QFD - Legislation Amendments

The ‘Independent Review of Queensland Fire and Emergency Services’ (the Review Report) made a range of recommendations for reform. Government accepted in principle all but one of those recommendations (rec 12).

Implementation of the Government’s response is being led by the Reform Implementation Taskforce (RIT), with Queensland Fire and Emergency Services and the Queensland Police Service (QPS) is working together to progress amendments to give effect to the response, including amendments to the Fire and Emergency Services Act 1990 (Act).

In November 2023, Minister Ryan introduced three Bills — the State Emergency Services Bill 2023, the Marine Rescue Queensland Bill 2023, and the Emergency Services Reform Amendment Bill 2023 — into the Parliament to establish the State Emergency Service and Marine Rescue Queensland, as services aligned with the QPS.

On 7 March 2024, Minister Boyd introduced the Disaster Management and Other Legislation Amendment Bill 2024 (the Bill) into the Parliament to progress the remaining amendments needed to implement Government responses to the Independent Review Report including, establishing Queensland Fire and Rescue (QFR) and Rural Fire Service Queensland (RFSQ) as separate services within the new Queensland Fire Department (QFD).

The Bill contains amendment to: give effect to a refocused QFD; support accountability and assurance; facilitate the efficient management of the services and brigades; and address issues associated with the legal status of brigades and protection of brigade members.

A draft Bill was shared with targeted stakeholders, including the Rural Fire Brigades Association Queensland, earlier this year seeking feedback. Feedback was considered by QFES, the RIT and Government and a number of changes were made to the draft Bill.

The Bill has now been introduced into the Queensland Parliament and referred to a Parliamentary Committee for examination and review. The Committee will invite submissions from all interested parties and may hold public hearings as part of its consideration of the Bill. The Committee will report back to Parliament and may support the Bill being passed in its current form or may recommend further changes be made to it.

Information about the Committee’s consideration of the Bill, including a timeline and the way in which submissions can be made can be viewed on the Queensland Parliament website.

Those interested can subscribe to receive the Committee’s email updates.

If any changes recommended by the Committee are accepted by Government, these will occur as part of the Bill’s debate in Parliament. It is proposed that the amendments in the Bill will commence on 1 July 2024, but this will be subject to further approval processes.

Snapshot of amendments within the Bill

• Renaming of the Act to the ‘Fire Services Act 1990’.
• Rural Fire Service Queensland (RFSQ) and Queensland Fire Rescue (QFR) are established as separate fire services under the newly formed Queensland Fire Department (QFD).
• Recognition of volunteers in supporting the delivery of fire and emergency services.
• Addressing issues regarding the legal status of brigades and volunteer protections.
• Commissioner is recognised as the responsible head of RFSQ and QFR.
• Setting out the Commissioner’s functions to ensure the efficient and effective management of the fire services.
• Chief Officer (CO) RFSQ role established with responsibility for the day-to-day management of RFSQ and rural fire brigades.
• RFSQ and QFR executive/senior officers will be required to possess certain experience and/or expertise for appointment.
• RFSQ functions are set out, including the management of fire wardens and fire permit system and rural fire brigades and bushfire prevention and response.
• Brigades embedded as part of RFSQ, with volunteers appointed by the Commissioner (all existing brigades and members deemed to transition automatically on commencement) to ensure better protections from liability for volunteers as well as consistency with appointment provisions in the State Emergency Services Bill 2023 and the Marine Rescue Queensland Bill 2023.
• An advisory body established to provide advice to the CO regarding the performance of the functions of RFSQ and administration and management of brigades.
• Brigades to operate under model rules noting additional brigade specific rules can be included.
• Officers of rural fire brigades that are elected (chairperson, secretary or treasurer) are recognised.
• Brigade activities such as education, fundraising, hazard reduction and assistance to the community during emergency and disaster events are recognised.
• Provisions to allow for another person (“person in charge”) to be in charge of operations for controlling and extinguishing a fire, or for controlling another incident, where there is no first officer or next senior officer available from the brigade.
• Fire warden appointments to be in writing, setting out any conditions of appointment and the area for which the warden can exercise powers.

Other matters

As is currently the case, the Commissioner may delegate powers and responsibilities included in the legislation.

While it will be the role of the Chief Officer, RFSQ to give effect to the Commissioner’s intent and manage the day to day running of the RFSQ, including supporting brigades, there will be some responsibilities that will need to be delegated to officers at the regional or district level.

Updates will be made to the Brigade Management Rules and relevant policy documents to ensure there is clarity regarding the operation of provisions.

Watch videos on the legislation and what it means for you at QFD Legislation | Queensland Fire and Emergency Services (qfes.qld.gov.au)