruction of persons performing functions . . . . . . . . . . . . . . . . 169 Failure to assist or give reasonable help . . . . . . . . . . . . . . . . . . . 170 Failure to comply with requisition etc. . . . . . . . . . . . . . . . . . . . . . 170 Failure to answer question or provide information . . . . . . . . . . . 170 Impersonating authorised rescue officer etc. . . . . . . . . . . . . . . . 170 Using restricted expressions etc. . . . . . . . . . . . . . . . . . . . . . . . . 171 Warning device or lights on SES or ES vehicle . . . . . . . . . . . . . . 172 Liability of executive officer—particular offences committed by corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . 174 Proceedings Offence proceedings Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . 175 Limitation on who may summarily hear indictable offence proceedings 176 Proceeding for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 When proceeding must start . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Allegations of false or misleading information or document . . . . 177 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Dealing with forfeited thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Court may order costs of rehabilitation etc. of protected area . . . 178 Order for payment if guilty of false call . . . . . . . . . . . . . . . . . . . . 178 Evidence Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Provisions about performance of functions under this Act Exemption from toll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Right of way to fire officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Page 11 Not authorised —indicative only
Fire and Emergency Services Act 1990 Contents Not authorised —indicative only 152B 152C 152D Part 4 153 153A 153B 153C 153D 154 154A 154B 154C 154D 154E Part 5 Division 1 155 157 158 159 160 161 162 163 164 165 166 167 168 170 Division 2 171 Division 3 Page 12 Use of unregistered vehicles on roads . . . . . . . . . . . . . . . . . . . . 182 Inspection of records of local governments and building certifiers 182 Interstate assistance at fires . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Miscellaneous Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Protection from liability—acts or omissions under chapter 3 . . . . 186 Protection from civil liability—acts or omissions under chapter 4 186 Ownership of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Representation of commissioner at inquiries . . . . . . . . . . . . . . . 187 Construction of policies of fire insurance . . . . . . . . . . . . . . . . . . . 187 Report of fire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 Commissioner to insure SES members etc. . . . . . . . . . . . . . . . . 189 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Savings and transitional provisions Provisions for Act before commencement of Emergency Services Legislation Amendment Act 1998 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 References to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Vesting of assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Legal or disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . 192 Fire authority officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 Conditions of employment of transferred officers . . . . . . . . . . . . 192 Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Duty to assist transfer of property . . . . . . . . . . . . . . . . . . . . . . . . 193 Superannuation scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Things taken to have been done etc. by chief commissioner . . . 193 Things taken to have been done etc. by the authority . . . . . . . . . 194 Previous fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 Provision for Emergency Services Legislation Amendment Act 1998 Board members go out of office . . . . . . . . . . . . . . . . . . . . . . . . . 195 Provisions for Emergency Services Legislation Amendment Act 2001
172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 Division 4 189 Division 5 190 191 192 193 Division 6 194 195 196 197 198 199 Division 7 Fire and Emergency Services Act 1990 Contents Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Authority dissolved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 Superannuation entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 References to authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 Vesting of assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 Legal or disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . 196 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Fire service officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Conditions of employment of transferred officers . . . . . . . . . . . . 197 Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Duty to help transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . 197 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 Things taken to have been done etc. by commissioner . . . . . . . 198 Things taken to have been done etc. by chief executive . . . . . . . 198 Other things taken to have been done etc. by chief executive . . 199 Other things taken to have been done etc. by the State . . . . . . . 199 Closure of QFRA Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 Provision for Disaster Management Act 2003 Existing council members to remain in office . . . . . . . . . . . . . . . 200 Provisions for Integrity Reform (Miscellaneous Amendments) Act 2010 Definition for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Particular disciplinary grounds only apply to acts or omissions happening after commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Disciplinary action against former public service employee or ambulance service officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Disciplinary action against former fire service officer . . . . . . . . . 202 Provisions for Revenue Amendment and Trade and Investment Queensland Act 2013 Definition for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Amounts in Queensland Fire and Rescue Service Fund at commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 References to fire levy notices and urban districts . . . . . . . . . . . 202 Appeals against fire levy notices . . . . . . . . . . . . . . . . . . . . . . . . . 203 Application of s 112 for local governments . . . . . . . . . . . . . . . . . 203 Application of s 114 for local governments . . . . . . . . . . . . . . . . . 203 Transitional and validation provisions for Public Safety Business Agency Act 2014 Page 13 Not authorised —indicative only
Not authorised —indicative only Fire and Emergency Services Act 1990 Contents 200 201 202 203 204 Division 8 205 206 Schedule 5 Schedule 6 Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 Validation of things done by former commissioner . . . . . . . . . . . 204 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 References to, and acts etc. by, the chief executive . . . . . . . . . . 205 Transition of Emergency Management, Fire and Rescue Fund to fund 205 Transitional provisions for Crime and Corruption and Other Legislation Amendment Act 2018 Disciplinary action against a fire service officer who was a relevant commission officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 Sharing disciplinary information . . . . . . . . . . . . . . . . . . . . . . . . . 206 Uses of buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 Page 14
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 1 Preliminary [s 1] Fire and Emergency Services Act 1990 An Act to establish the Queensland Fire and Emergency Service, to establish a fund for particular purposes, to provide for the prevention of and response to fires and emergency Chapter 1 Preliminary 1 Short title This Act may be cited as the Fire and Emergency Services Act 1990 . 2 Objects of Act The objects of this Act are— (a) to provide for the prevention of, and responses to, fires and 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) emergency service units established for an emergency service area; and (iv) the conduct of authorised rescue officers. Current as at [Not applicable] Page 15
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 2 Commissioner [s 3] 3 Definitions The dictionary in schedule 6 defines particular words used in this Act. 4 Act binds all persons (1) This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence. Chapter 2 Commissioner 5 Appointment of commissioner (1) The Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner. (2) The commissioner is to be appointed under this Act, and not under the Public Service Act 2008 . 6 Salary and conditions The Governor in Council shall from time to time approve the salary, allowances, and conditions of employment of a person holding office as commissioner. 7 Acting commissioner (1) The Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during— (a) any vacancy, or all vacancies, in the office; or Page 16 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 2 Commissioner [s 7A] (b) any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office. (2) The Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25(1)(b)(iv) and (v). 7A Functions of commissioner (1) The main functions of the commissioner are as follows— (a) to manage QFES in a way that ensures QFES performs its functions under this Act effectively and efficiently; (b) to establish management and support services for the SES and ES units; (c) to make recommendations to the Minister about any matter that— (i) relates to the performance of functions or exercise of powers by the commissioner or QFES; and (ii) may help the Minister in the proper administration of this Act. (2) The commissioner’s functions also include any other function given to the commissioner under this Act or another Act. 7B Codes of practice (1) The commissioner may from time to time issue codes of practice relating to— (a) the functions, powers, conduct and appearance of fire service officers; or (b) any functions imposed or powers conferred by or under this Act on any other person other than the Minister. (2) The commissioner may at any time amend or revoke a code of practice. Current as at [Not applicable] Page 17
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 8] (3) A provision of a code of practice is of no effect if inconsistent with a provision of this Act. (4) Provisions of a code of practice may differ according to differences in time, place or circumstance or according to the fire service officers or classes of fire service officers to whom they are expressed to apply. (5) Evidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the commissioner as being a true copy of the provision. Chapter 3 Queensland Fire and Emergency Service Part 1 Establishment, membership and functions 8 Establishment of service The Queensland Fire and Emergency Service ( QFES ) is established. 8A Membership of service QFES consists of— (a) the commissioner; and (b) fire service officers. 8B Functions of QFES The functions of QFES are— (a) to protect persons, property and the environment from fire and hazardous materials emergencies; and Page 18 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 20] (b) to protect persons trapped in a vehicle or building or otherwise endangered, to the extent that QFES’s personnel and equipment can reasonably be deployed or used for the purpose; and (c) to provide an advisory service, and undertake other measures, to promote— (i) fire prevention and fire control; and (ii) safety and other procedures if a fire or hazardous materials emergency happens; and (d) to cooperate with any entity that provides an emergency service; and (e) to perform other functions given to QFES under this Act or another Act; and (f) to perform functions incidental to its other functions; and (g) to identify and market products and services incidental to its functions. Part 3 Financial provisions 20 Fund (1) The Emergency Management Fund is established. (2) Accounts for the fund must be kept as part of the departmental accounts of the department. (3) Amounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department. (4) Amounts received for the fund include the following received by the department— (a) amounts received for prescribed property as contributions under part 10; Current as at [Not applicable] Page 19
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 20] (b) amounts received by the department from other sources for the fund or amounts that must be paid into the fund; (c) amounts received for the disposal of an asset that the commissioner considers was purchased substantially with 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) the management, by QFES or another entity administered or funded wholly or partly by the State, of the adverse effects or potential adverse effects of an incident or event. Example of management for paragraph (b)— making arrangements for mitigating the effects of, preparing for, responding to and recovering from an event (6) The Financial Accountability Act 2009 applies to the fund. (7) In this section— departmental accounts , of the department, means the accounts of the department under the Financial Accountability Act 2009 , section 69. departmental financial-institution account , of the department, means an account of the department kept under the Financial Accountability Act 2009 , section 83. event see the Disaster Management Act 2003 . other amounts , of the department, means amounts received by the department other than amounts received for the fund. QFRA Fund means the QFRA Fund mentioned in the Financial Administration and Audit Act 1977 , schedule 2, immediately before the commencement of the Emergency Services Legislation Amendment Act 2001 . Page 20 Current as at [Not applicable]
Not authorised —indicative only Part 4 Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 25] Provisions affecting personnel Division 1 Appointments and conditions 25 Staff of QFES The commissioner may employ the persons the commissioner considers necessary to perform the service’s functions. 25A Fire service officers employed under this Act Fire service officers are to be employed under this Act, and not under the Public Service Act 2008 . 25B Requirement to disclose previous history of serious disciplinary action to commissioner (1) If the commissioner proposes to employ a person under section 25, the commissioner may require the person to disclose to the commissioner particulars of any serious disciplinary action taken against the person. (2) The person must comply with the requirement before the employment takes effect and within the time and in the way stated by the commissioner. (3) The commissioner may have regard to information disclosed by the person under this section in deciding whether to employ the person under section 25. (4) The commissioner is not required to further consider the person 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 the requirement. Current as at [Not applicable] Page 21
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 25C] 25C Requirement to disclose previous history of serious disciplinary action to commissioner (1) If the commissioner proposes to second a person to QFES, the commissioner may require the person to disclose to the commissioner particulars of any serious disciplinary action taken against the person. Note— See the following provisions in relation to secondments by the commissioner— (a) the Public Service Act 2008 , sections 23 and 120; (b) the Public Service Regulation 2008 , section 5 and schedule 1, item 7. (2) The person must comply with the requirement before the secondment takes effect and within the time and in the way stated by the commissioner. (3) The commissioner may have regard to information disclosed by the person under this section in deciding whether to second the person to QFES. (4) The commissioner is not required to further consider the person for secondment if the person— (a) fails to comply with the requirement; or (b) gives false or misleading information in response to the requirement. 26 Conditions of employment (1) Subject to any applicable industrial instrument, persons employed under section 25 shall be paid salary, wages and allowances at such rates and shall be employed under such conditions of employment as the commissioner determines. (2) However, if a person mentioned in subsection (1) is employed on contract for a fixed term, the conditions of the person’s employment are not subject to any industrial instrument. Page 22 Current as at [Not applicable]
Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 27] 27 Additional remuneration A fire service officer must not seek or accept on account of anything done in the course of employment in QFES any fee or reward not authorised by the commissioner. Not authorised —indicative only Division 2 Termination of office 28 Retirement (1) A fire service officer— (a) must retire from employment with QFES upon attaining the age of 65 years; (b) may elect to retire from employment with QFES upon or at any time after attaining the age of 55 years. (2) If the commissioner suspects on reasonable grounds that a fire service officer, by reason of mental or physical infirmity, has not the capacity or is unfit— (a) to discharge efficiently the duties of office; and (b) to discharge efficiently any other duties that the commissioner might reasonably direct the officer to discharge; the commissioner must obtain medical opinion on the officer’s condition. (3) The commissioner may appoint any medical practitioner or medical practitioners to examine the officer and report upon the officer’s mental or physical condition or both and may direct the officer to submit to the examination. (4) If the commissioner believes on reasonable grounds that a fire service officer, by reason of mental or physical infirmity, has not the capacity or is unfit as prescribed by subsection (2), the commissioner may call upon the officer to retire within the time specified by the commissioner. (5) If the officer does not retire within the time specified, the commissioner may dismiss the officer. Current as at [Not applicable] Page 23
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 29] 29 Retrenchment Where the commissioner is satisfied that— (a) the services of a fire service officer can no longer be gainfully utilised in the office held by the officer because 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 Governor in Council have been complied with in relation to the officer; the commissioner may terminate the services of the officer by way of retrenchment in accordance with those redundancy arrangements. 29A Surrender of equipment (1) A person, upon ceasing to be a fire service officer, must surrender 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) A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in, or belonging to a class of person specified in, the warrant to search for and seize anything not surrendered in accordance with subsection (1). (3) A person authorised to execute a warrant may, for that purpose— (a) enter any premises in which the person believes the thing sought may be located; and (b) break open anything the person believes may contain the thing sought. Note— The content of this section was previously included in section 141. Page 24 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 29B] 29B Vacating premises (1) A person, upon ceasing to be a fire service officer, must immediately vacate any premises the property of the State or to the possession of which the State is entitled, unless the commissioner otherwise orders. (2) If the premises are not vacated immediately or, as the case may be, within any period ordered by the commissioner, the commissioner may give the person a notice to quit. (3) If the premises are not vacated within 14 days after the notice to quit is given, a magistrate, acting upon the complaint of the commissioner, may issue a warrant authorising a police officer to enter the premises and remove all persons and property not authorised by the commissioner to be on the premises and to deliver possession of the premises to the State. Note— The content of this section was previously included in section 142. Division 3 Disciplinary action Subdivision 1A Interpretation 29C Definitions for division In this division— prescribed employee means a prescribed employee under the Public Service Act 2008, section 186A, other than a fire service officer. relevant employee means— (a) a public service employee; or (b) a prescribed employee. Current as at [Not applicable] Page 25
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 29D] 29D References to relevant employees (1) This section provides for the meaning of particular terms used in this division relating to a person who is or was a relevant employee. (2) A reference to the person’s current or previous chief executive is a reference to— (a) for a person who is or was a public service employee— the chief executive of the department in which the person is or was employed as a public service employee; or (b) for a person who is or was a prescribed employee—the person’s current or previous chief executive under the Public Service Act 2008, section 186B(2). (3) A reference to a relevant disciplinary law for the person is a reference to any of the following— (a) the Public Service Act 2008, chapter 6; (b) a law that is a relevant disciplinary law for the person under the Public Service Act 2008, section 186B(3). Note— The laws mentioned in this subsection also provide for disciplinary action against a person who was, but is no longer, a relevant employee. (4) In subdivision 2— (a) a reference to a relevant disciplinary ground for the person is a reference to a disciplinary ground under a relevant disciplinary law for the person; and (b) a reference to a disciplinary finding in relation to a relevant disciplinary ground for the person is a reference to a finding that a relevant disciplinary ground for the person exists. Page 26 Current as at [Not applicable]
Subdivision 1 Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 30] Grounds and disciplinary action generally Not authorised —indicative only 30 Grounds for disciplinary action (1) A fire service officer is liable to disciplinary action upon any of the following grounds shown to the satisfaction of the commissioner to exist— (a) incompetence or inefficiency in the discharge of duties; (b) negligence, carelessness or indolence in the discharge of duties; (c) wilful failure to comply, without reasonable excuse, with a provision of this Act or an obligation imposed on the officer under— (i) a code of practice; or (ii) a code of conduct— (A) approved under the Public Sector Ethics Act 1994 ; or (B) prescribed under a directive of the commission chief executive under the Public Service 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 the commissioner or another person having authority over the officer; (f) misconduct; (g) use, without reasonable excuse, of a substance to an extent adversely affecting competent performance of duties; Current as at [Not applicable] Page 27
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 30] (h) contravention of a requirement of the commissioner under section 25B(1) or 25C(1) by, in response to the requirement— (i) failing to disclose a serious disciplinary action; or (ii) giving false or misleading information. (2) A disciplinary ground arises when the act or omission constituting the ground is done or made. (3) Also, the commissioner may— (a) discipline a fire service officer under subdivision 2 as if a ground mentioned in subsection (1) exists; or (b) discipline a former fire service officer under subdivision 3 or 4 on the same grounds mentioned in subsection (1). (4) If the commissioner is contemplating taking disciplinary action against a fire service officer on the ground of absence from duty, the commissioner may— (a) appoint a medical practitioner to examine the officer and to give the chief executive a written report about the officer’s mental or physical condition, or both; and (b) direct the officer to submit to the medical examination. (5) In this section— misconduct means— (a) inappropriate or improper conduct in an official capacity; or (b) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on QFES. Example of misconduct— victimising another fire service officer in the course of the other officer’s employment in QFES Page 28 Current as at [Not applicable]
Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 30A] Not authorised —indicative only 30A Disciplinary action that may be taken against a fire service officer generally (1) In disciplining a fire service officer, the commissioner may take the action, or order the action be taken, ( disciplinary action ) that the commissioner considers reasonable in the circumstances. Examples of disciplinary action— dismissal reduction of classification level and a consequential change of duties 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 penalty be deducted from the officer’s periodic salary payments a reprimand (2) If the disciplinary action is taken following an agreement under section 30E(1) between the previous chief executive mentioned in the section and the commissioner, the previous chief executive and the commissioner must agree on the disciplinary action. (3) A monetary penalty can not be more than the total of 2 of the officer’s periodic salary payments. (4) Also, an amount directed to be deducted from any particular periodic salary payment of the officer— (a) must not be more than half of the amount payable to or for the officer in relation to the payment; and (b) must not reduce the amount of salary payable to the officer in relation to the period to less than— (i) if the officer has a dependant—the guaranteed minimum wage for each week of the period; or (ii) otherwise—two-thirds of the guaranteed minimum wage for each week of the period. Current as at [Not applicable] Page 29
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 30B] (5) An order under subsection (1) is binding on anyone affected by it. Note— See the following provisions in relation to appeals against a decision of the commissioner to take disciplinary action against a person— (a) the Public Service Act 2008 , sections 23 and 194; (b) the Public Service Regulation 2008 , sections 5 and 7 and schedule 1, item 7. Subdivision 2 Disciplinary action against a fire service officer who was a relevant employee 30B Application of sdiv 2 (1) This subdivision applies if— (a) a person is a relevant employee and a relevant disciplinary ground arises in relation to the person; and (b) after the relevant disciplinary ground arises, the person changes employment from employment as a relevant employee to employment under section 25. (2) However, this subdivision does not apply if the person’s previous chief executive has taken, is taking, or intends to take, disciplinary action against the person under a relevant disciplinary law in relation to the relevant disciplinary ground. (3) For this section, a person changes employment from employment as a relevant employee to employment under section 25 if— (a) the person’s employment under section 25 starts after the person’s employment as a relevant employee ends; or (b) the person is employed under section 25 following the person’s transfer, redeployment or secondment from the department or the Queensland Ambulance Service. Page 30 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 30D] 30D Action previous chief executive may take (1) The person’s previous chief executive may make a disciplinary finding about the relevant disciplinary ground for this subdivision. (2) The previous chief executive may take disciplinary action about the relevant disciplinary ground as provided under section 30E(1). (3) Despite subsection (1) and without limiting or being limited by any other power of delegation under any Act, the previous chief executive may delegate to the commissioner the authority under subsection (1) to make a disciplinary finding about the person. (4) The previous chief executive may give to the commissioner any information about the person or a relevant disciplinary ground relating to the person to help the commissioner to perform a function under section 30E(1) or (2) in relation to the person. 30E Action commissioner may take (1) If— (a) the person’s previous chief executive makes a disciplinary finding about the relevant disciplinary ground; and (b) the previous chief executive and the commissioner agree that disciplinary action against the person is reasonable in the circumstances; the commissioner may take disciplinary action against the person under section 30A as if a disciplinary ground under section 30 exists. (2) If— (a) the person’s previous chief executive delegates to the commissioner the authority under section 30D(1) to make a disciplinary finding about the person; and Current as at [Not applicable] Page 31
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 30F] (b) the commissioner makes a disciplinary finding about the person; the commissioner may take disciplinary action against the person under section 30A without the agreement of the previous chief executive. 30F Declaration if the commissioner is also the previous chief executive (1) This section applies if, in relation to a person who is a fire service officer, the commissioner is also the previous chief executive under this subdivision. (2) This subdivision applies with necessary changes to allow the commissioner to take disciplinary action against the person as provided under this subdivision. Subdivision 3 Disciplinary action against a former fire service officer 30G Application of sdiv 3 (1) This subdivision applies if— (a) a disciplinary ground arises in relation to a fire service officer (the former fire service officer ); and (b) after the disciplinary ground arises, the officer’s employment as a fire service officer ends for any reason. (2) However, this subdivision does not apply in relation to a person who is a former fire service officer if the commissioner is aware— (a) the person is a relevant employee; and (b) the person’s current or previous chief executive has taken, is taking, or intends to take disciplinary action against the person, under a relevant disciplinary law, in relation to the disciplinary ground. Page 32 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 30H] 30H Action commissioner may take (1) The commissioner may make a disciplinary finding or take or continue to take disciplinary action against the former fire service officer in relation to the disciplinary ground. (2) The disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the officer’s employment. (3) However, subsection (2) does not stop disciplinary action being 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 notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 . (5) In disciplining the former fire service officer, the commissioner may make a disciplinary declaration and may not take any other disciplinary action. (6) The commissioner may only make a disciplinary declaration if the disciplinary action that would have been taken against the officer if the officer’s employment had not ended would have been— (a) dismissal; or (b) reduction of classification level. (7) The making of the disciplinary declaration does not affect the way in which the officer’s employment ended, or any benefits, rights or liabilities arising because the employment ended. (8) In this section— disciplinary declaration means a declaration of— (a) the disciplinary finding against the former fire service officer; and Current as at [Not applicable] Page 33
Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 30I] (b) the disciplinary action that would have been taken against the officer if the officer’s employment had not ended. Not authorised —indicative only Subdivision 4 Provisions about information about disciplinary action 30I Information about disciplinary action to be given by commissioner (1) This section applies if— (a) a relevant official asks the commissioner for disciplinary information that the commissioner has about a person who is or was a fire service officer; and (b) the information is reasonably necessary for the relevant official to make a decision about— (i) an appointment or continued appointment, or the employment or continued employment, of the person by the official; or (ii) a disciplinary finding, disciplinary action or disciplinary declaration the official is considering in relation to the person under a relevant disciplinary law. (2) The commissioner must give the disciplinary information to the relevant official unless the commissioner is reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case. (3) In this section— disciplinary information , about a person, means information about the following made or taken against the person under this Act by commissioner— (a) a current investigation into whether the person should be disciplined; Page 34 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 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 official means— (a) the chief executive of a department; or (b) the chief executive (however described) of an entity whose employees are prescribed employees. 30J Information about disciplinary action to be given to commissioner (1) This section applies if— (a) the commissioner asks a relevant official for disciplinary information the official has about a person who is or was a relevant employee; and (b) the information is reasonably necessary for the commissioner to make a decision about— (i) the employment or continued employment of the person under section 25; or (ii) a disciplinary finding, disciplinary action or disciplinary declaration the commissioner is considering in relation to the person under this Act. (2) The relevant official must give the disciplinary information to the commissioner unless the official is reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case. (3) In this section— disciplinary information , about a person, means information about the following made or taken against the person under a public sector disciplinary law by a relevant official or another entity— (a) a current investigation into whether the person should be disciplined; Current as at [Not applicable] Page 35
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 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 official means— (a) the chief executive of a department; or (b) the chief executive (however described) of an entity whose employees are prescribed employees. 30K Use of particular information about disciplinary action obtained by commissioner in another capacity (1) This section applies if— (a) under the Public Service Act 2008, the commissioner has or has access to disciplinary information about a person who is or was a public service employee; and (b) the information is reasonably necessary for the commissioner to make a decision about— (i) the employment or continued employment of the person under section 25; or (ii) a disciplinary finding, disciplinary action or disciplinary declaration the commissioner is considering in relation to the person under this Act. (2) Despite any other Act or law, the commissioner may use the disciplinary information for the purpose of making the decision mentioned in subsection (1)(b). (3) In this section— disciplinary information means information about the following made or taken against the person under a public sector disciplinary law— (a) a current investigation into whether the person should be disciplined; (b) a finding that the person should be disciplined; (c) possible disciplinary action under consideration; Page 36 Current as at [Not applicable]
Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 31] (d) disciplinary action, including a disciplinary declaration. Not authorised —indicative only Subdivision 5 Other provisions about disciplinary action 31 Implementation of order An order about disciplinary action must not be implemented— (a) if an appeal about the disciplinary action is started— until after the determination or withdrawal of the appeal or 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. 32 Suspension (1) Where— (a) it appears on reasonable grounds to the commissioner that a fire service officer is liable to disciplinary action or is suspected of involvement in circumstances such that the proper and efficient discharge of the functions of QFES might be prejudiced if the officer’s services are continued; or (b) an officer is charged in Queensland with having committed an indictable offence or is charged elsewhere with having committed an offence which if it had been committed in Queensland would be an indictable offence; the officer may be suspended from duty by the commissioner. (2) A suspension may be lifted at any time by the commissioner. (3) An officer suspended from duty is not entitled to receive salary for any period during which the officer does not perform that duty, unless the commissioner otherwise determines. Current as at [Not applicable] Page 37
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 33] (4) An officer suspended from duty, who is not entitled to salary for the period of suspension and who resumes duty upon the lifting of the suspension, is entitled to receive a sum equivalent to the amount of salary payable had the officer not been suspended diminished by the amount of salary or fees (if any) to which the officer became entitled from any other source during the period of suspension, unless the commissioner otherwise determines. 33 Mode of dismissal or suspension (1) Dismissal or suspension must be effected in accordance with this Act and the principles of natural justice. (2) Dismissal or suspension is effected by giving the officer concerned a written notice signed by the commissioner. Part 4A Emergency Services Advisory Council 34 Establishment of council The Emergency Services Advisory Council is established. 35 Functions of council (1) The council’s function is to advise the Minister about the following matters— (a) the extent to which current service delivery by QFES— (i) meets community needs; and (ii) contributes to the achievement of the government’s desired outcomes for the community; and (iii) meets community expectations about the use of fire as a means of hazard reduction and sustainable land management; and (iv) impacts on the environment; Page 38 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 36] (b) preparing for, and responding to, fire in rural areas including the operation of rural fire brigades and the fire fighting or fire prevention function of emergency service units; (c) fire safety, fire prevention and the reduction of fire danger in rural areas; (d) using fire as a means of sustainable land management in rural areas; (e) the functions, capacity and capability of the department in 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 the department. (2) The council also has the functions given to it under the Ambulance Service Act 1991 and any other Act. 36 Membership of council (1) The council consists of not more than 16 members appointed by the Governor in Council. (2) A member may be appointed at any time. (3) Nominees for appointment to the council must be persons who the Minister considers are competent to assist the council to perform its functions. 37 Chairperson of council (1) The Governor in Council is to appoint a member as the chairperson of the council. (2) The chairperson is to preside at all council meetings at which the chairperson is present. Current as at [Not applicable] Page 39
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 38] (3) If the chairperson is not present at a council meeting, a member chosen by the members present at the meeting is to preside. (4) If appointed a member of the council, the following are not eligible to be appointed chairperson— (a) the commissioner; (b) the commissioner of the Queensland Ambulance Service; (c) a public service officer. 38 How appointments made (1) An appointment under section 36 or 37 is to be by gazette notice. (2) The appointment starts on the day the notice is published in the gazette or, if a later day is stated in the notice, the later day. (3) A person’s appointment as chairperson may be combined with the person’s appointment as a member of the council. 39 Term of office The term of office of a member is not to exceed 3 years. 40 Removal from office (1) The Governor in Council may remove a member from office at any time. (2) The removal takes effect on notice of the removal being given to the member by the Minister. (3) It is unnecessary for any reasons to be given for the removal. Page 40 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 41] 41 Quorum A quorum for the council is the number equal to one-half of the number of its members for the time being, and if one-half is not a whole number, the next higher whole number. 42 Conduct of business Subject to this part, the council may conduct its meetings and other business in the way it considers appropriate. 43 Minutes The council must keep minutes of its meetings. 44 Remuneration of members A member is entitled to be paid the fees and allowances decided by the Governor in Council. Part 6 Powers of authorised fire officers 52 Authorised fire officers (1) The commissioner may authorise a fire officer or fire officers belonging to a class of fire officer specified by the commissioner to exercise— (a) all the powers conferred by this Act on an authorised fire officer; or (b) any power or class of power conferred by this Act on an authorised fire officer. (2) A reference in this Act to an authorised fire officer is a reference to— (a) the commissioner; and Current as at [Not applicable] Page 41
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 53] (b) a fire officer authorised by the commissioner pursuant to this section. (3) A fire officer authorised by the commissioner immediately before the commencement of this section to exercise any power under this Act as an authorised fire officer is taken, on and from the commencement, to be authorised pursuant to this section. 53 Powers of authorised officer in dangerous situations (1) An authorised fire officer may take any reasonable measure— (a) to protect persons, property or the environment from danger or potential danger caused by a fire or a hazardous materials emergency; or (b) to protect persons trapped in any premises or otherwise endangered. (2) Without limiting the measures that may be taken for a purpose described in subsection (1), an authorised fire officer may for that purpose do any of the following— (a) enter any premises; (b) open any receptacle, using such force as is reasonably necessary; (c) bring any apparatus or equipment onto premises; (d) destroy, damage, remove or otherwise deal with any vegetation or any other material or substance, flammable or not flammable; (e) destroy (wholly or in part) or damage any premises or receptacle; (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 other source to obtain a greater pressure or supply or take water from any source whether natural or artificial; Page 42 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 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 premises or area; (j) require any person who, in the opinion of the authorised fire officer, is— (i) the occupier of premises, being the site of or near to the site of the danger; or (ii) in charge of anything that is the source of the danger or likely (in the opinion of the officer) to increase the danger; to take any reasonable measure for the purpose of assisting the officer to deal with the danger or answer any question or provide any information for that purpose; (k) require any person not to enter or remain within a specified area around the site of the danger; (l) remove from any place a person who fails to comply with an order given pursuant to paragraph (k) and use such force as is reasonably necessary for that purpose; (m) if unable to identify the person entitled to possession of property found at or near the site of the danger, take possession of the property and retain it for safe custody. (3) The owner of any building shored up pursuant to an exercise of the power conferred by subsection (2)(f) must pay to the commissioner upon demand all reasonable expenses thereby incurred and those expenses may be recovered in a court of competent jurisdiction as a debt due to the State. (4) A local government, other authority or a person supplying water or any source of energy is not liable for any interruption of supply caused by the exercise of the power conferred by subsection (2)(h) or (i). Current as at [Not applicable] Page 43
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 54] 54 Disposal of property (1) Any property retained for safe custody pursuant to section 53(2)(m) must, as soon as is practicable, be delivered into the possession of a person authorised by, or a person belonging to a class of person authorised by, the commissioner for the purposes of this section. (2) The authorised person— (a) must cause the property to be returned to the person the authorised person believes is entitled to possession of it; or (b) if unable to form such a belief, must dispose of or otherwise deal with the property in accordance with any code of practice or any direction given by the commissioner. (3) Subject to subsection (4), any dealing with property pursuant to subsection (2) does not affect the right of any person to recover the property by action from any person who has possession of it as a result of that dealing. (4) An action referred to in subsection (3) must be commenced within 6 months of the date on which the property was dealt with pursuant to subsection (2). 55 Powers of authorised fire officer for preventative or investigative purposes (1) At any time an authorised fire officer may enter any premises or open (using such force as is reasonably necessary) any receptacle for any of the following purposes— (a) to prevent, or reduce the likelihood of, the occurrence of a fire or a hazardous materials emergency; (b) to investigate whether or not fire safety measures and fire prevention measures, including the implementation of a fire safety management plan as required under part 9A, have been taken or are being maintained; (c) to ascertain the cause of a fire or hazardous materials emergency; Page 44 Current as at [Not applicable]
Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 55] Not authorised —indicative only (d) to ascertain whether any provision of this Act or any notice, notification, order (written or verbal) or permit given under this Act has been or is being complied with; (e) to ascertain whether a power conferred by this Act upon an authorised officer should be exercised, or to exercise a power under this Act. (2) The power of entry conferred by subsection (1) must not be exercised in respect of— (a) a building that is a dwelling or such part of a building as is 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 entry is made during or in the aftermath of a fire or hazardous materials emergency occurring at the dwelling, for the purpose of ascertaining its cause. (2A) However, subsection (2)(a) does not apply to a budget accommodation building if the entry is made to investigate whether the owner of the building is implementing a fire safety management plan. (3) An authorised fire officer who enters premises under this section may— (a) for subsection (1)(a)—burn, remove or otherwise deal with any vegetation or other material or substance whether 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 part of the premises or anything at the premises; or (iii) take a thing, or a sample of or from a thing, at the premises for analysis or testing; or (iv) copy a document at the premises; or (v) make inquiries or conduct surveys and tests; or Current as at [Not applicable] Page 45
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 56] (vi) take into or onto the premises any persons, equipment and materials the authorised fire officer reasonably requires for exercising a power under this part. 56 Extent of power of entry The right of entry conferred by section 53(2)(a) or 55— (a) includes the right to enter all parts of the premises for which the right is exercised; and (b) authorises the person exercising the right to use a reasonable degree of force to ensure the proper exercise of the right. 56A Power to seize evidence etc. An authorised fire officer who enters premises under section 55 may seize a thing at the premises if the authorised fire 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 offence against this Act; or (c) the seizure is necessary to prevent the thing being hidden, lost or destroyed; or (d) seizure of the thing is necessary for the purposes mentioned in section 55. 56B Powers supporting seizure (1) Having seized a thing, an authorised fire officer may— (a) move the thing from the premises where it was seized (the premises of seizure ); or (b) leave the thing at the premises of seizure but take reasonable action to restrict access to it. Page 46 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 56C] Examples of restricting access to a thing— sealing a thing and marking it to show access to it is restricted sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted (2) If an authorised fire officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an authorised fire officer’s approval. Maximum penalty—40 penalty units. (3) To enable a thing to be seized, an authorised fire officer may require the person in control of it— (a) to take it to a stated reasonable place by a stated reasonable time; and (b) if necessary, to remain in control of it at the stated place for 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, may be made orally and confirmed by notice in the approved form as soon as practicable. (5) The person must comply with the requirement unless the person has a reasonable excuse for not complying. Maximum penalty—40 penalty units. (6) A further requirement may be made under this section in relation to the same thing if it is necessary and reasonable to make the further requirement. 56C Receipt for seized things (1) As soon as practicable after an authorised fire officer seizes a thing, the authorised fire officer must give a receipt for it to the person from whom it was seized. Current as at [Not applicable] Page 47
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 56D] (2) However, if for any reason it is not practicable to comply with subsection (1), the authorised fire officer must leave the receipt in a conspicuous position and in a reasonably secure way at the premises of seizure. (3) The receipt must describe generally each thing seized and its condition. (4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt required by the section (given the thing’s nature, condition and value). 56D Forfeiture of seized things (1) A seized thing is forfeited to the State if the authorised fire officer 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 reasonable efforts. (2) Subsection (1)(a) does not require the authorised fire officer to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1)(b) does not require the authorised fire officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (3) In deciding whether and, if so, what inquiries and efforts are reasonable about a thing, regard must be had to the thing’s nature, condition and value. 56E Return of seized things (1) If a seized thing has not been forfeited, the authorised fire officer must return it to its owner at the end of— (a) 6 months; or (b) if a proceeding for an offence involving it is started within 6 months—the proceeding and any appeal from the proceeding. Page 48 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 56F] (2) Despite subsection (1), unless the thing has been forfeited, the authorised fire officer must immediately return a thing seized as evidence to its owner if the authorised fire officer stops being satisfied its continued retention as evidence is necessary. 56F Access to seized things (1) Until a seized thing is forfeited or returned, an authorised fire officer must allow its owner to inspect it and, if it is a document, to copy it. (2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. 57 Power 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 to reasonably suspect the person has just committed an offence against this Act; or (c) has information that leads the officer to reasonably suspect a person has committed an offence against this Act. (2) The authorised fire officer may require the person to state the person’s name and residential address. (3) When making the requirement, the authorised fire officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. (4) The authorised fire officer may require the person to give evidence of the correctness of the stated name or address if the authorised fire officer reasonably suspects the stated name or address is false. Current as at [Not applicable] Page 49
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 58A] (5) A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse. 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 and address by an authorised fire officer who suspected the person had just committed an offence against this Act; and (b) the person is not proved to have committed the offence. 58A Reasonable assistance to be provided (1) An authorised fire officer who enters any premises under this part may require any person having responsibilities in relation to the premises (whether as owner or occupier of the premises or as a person employed to work thereon or otherwise) to provide the officer with such facilities and assistance with respect to matters or things to which the person’s responsibilities extend as are reasonably necessary to enable the officer to exercise the powers conferred upon the authorised officer by this Act. (2) A person who is required to provide facilities and assistance to an authorised fire officer under subsection (1) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (3) It is not a reasonable excuse for the person to fail to comply with the requirement that complying with it might tend to incriminate the person. (4) However, if— (a) the person is an individual; and (b) the requirement is to give information or produce a document; Page 50 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 58B] evidence of, or evidence directly or indirectly derived from, the information or document that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence about the falsity or misleading nature of the information 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. 58B Power to inquire into fire or hazardous materials emergency (1) This section— (a) applies if an authorised fire officer becomes aware, or reasonably suspects, that a fire or hazardous materials emergency (the emergency ) has happened; and (b) applies for section 55 and for this Act generally. (2) The authorised fire officer may inquire into the circumstances and probable causes of the emergency. (3) The authorised fire officer may require a person who has knowledge, or whom the authorised fire officer reasonably suspects to have knowledge, of the circumstances of the emergency 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 in writing. (5) A person must comply with a requirement under subsection (3) unless the person has a reasonable excuse for not complying. Maximum penalty—10 penalty units. (6) If the requirement is to be complied with by a person who is an individual giving information or producing a document, other than a document required to be kept by the person under this Act, it is a reasonable excuse for the person to fail to Current as at [Not applicable] Page 51
Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 58C] comply with the requirement if complying with the requirement might tend to incriminate the person. Not authorised —indicative only 58C Power to require production of certain documents (1) An authorised fire officer may require a person to make available for inspection by an authorised fire officer, or produce to the authorised fire officer for inspection, at a reasonable time and place stated by the authorised fire officer— (a) a document issued to the person under this Act or required to be kept by the person under this Act; or (b) a document about the person’s obligations under this Act for fire safety, including about the maintenance of fire safety installations in a building or the fire safety systems for a building. (2) The person must comply with a requirement under subsection (1), unless the person has a reasonable excuse for not complying. Maximum penalty—10 penalty units. (3) If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement under subsection (1) if complying with the requirement might tend to 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 entry in the document, the authorised fire officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry. (6) The person responsible for keeping the document must comply with the requirement, unless the person has a reasonable excuse for not complying. Maximum penalty—20 penalty units. (7) The authorised fire officer must return the document to the person as soon as practicable after copying it. Page 52 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 58D] 58D Power to require information about identity of occupier (1) This section applies if a person alleges to an authorised fire officer, or an authorised fire officer reasonably suspects, a contravention of this Act or the Building Act 1975 , chapter 7 or 7A has been committed in relation to premises. (2) An authorised fire officer may require any of the following persons to give the authorised fire officer information that will identify 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 the information. (3) A person must comply with a requirement under subsection (2), unless the person has a reasonable excuse for not complying. Maximum penalty—20 penalty units. (4) If the person is an individual, it is a reasonable excuse for the person not to comply with a requirement under subsection (2) if complying with the requirement might tend to incriminate the person. 59 Person acting at direction of authorised fire officer Any power conferred upon an authorised fire officer may be exercised by any person acting at the direction of an authorised fire officer and any power so exercised is taken to have been exercised by an authorised fire officer. 60 Directions concerning exercise of powers The exercise of a power conferred by or under this part on an authorised fire officer or any other person must be in accordance with any direction given by the commissioner and with any code of practice. Current as at [Not applicable] Page 53
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 60A] 60A Decontamination (1) An authorised fire officer may ask a person the authorised fire officer is satisfied may be, is, or may have been affected by a chemical 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 officer to take the steps the authorised fire officer considers reasonably necessary to decontaminate the person, including, for example, asking the person to stay where the person is or to move to a stated place for the purpose. (4) The authorised fire officer may not direct another person to perform the decontamination. (5) In this section— decontaminate , in relation to a chemical substance, means make the chemical substance harmless. Part 6A Powers of investigation officers Division 1 Investigation officers 60B Appointment (1) The commissioner may appoint any of the following persons as an investigation officer— (a) a public service employee; (b) a fire service officer; (c) a person prescribed under a regulation. (2) However, the commissioner may appoint a person as an investigation officer only if the commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience. Page 54 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 60C] 60C Appointment conditions and limit on powers (1) An investigation officer holds office on any conditions stated in— (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 the investigation officer or a regulation may limit the officer’s powers under this Act. (3) In this section— signed notice means a notice signed by the commissioner. 60D When investigation officer ceases to hold office (1) An investigation officer ceases to hold office if any of the following happens— (a) the term of office stated in a condition of office ends; (b) under another condition of office, the officer ceases to hold office. (2) Subsection (1) does not limit the ways an investigation officer may cease to hold office. (3) In this section— condition of office means a condition on which the investigation officer holds office. 60E Functions of investigation officers An investigation officer has the function of investigating offences against this part and section 150B. 60F Issue of identity card (1) The commissioner must issue an identity card to each investigation officer. Current as at [Not applicable] Page 55
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 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 this Act; and (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes. 60G Production or display of identity card (1) In exercising a power under this part in relation to a person, an investigation officer must— (a) produce the officer’s identity card for the person’s inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the 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 the person’s inspection at the first reasonable opportunity. (3) For subsection (1), an investigation officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 60I(1)(b) or (2). 60H Return of identity card A person who ceases to be an investigation officer must return the person’s identity card to the commissioner within 21 days after ceasing to be an investigation officer unless the person has a reasonable excuse. Maximum penalty—10 penalty units. Page 56 Current as at [Not applicable]
Division 2 Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 60I] Powers of investigation officers Not authorised —indicative only 60I Power 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 open to the public. (2) For the purpose of asking the occupier of a place for consent to enter, an investigation officer may, without the occupier’s consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (3) In this section— public place means— (a) a place to which members of the public have access as of right, whether or not on payment of a fee and whether or not access to the place may be restricted at particular times or for particular purposes; or (b) a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public. 60J Entry with consent (1) This section applies if an investigation officer intends to ask an occupier of a place to consent to the officer or another investigation officer entering the place. (2) Before asking for the consent, the investigation officer must tell the occupier— (a) the purpose of the entry; and Current as at [Not applicable] Page 57
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 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 the occupier 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) the occupier gives the investigation officer consent to enter 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 investigation officer must immediately give a copy to the occupier. (6) If— (a) an issue arises in a proceeding about whether the occupier consented to the entry; and (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented. 60K General powers after entering places (1) This section applies to an investigation officer who enters a place. (2) However, if an investigation officer enters a place to get the occupier’s consent to enter a place, this section applies to the officer only if the consent is given or the entry is otherwise authorised. (3) For monitoring and enforcing compliance with this part or section 150B, the investigation officer may— Page 58 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 60L] (a) copy a document at the place or take the document to another place to copy it; or (b) require a person at the place, to give the officer reasonable help to exercise the officer’s powers under paragraph (a); or (c) require a person at the place, to answer questions by the officer to help the officer ascertain whether the person, or another person at the place, committed an offence against this Act. (4) When making a requirement mentioned in subsection (3)(b) or (c), the investigation officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. (5) If an investigation officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place. (6) To remove any doubt, it is declared that this section applies to an investigation officer who is also an authorised fire officer and enters a place for the purpose of exercising a power under part 6. (7) Also, the powers an investigation officer mentioned in subsection (6) has under this section are in addition to, and do not limit, any powers the officer may have under part 6. 60L Failure to help investigation officer (1) A person required to give reasonable help under section 60K(3)(b) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (2) It is a reasonable excuse for the person not to comply with the requirement because complying with the requirement might tend to incriminate the person. Current as at [Not applicable] Page 59
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 60M] 60M Failure to answer questions (1) A person of whom a requirement is made under section 60K(3)(c) must, unless the person has a reasonable excuse, comply with the requirement. Maximum penalty—10 penalty units. (2) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person. 60N Power to require name and address (1) This section applies if an investigation officer— (a) finds a person committing an offence against this part or section 150B; or (b) finds a person in circumstances that lead the officer to reasonably suspect the person has just committed an offence against this part or section 150B; or (c) has information that leads the officer to reasonably suspect a person has committed an offence against this part or section 150B. (2) The investigation officer may require the person to state the person’s name and residential address. (3) When making the requirement, the investigation officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. (4) The investigation officer may require the person to give the officer evidence of the correctness of the stated name or residential address if the officer reasonably suspects the stated name or address to be false. Page 60 Current as at [Not applicable]
Not authorised —indicative only Fire and Emergency Services Act 1990 Chapter 3 Queensland Fire and Emergency Service [s 60O] 60O Failure to give name or address (1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable 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 and residential address by an investigation officer who suspected the person had committed an offence against this Act; and (b) the person is not proved to have committed the offence against this Act. (3) In this section— personal details requirement means a requirement under section 60N(2) or (4). 60P False or misleading statements A person must not state anything to an investigation officer the person