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Queensland
DISASTER MANAGEMENT
BILL 2003
Queensland
DISASTER MANAGEMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Objects
3 Main objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 How the objects are to be primarily achieved . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 3--Application
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Relationship to other Acts about particular declarations. . . . . . . . . . . . . . . . 13
7 Public Safety Preservation Act 1986, pt 3, not affected . . . . . . . . . . . . . . . . 14
8 Powers under this Act and other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
9 Directions about powers under other Acts during disaster situation . . . . . . . 14
10 Limit on application of Act in particular circumstances . . . . . . . . . . . . . . . . 15
Division 4--Interpretation
Subdivision 1--Dictionary and notes in text
11 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Notes in text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 2--Particular definitions
13 Meaning of "disaster" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
14 Meaning of "disaster management" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Meaning of "disaster operations" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Meaning of "event" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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Disaster Management Bill 2003
PART 2--DISASTER MANAGEMENT GROUPS AND
COMMITTEES
Division 1--State disaster management group
Subdivision 1--Establishment and functions
17 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Subdivision 2--Membership
19 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Functions of executive officer of State group . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--District disaster management groups
Subdivision 1--Establishment and functions
22 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Subdivision 2--Membership
24 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 District disaster coordinator and deputy chairperson . . . . . . . . . . . . . . . . . . 23
26 Functions of district disaster coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
27 Executive officer of district group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
28 Functions of executive officer of district group. . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Local government disaster management groups
Subdivision 1--Establishment and functions
29 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 2--Application of sections 29 and 30 in particular
circumstances
31 Local governments may combine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Application of ss 29 and 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Subdivision 3--Membership
33 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Chairperson and deputy chairperson of local group . . . . . . . . . . . . . . . . . . . 27
35 Executive officer of local group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
36 Function of executive officer of local group . . . . . . . . . . . . . . . . . . . . . . . . . 27
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Disaster Management Bill 2003
37 Notice about membership of local group . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 4--Business and meetings for disaster management groups
38 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
39 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
40 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
41 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
42 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
43 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 5--Annual report, and directions about functions
Subdivision 1--Annual report
44 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Subdivision 2--Directions about functions
45 Minister may give directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46 Chairperson of State group may give directions . . . . . . . . . . . . . . . . . . . . . . 30
47 District disaster coordinator may give directions . . . . . . . . . . . . . . . . . . . . . 30
Division 6--Committees for disaster management groups
48 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 3--DISASTER MANAGEMENT PLANS AND GUIDELINES
Division 1--State disaster management plan
49 State plan for disaster management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
50 Requirements of plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
51 Reviewing and renewing plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
52 Plan to be available for inspection etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Disaster management plans for disaster districts
53 Plan for disaster management in disaster district . . . . . . . . . . . . . . . . . . . . . 33
54 Requirements of plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
55 Reviewing and renewing plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
56 Plan to be available for inspection etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 3--Disaster management plans for local governments
Subdivision 1--Disaster management plans
57 Plan for disaster management in local government area . . . . . . . . . . . . . . . . 34
58 Requirements of plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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Disaster Management Bill 2003
59 Reviewing and renewing plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
60 Plan to be available for inspection etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 2--Application of subdivision 1 in particular circumstances
61 Local governments may combine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
62 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 4--Guidelines
63 Guidelines about disaster management plans . . . . . . . . . . . . . . . . . . . . . . . . 36
PART 4--PROVISIONS FOR DECLARATIONS OF DISASTER
SITUATION
Division 1--Declarations
Subdivision 1--Declaration of disaster situation by district disaster
coordinator
64 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
65 Form and notice of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
66 Duration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 Extending disaster situation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
68 Ending disaster situation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 2--Declaration of disaster situation by Minister and
Premier
69 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
70 Form and notice of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
71 Duration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
72 Extending disaster situation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
73 Ending disaster situation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2--Authorising persons, and powers, for disaster situations
Subdivision 1--Preliminary
74 Application of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 2--Authorising persons to exercise declared disaster powers
75 Authorisation for disaster situation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Subdivision 3--Powers of district disaster coordinators and declared
disaster officers
76 General provision about powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
77 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
78 Power to give direction about property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
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Disaster Management Bill 2003
79 Requirements for direction about property . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 5--FUNCTIONS OF LOCAL GOVERNMENTS
80 Functions of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 6--STATE EMERGENCY SERVICE
Division 1--Establishment and functions
81 Establishment of SES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
82 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 2--Responsibilities of chief executive for the SES
83 Responsibilities of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 3--Membership
84 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
85 Local controller of SES unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
86 Function of local controller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 4--Functions of SES units
87 Functions of SES unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
88 Notice of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 7--EMERGENCY SERVICE UNITS
Division 1--Establishment and functions
89 Establishment of ES units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
90 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
91 Notice of functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 2--Responsibilities of chief executive for ES units
92 Responsibilities of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 3--Membership
93 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
94 ES unit coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
95 Function of ES unit coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 4--Matters about ES units with function of fire fighting or fire
prevention
96 Application of div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
97 Appointment of fire coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
98 Powers of fire coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
99 Particular ESU members subject to direction . . . . . . . . . . . . . . . . . . . . . . . . 54
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PART 8--AUTHORISED RESCUE OFFICERS
Division 1--Appointment
100 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
101 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 55
102 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
103 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
104 When authorised rescue officer stops holding office. . . . . . . . . . . . . . . . . . . 56
105 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
106 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 2--Powers of authorised rescue officers
107 General provision about powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
108 Provision about power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
109 Exercise of powers subject to direction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
PART 9--AUTHORISING PERSONS TO EXERCISE RESCUE
POWERS IN PARTICULAR CIRCUMSTANCES
Division 1--Authorising persons to exercise rescue powers
110 Authorising persons to exercise rescue powers. . . . . . . . . . . . . . . . . . . . . . . 58
Division 2--Powers of persons authorised under division 1
111 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
112 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
PART 10--OFFENCE PROVISIONS
Division 1--Preliminary
113 Definition for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 2--Offences
114 Impersonation of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
115 Obstruction of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
116 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
117 Failure to help particular persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
118 Using names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
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PART 11--PROVISIONS ABOUT COMPENSATION AND
POLICIES OF INSURANCE
Division 1--Compensation
Subdivision 1--Preliminary
119 Entitlement to compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
120 When compensation is not payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Subdivision 2--Application and decision about compensation
121 Applying for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
122 Lapsing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
123 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
124 Notice about decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Subdivision 3--Appeals
125 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
126 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
127 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
128 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
129 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 2--Policies of insurance
130 Extension of policy of insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 12--LEGAL PROCEEDINGS
Division 1--Evidence
131 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
132 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
133 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
134 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 2--Offence proceedings
135 Summary proceedings for offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
136 Statement of complainant's knowledge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
PART 13--MISCELLANEOUS
Division 1--Codes of practice for SES units and ES units
137 Making code of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
138 Availability of code of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
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Division 2--Other matters
139 Warning device or lights on SES or ES vehicle . . . . . . . . . . . . . . . . . . . . . . 71
140 Exemption from toll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
141 Protection of employment rights of SES and ESU members . . . . . . . . . . . . 72
142 Chief executive to insure particular persons . . . . . . . . . . . . . . . . . . . . . . . . . 72
143 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
144 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
145 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
146 Arrangements for identification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
147 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
148 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
PART 14--REPEAL AND TRANSITIONAL PROVISIONS
Division 1--Repeal
149 Repeal of State Counter-Disaster Organisation Act 1975 . . . . . . . . . . . . . . . 75
Division 2--Transitional provisions
Subdivision 1--Preliminary
150 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Subdivision 2--Transitional references
151 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
152 References to former SES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Subdivision 3--Other transitional provisions
153 Members of central control group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
154 Chairperson of central control group. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
155 Executive officer of central control group . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
156 Members of former SES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
157 Authorised officers under the repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . 77
158 Former disaster districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
159 Disaster district coordinators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
160 Other members of former control groups . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
161 Particular local governments under the repealed Act . . . . . . . . . . . . . . . . . . 78
162 Provision about declaration under the repealed Act . . . . . . . . . . . . . . . . . . . 78
163 Compensation for exercise of powers under the repealed Act . . . . . . . . . . . 79
9
Disaster Management Bill 2003
164 Application for compensation under the repealed Act . . . . . . . . . . . . . . . . . 79
165 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
PART 15--AMENDMENTS
Division 1--Amendment of Fire and Rescue Service Act 1990
166 Act amended in div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
167 Amendment of s 35 (Functions of council). . . . . . . . . . . . . . . . . . . . . . . . . . 80
168 Replacement of pt 5 (The Rural Fire Council) . . . . . . . . . . . . . . . . . . . . . . . 80
171 Amendment of sch 6 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 2--Amendment of Industrial Relations Act 1999
172 Act amended in div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
173 Amendment of s 73 (When is a dismissal unfair) . . . . . . . . . . . . . . . . . . . . . 85
Division 3--Consequential amendments
174 Amendments in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 86
CONSEQUENTIAL AMENDMENTS
ENVIRONMENTAL PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . . . 86
FIRE AND RESCUE SERVICE ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . 86
POLICE POWERS AND RESPONSIBILITIES ACT 2000. . . . . . . . . . . . . 87
PUBLIC SAFETY PRESERVATION ACT 1986 . . . . . . . . . . . . . . . . . . . . . 88
WORKERS' COMPENSATION AND REHABILITATION ACT 2003 . . . 89
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 91
DICTIONARY
2003
A BILL
FOR
An Act to provide for matters relating to disaster management in the
State, and for other purposes
s1 12 s4
Disaster Management Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Disaster Management Act 2003. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Division 2--Objects 8
3 Main objects of Act 9
The main objects of this Act are as follows-- 10
(a) to help communities-- 11
(i) mitigate the potential adverse effects of an event; and 12
(ii) prepare for managing the effects of an event; and 13
(iii) effectively respond to, and recover from, a disaster or an 14
emergency situation; 15
(b) to provide for effective disaster management for the State; 16
(c) to establish a framework for the management of the State 17
Emergency Service and emergency service units to ensure the 18
effective performance of their functions. 19
4 How the objects are to be primarily achieved 20
The objects are to be achieved primarily by making provision about the 21
following-- 22
s5 13 s6
Disaster Management Bill 2003
(a) establishing disaster management groups for the State, disaster 1
districts and local government areas; 2
(b) preparing disaster management plans and guidelines; 3
(c) ensuring communities receive appropriate information about 4
preparing for, responding to and recovering from a disaster; 5
(d) declaring a disaster situation; 6
(e) establishing the State Emergency Service and emergency service 7
units; 8
(f) ensuring the State Emergency Service and emergency service 9
units can effectively perform their functions. 10
Division 3--Application 11
5 Act binds all persons 12
(1) This Act binds all persons including the State and, as far as the 13
legislative power of the Parliament permits, the Commonwealth and the 14
other States. 15
(2) Subsection (1) does not make the State, the Commonwealth or 16
another State liable for an offence. 17
6 Relationship to other Acts about particular declarations 18
(1) Nothing in this Act prevents a person declaring an emergency under 19
another Act. 20
21
Examples of other Acts--
22
· Public Safety Preservation Act 1986
23
· State Transport Act 1938.
(2) However, the existence of a declaration mentioned in subsection (1) 24
does not prevent the declaration of a disaster situation under this Act. 25
s7 14 s9
Disaster Management Bill 2003
7 Public Safety Preservation Act 1986, pt 3, not affected 1
This Act is in addition to, and does not limit, the Public Safety 2
Preservation Act 1986, part 3.1 3
8 Powers under this Act and other Acts 4
(1) This section applies to a person exercising declared disaster powers 5
or rescue powers under this Act. 6
7
Examples of persons who may be exercising the powers--
8
· an ambulance officer under the Ambulance Service Act 1991
9
· a fire officer under the Fire Act
10
· a police officer under the Police Service Administration Act 1990.
(2) The declared disaster powers and rescue powers are in addition to 11
and do not limit the powers the person may have under another Act. 12
9 Directions about powers under other Acts during disaster 13
situation 14
(1) This section applies if there is a disaster situation. 15
(2) The chairperson of the State group, or a relevant district disaster 16
coordinator for the disaster situation, may give directions about the 17
circumstances in which a power under another Act may be exercised during 18
the period of the disaster situation. 19
(3) However, the chairperson or relevant district disaster coordinator 20
must not give directions about the way in which the power may be 21
exercised. 22
(4) A direction under subsection (2) may be given-- 23
(a) only to the person who may exercise the power under the other 24
Act; and 25
(b) only if it is necessary for effective management of the disaster for 26
which the disaster situation is declared. 27
1 Public Safety Preservation Act 1986, part 3 (Chemical, biological and radiological
emergencies)
s 10 15 s 10
Disaster Management Bill 2003
1
Examples--
2
· The chairperson of the State group may direct an authorised person under the
3
Environmental Protection Act 1994 to delay exercising particular powers until the
4
chairperson considers it is appropriate in the circumstances for the powers to be
5
exercised.
6
· If the disaster situation involves an outbreak of an exotic disease, the chairperson
7
of the State group may direct an inspector under the Exotic Diseases in Animals
8
Act 1981 to delay exercising particular powers until the chairperson considers it is
9
appropriate in the circumstances for the powers to be exercised.
(5) Also, a direction under subsection (2)-- 10
(a) may be general or limited to a particular class of persons; and 11
(b) may be given on conditions. 12
(6) Before giving a direction under subsection (2) about the exercise of a 13
power under another Act, the chairperson or relevant district disaster 14
coordinator must take reasonable steps to consult with the chief executive 15
of the department or other agency in which the Act is administered. 16
(7) A failure to consult under subsection (6) does not affect the validity 17
of the direction. 18
(8) Subsection (2) does not apply to the Police Powers and 19
Responsibilities Act 2000 or CBR emergency powers under the Public 20
Safety Preservation Act 1986.2 21
10 Limit on application of Act in particular circumstances 22
This Act does not authorise anyone to do, or make preparations to do, 23
any of the following-- 24
(a) engage in armed combat against an enemy; 25
(b) put down a riot or other civil disturbance; 26
(c) end a strike or lock-out. 27
2 Public Safety Preservation Act 1986, schedule--
"CBR emergency powers" means powers available to the CBRE coordinator or
emergency responders under part 3.
s 11 16 s 15
Disaster Management Bill 2003
Division 4--Interpretation 1
Subdivision 1--Dictionary and notes in text 2
11 Definitions 3
The dictionary in schedule 2 defines particular words used in this Act. 4
12 Notes in text 5
A note in the text of this Act is part of this Act. 6
Subdivision 2--Particular definitions 7
13 Meaning of "disaster" 8
(1) A "disaster" is a serious disruption in a community, caused by the 9
impact of an event, that requires a significant coordinated response by the 10
State and other entities to help the community recover from the disruption. 11
(2) In this section-- 12
"serious disruption" means-- 13
(a) loss of human life, or illness or injury to humans; or 14
(b) widespread or severe property loss or damage; or 15
(c) widespread or severe damage to the environment. 16
14 Meaning of "disaster management" 17
"Disaster management" means arrangements about managing the 18
potential adverse effects of an event, including, for example, arrangements 19
for mitigating, preventing, preparing for, responding to and recovering 20
from a disaster. 21
15 Meaning of "disaster operations" 22
"Disaster operations" means activities undertaken before, during or 23
after an event happens to help reduce loss of human life, illness or injury to 24
s 16 17 s 17
Disaster Management Bill 2003
humans, property loss or damage, or damage to the environment, including, 1
for example, activities to mitigate the adverse effects of the event. 2
16 Meaning of "event" 3
(1) An "event" means any of the following-- 4
(a) a cyclone, earthquake, flood, storm, storm tide, tornado, tsunami, 5
volcanic eruption or other natural happening; 6
(b) an explosion or fire, a chemical, fuel or oil spill, or a gas leak; 7
(c) an infestation, plague or epidemic; 8
9
Example of an epidemic--
10
a prevalence of foot-and-mouth disease
(d) a failure of, or disruption to, an essential service or 11
infrastructure; 12
(e) an attack against the State; 13
(f) another event similar to an event mentioned in paragraphs (a) 14
to (e). 15
(2) An "event" may be natural or caused by human acts or omissions. 16
PART 2--DISASTER MANAGEMENT GROUPS AND 17
COMMITTEES 18
Division 1--State disaster management group 19
Subdivision 1--Establishment and functions 20
17 Establishment 21
The State Disaster Management Group (the "State group") is 22
established. 23
s 18 18 s 19
Disaster Management Bill 2003
18 Functions 1
The State group has the following functions-- 2
(a) to develop a strategic policy framework for disaster management 3
for the State; 4
(b) to ensure effective disaster management is developed and 5
implemented for the State; 6
(c) to ensure arrangements between the State and the 7
Commonwealth about matters relating to effective disaster 8
management are established and maintained; 9
(d) to identify resources, in and outside the State, that may be used 10
for disaster operations; 11
(e) to provide reports and make recommendations to the Minister 12
about matters relating to disaster management and disaster 13
operations; 14
(f) to prepare, under section 49, the State disaster management plan; 15
(g) to perform other functions given to the group under this or 16
another Act; 17
(h) to perform a function incidental to a function mentioned in 18
paragraphs (a) to (g). 19
Subdivision 2--Membership 20
19 Membership 21
(1) The State group consists of the following members-- 22
(a) the chief executive of the department; 23
(b) a number of persons, each being the chief executive of another 24
department; 25
(c) an appropriately qualified officer of the department. 26
(2) The members mentioned in subsection (1)(b) or (c) are to be 27
appointed by the Governor in Council. 28
(3) The member mentioned in subsection (1)(c) is the executive officer 29
of the group. 30
s 20 19 s 21
Disaster Management Bill 2003
(4) In this section-- 1
"appropriately qualified" includes having the qualifications, experience 2
or standing appropriate to perform the functions of the executive 3
officer of the State group. 4
5
Example of standing--
6
a person's classification level in the public service
20 Chairperson and deputy chairperson 7
(1) The Governor in Council is to appoint-- 8
(a) a member as the chairperson of the State group; and 9
(b) a member as the deputy chairperson of the group. 10
(2) A person may be appointed as the chairperson or deputy chairperson 11
only if the person is a member mentioned in section 19(1)(a) or (b). 12
(3) A person may be appointed as the chairperson or deputy chairperson 13
at the same time the person is appointed as a member. 14
(4) The deputy chairperson is to act as chairperson-- 15
(a) during a vacancy in the office of chairperson; and 16
(b) during all periods when the chairperson is absent from duty or 17
for another reason can not perform the functions of the office. 18
21 Functions of executive officer of State group 19
The executive officer of the State group has the following functions-- 20
(a) to regularly review and assess the effectiveness of disaster 21
management by the State, including the State disaster 22
management plan; 23
(b) to regularly review and assess the effectiveness of disaster 24
management by district groups and local groups; 25
(c) to establish and maintain arrangements between the State and the 26
Commonwealth about matters relating to effective disaster 27
management; 28
(d) to ensure that disaster management and disaster operations in the 29
State are consistent with the group's strategic policy framework 30
for disaster management for the State; 31
s 22 20 s 23
Disaster Management Bill 2003
(e) to manage and coordinate the business of the group; 1
(f) to coordinate State and Commonwealth assistance for disaster 2
management and disaster operations; 3
(g) to ensure that persons performing functions under this Act in 4
relation to disaster operations are appropriately trained; 5
(h) to appoint, under section 27, the executive officers of district 6
groups; 7
(i) to regularly report to the group about the performance of the 8
executive officer's functions under paragraphs (a) to (h); 9
(j) to support the group in the performance of its functions. 10
Division 2--District disaster management groups 11
Subdivision 1--Establishment and functions 12
22 Establishment 13
A District Disaster Management Group (a "district group") is 14
established for each disaster district. 15
23 Functions 16
A district group has the following functions for the disaster district for 17
which it is established-- 18
(a) to ensure that disaster management and disaster operations in the 19
district are consistent with the State group's strategic policy 20
framework for disaster management for the State; 21
(b) to develop effective disaster management for the district, 22
including a district disaster management plan, and regularly 23
review and assess that disaster management; 24
(c) to provide reports and make recommendations to the State group 25
about matters relating to disaster management and disaster 26
operations in the district; 27
(d) to regularly review and assess the disaster management of local 28
groups in the district; 29
s 24 21 s 24
Disaster Management Bill 2003
(e) to ensure that any relevant decisions and policies made by the 1
State group are incorporated in its disaster management, and the 2
disaster management of local groups in the district; 3
(f) to ensure the community is aware of ways of mitigating the 4
adverse effects of an event, and preparing for, responding to and 5
recovering from a disaster; 6
(g) to coordinate the provision of State resources and services 7
provided to support local groups in the district; 8
(h) to identify resources that may be used for disaster operations in 9
the district; 10
(i) to make plans for the allocation, and coordination of the use, of 11
resources mentioned in paragraph (h); 12
(j) to establish and review communications systems in the group, 13
and with and between local groups in the district, for use when a 14
disaster happens; 15
(k) to ensure information about an event or a disaster in the district is 16
promptly given to the State group and each local group in the 17
district; 18
(l) to prepare, under section 53, a district disaster management plan; 19
(m) to perform other functions given to the group under this Act; 20
(n) to perform a function incidental to a function mentioned in 21
paragraphs (a) to (m). 22
Subdivision 2--Membership 23
24 Membership 24
(1) A district group consists of the following members-- 25
(a) the person appointed as the district disaster coordinator of the 26
district group under section 25(1)(a); 27
(b) the person appointed as the deputy chairperson of the district 28
group under section 25(1)(b); 29
(c) a person appointed by-- 30
(i) if there is 1 local government only in the disaster district for 31
the district group--the local government; or 32
s 24 22 s 24
Disaster Management Bill 2003
(ii) if there are 2 or more local governments in the disaster 1
district and none of the local governments unite under 2
section 313--each local government; or 3
(iii) if there are 2 or more local governments in the disaster 4
district and all the local governments unite under 5
section 31--each combined local government; or 6
(iv) if there are 3 or more local governments in the disaster 7
district and not all the local governments unite under 8
section 31-- 9
(A) each local government that does not unite; and 10
(B) each combined local government; 11
(d) a number of persons, each of whom represents a department the 12
executive officer of the State group considers appropriate to be 13
represented on the group, having regard to effective disaster 14
management for the disaster district; 15
(e) any other person appointed by the executive officer of the State 16
group that the executive officer considers appropriate to be a 17
member of the district group, having regard to effective disaster 18
management for the disaster district. 19
(2) Under subsection (1)(c)(ii), (iii) and (iv), each local government or 20
combined local government is to appoint a separate person. 21
(3) The members mentioned in subsection (1)(d) are to be appointed by 22
the chief executive of the department the member represents. 23
(4) In considering the departments that are appropriate to be represented 24
on a district group, the executive officer of the State group must consult 25
with the district disaster coordinator for the disaster district. 26
(5) Before appointing a person under subsection (1)(e), the executive 27
officer of the State group must consult with the district disaster coordinator 28
for the disaster district. 29
(6) As soon as practicable after a local government or a combined local 30
government appoints a person under subsection (1)(c), the local 31
government or combined local government must inform the executive 32
officer of the State group, and the district disaster coordinator of the district 33
group, of the appointment. 34
3 Section 31 (Local governments may combine)
s 25 23 s 27
Disaster Management Bill 2003
(7) As soon as practicable after a chief executive appoints a person under 1
subsection (3), the chief executive must inform the executive officer of the 2
State group, and the district disaster coordinator of the district group, of the 3
appointment. 4
25 District disaster coordinator and deputy chairperson 5
(1) The Governor in Council is to appoint-- 6
(a) a person as the district disaster coordinator of a district group; 7
and 8
9
Note--
10
Under subsection (3), the district disaster coordinator of a district group is
11
also the chairperson of the group.
(b) a person as the deputy chairperson of a district group. 12
(2) The Minister may recommend to the Governor in Council a person 13
for appointment as a district disaster coordinator only if satisfied the person 14
has the necessary expertise or experience to perform the functions, and 15
exercise the powers, of a district disaster coordinator. 16
(3) The district disaster coordinator of a district group is the chairperson 17
of the group. 18
26 Functions of district disaster coordinator 19
The district disaster coordinator of a district group has the following 20
functions-- 21
(a) to manage and coordinate the business of the group; 22
(b) to ensure, as far as practicable, that the group performs its 23
functions; 24
(c) to coordinate disaster operations in the disaster district for the 25
group; 26
(d) to regularly report to the State group about the performance by 27
the district group of its functions. 28
27 Executive officer of district group 29
(1) The executive officer of the State group is to appoint a member of a 30
district group as the executive officer of the district group. 31
s 28 24 s 29
Disaster Management Bill 2003
(2) The executive officer of the State group may appoint a person under 1
subsection (1) only if satisfied the person has the necessary expertise or 2
experience to perform the functions of the executive officer of the district 3
group. 4
(3) Before appointing a person under subsection (1), the executive 5
officer of the State group must consult with the district disaster coordinator 6
of the district group. 7
28 Functions of executive officer of district group 8
The executive officer of a district group has the following functions-- 9
(a) to advise the group and district disaster coordinator of the group 10
about matters relating to disaster management that are relevant to 11
the disaster district for the group; 12
(b) to advise and provide other support services to the group or a 13
local group to facilitate disaster management in the district; 14
(c) to regularly review and assess the district disaster management 15
plan and local disaster management plans for the district, and 16
ensure the plans are consistent with any relevant disaster 17
management guidelines; 18
(d) to advise the district disaster coordinator of the group during 19
disaster operations; 20
(e) to regularly report to the group about the performance of the 21
executive officer's functions under paragraphs (a) to (d). 22
Division 3--Local government disaster management groups 23
Subdivision 1--Establishment and functions 24
29 Establishment 25
A local government must establish a Local Disaster Management Group 26
(a "local group") for the local government's area. 27
s 30 25 s 30
Disaster Management Bill 2003
30 Functions 1
(1) A local group has the following functions for its area-- 2
(a) to ensure that disaster management and disaster operations in the 3
area are consistent with the State group's strategic policy 4
framework for disaster management for the State; 5
(b) to develop effective disaster management, and regularly review 6
and assess the disaster management; 7
(c) to help the local government for its area to prepare a local 8
disaster management plan; 9
(d) to identify, and provide advice to the relevant district group 10
about, support services required by the local group to facilitate 11
disaster management and disaster operations in the area; 12
(e) to ensure the community is aware of ways of mitigating the 13
adverse effects of an event, and preparing for, responding to and 14
recovering from a disaster; 15
(f) to manage disaster operations in the area under policies and 16
procedures decided by the State group; 17
(g) to provide reports and make recommendations to the relevant 18
district group about matters relating to disaster operations; 19
(h) to identify, and coordinate the use of, resources that may be used 20
for disaster operations in the area; 21
(i) to establish and review communications systems in the group, 22
and with the relevant district group and other local groups in the 23
disaster district of the relevant district group, for use when a 24
disaster happens; 25
(j) to ensure information about a disaster in the area is promptly 26
given to the relevant district group; 27
(k) to perform other functions given to the group under this Act; 28
(l) to perform a function incidental to a function mentioned in 29
paragraphs (a) to (k). 30
(2) In this section-- 31
"relevant district group", for a local group, means the district group for 32
the disaster district in which the area of the local group is situated. 33
s 31 26 s 33
Disaster Management Bill 2003
Subdivision 2--Application of sections 29 and 30 in particular 1
circumstances 2
31 Local governments may combine 3
Despite section 29, 2 or more local governments (the "combined local 4
government") may, with the approval of the Minister and the district 5
disaster coordinator for the disaster district in which the local governments 6
are situated, agree to unite for the purpose of establishing a local group. 7
32 Application of ss 29 and 30 8
(1) This section applies if 2 or more local governments agree as 9
mentioned in section 31. 10
(2) Sections 29 and 30 apply to the combined local government and local 11
group as if-- 12
(a) a reference to a local government were a reference to a combined 13
local government; and 14
(b) a reference to the local government's area or the local group's 15
area were a reference to the area of the combined local 16
government. 17
Subdivision 3--Membership 18
33 Membership 19
(1) A local group consists of the persons appointed as members of the 20
group by the relevant local government for the group. 21
(2) At least 1 person appointed under subsection (1) must be a councillor 22
of a local government. 23
(3) The relevant local government for a local group may appoint a person 24
as a member only if satisfied the person has the necessary expertise or 25
experience to be a member. 26
s 34 27 s 39
Disaster Management Bill 2003
34 Chairperson and deputy chairperson of local group 1
(1) The relevant local government for a local group is to appoint-- 2
(a) a member of the group as the chairperson of the group; and 3
(b) a member of the group as the deputy chairperson of the group. 4
(2) The member appointed as the chairperson must be a councillor of a 5
local government. 6
35 Executive officer of local group 7
The relevant local government for a local group is to appoint a member 8
of the group as the executive officer of the group. 9
36 Function of executive officer of local group 10
The function of the executive officer of a local group is to help the group 11
to manage and coordinate its business. 12
37 Notice about membership of local group 13
The relevant local government for a local group must, at least once a 14
year, give written notice of the members of the group to-- 15
(a) the executive officer of the State group; and 16
(b) the district disaster coordinator for the disaster district in which 17
the local group is situated. 18
Division 4--Business and meetings for disaster management groups 19
38 Conduct of business 20
Subject to this division, a disaster management group may conduct its 21
business, including its meetings, in the way it considers appropriate. 22
39 Times and places of meetings 23
(1) Disaster management group meetings must be held at least once in 24
every 6 months at the times and places decided by the chairperson of the 25
group. 26
s 40 28 s 41
Disaster Management Bill 2003
(2) However, the chairperson of the State group must call a meeting if 1
asked, in writing, to do so by the Minister or at least one-half of its 2
members. 3
(3) Also, the chairperson of a district group must call a meeting if asked, 4
in writing, to do so by the chairperson of the State group or at least one-half 5
of the members of the district group. 6
(4) In addition, the chairperson of a local group must call a meeting if 7
asked, in writing, to do so by-- 8
(a) the district disaster coordinator for the disaster district in which 9
the local group is situated; or 10
(b) at least one-half of the members of the local group. 11
40 Quorum 12
A quorum for a meeting of a disaster management group is the number 13
equal to-- 14
(a) one-half of its members for the time being holding office plus 1; 15
or 16
(b) if one-half of its members for the time being holding office is not 17
a whole number, the next highest whole number. 18
41 Presiding at meetings 19
(1) The chairperson of a disaster management group is to preside at all 20
meetings of the group at which the chairperson is present. 21
(2) If the chairperson is absent from a meeting of the group, but the 22
deputy chairperson is present, the deputy chairperson is to preside. 23
(3) If the chairperson and deputy chairperson are both absent from a 24
meeting of the group-- 25
(a) the member of the group nominated by the chairperson is to 26
preside; or 27
(b) if the chairperson does not nominate a member under 28
paragraph (a)--the member nominated by the deputy 29
chairperson is to preside. 30
(4) If the offices of chairperson and deputy chairperson are vacant, the 31
member of the group chosen by the members present is to preside. 32
s 42 29 s 44
Disaster Management Bill 2003
42 Conduct of meetings 1
(1) A disaster management group may hold meetings, or allow members 2
of the group to take part in its meetings, by using any technology that 3
reasonably allows members to hear and take part in discussions as they 4
happen. 5
6
Example of use of technology--
7
teleconferencing
(2) A member who takes part in a meeting of a disaster management 8
group under subsection (1) is taken to be present at the meeting. 9
(3) A resolution is validly made by a disaster management group, even if 10
it is not passed at a meeting of the group, if-- 11
(a) a majority of the members of the group gives written agreement 12
to the resolution; and 13
(b) notice of the resolution is given under procedures approved by 14
the group. 15
43 Minutes 16
A disaster management group must keep minutes of its meetings. 17
Division 5--Annual report, and directions about functions 18
Subdivision 1--Annual report 19
44 Annual report 20
(1) As soon as practicable after the end of each financial year, the State 21
group must prepare and give to the Minister a written report about disaster 22
management in the State. 23
(2) The report must include the following-- 24
(a) information about activities undertaken during the financial year 25
to maintain or enhance the State's disaster management; 26
(b) details of disaster operations performed during the financial year; 27
(c) information about priorities for disaster management; 28
s 45 30 s 47
Disaster Management Bill 2003
(d) other matters about disaster management the Minister considers 1
appropriate. 2
Subdivision 2--Directions about functions 3
45 Minister may give directions 4
(1) The Minister may give the State group a written direction about the 5
performance of its functions if satisfied it is necessary to give the direction 6
to ensure the functions are performed appropriately. 7
(2) The group must comply with the direction. 8
(3) However, before giving the direction, the Minister must consult with 9
the chairperson of the group. 10
46 Chairperson of State group may give directions 11
(1) The chairperson of the State group may give a district group a written 12
direction about the performance of the district group's functions if satisfied 13
it is necessary to give the direction to ensure the functions are performed 14
appropriately. 15
(2) The district group must comply with the direction. 16
(3) However, before giving the direction, the chairperson must consult 17
with the district disaster coordinator of the district group. 18
47 District disaster coordinator may give directions 19
(1) A district disaster coordinator for a disaster district may give a local 20
group in the district a written direction about the performance of the 21
group's functions if satisfied it is necessary to give the direction to ensure 22
the functions are performed appropriately. 23
(2) The group must comply with the direction. 24
(3) However, before giving the direction, the district disaster coordinator 25
must consult with the chairperson of the local group. 26
s 48 31 s 49
Disaster Management Bill 2003
Division 6--Committees for disaster management groups 1
48 Committees 2
(1) The Minister may establish committees to perform any of the 3
following functions-- 4
(a) to help a disaster management group perform its functions; 5
(b) to advise and make recommendations to the Minister or a 6
disaster management group about matters relating to disaster 7
management referred by the Minister or disaster management 8
group to the committee; 9
(c) to perform another function, decided by the Minister, incidental 10
to a function mentioned in paragraph (a) or (b). 11
(2) The Minister may appoint an individual to a committee if satisfied 12
the individual has the necessary expertise or experience to help the 13
committee to perform its functions. 14
(3) A committee may conduct its business, including its meetings, in the 15
way it considers appropriate. 16
PART 3--DISASTER MANAGEMENT PLANS AND 17
GUIDELINES 18
Division 1--State disaster management plan 19
49 State plan for disaster management 20
(1) The State group must prepare a plan (the "State disaster 21
management plan") for disaster management for the State. 22
(2) The plan must include provision for the following-- 23
(a) the group's strategic policy framework for disaster management 24
for the State; 25
(b) the roles and responsibilities of entities involved in disaster 26
operations and disaster management for the State; 27
s 50 32 s 52
Disaster Management Bill 2003
(c) the coordination of disaster operations and activities relating to 1
disaster management performed by the entities mentioned in 2
paragraph (b); 3
(d) events that are likely to happen in the State; 4
(e) priorities for disaster management for the State; 5
(f) the matters stated in the disaster management guidelines as 6
matters to be included in the plan; 7
(g) other matters about disaster management the group considers 8
appropriate or that are prescribed under a regulation. 9
(3) The chairperson of the State group must give a copy of the plan to 10
each district group and local group. 11
50 Requirements of plan 12
The State disaster management plan must be consistent with the disaster 13
management guidelines. 14
51 Reviewing and renewing plan 15
(1) The State group may review, or renew, the State disaster management 16
plan when the group considers it appropriate. 17
(2) If the State group renews the State disaster management plan, the 18
chairperson of the group must give a copy of the new plan to each district 19
group and local group. 20
52 Plan to be available for inspection etc. 21
(1) The chairperson of the State group must ensure a copy of the State 22
disaster management plan is available for inspection, free of charge, by 23
members of the public at-- 24
(a) the department's head office; and 25
(b) other places the chairperson of the group considers appropriate. 26
(2) The plan may be made available in written or electronic form. 27
(3) The group must, on payment of the appropriate fee, give a person a 28
copy of the plan. 29
s 53 33 s 55
Disaster Management Bill 2003
(4) In this section-- 1
"appropriate fee" means the fee, decided by the chairperson of the State 2
group, that is no more than the reasonable cost of providing the copy. 3
Division 2--Disaster management plans for disaster districts 4
53 Plan for disaster management in disaster district 5
(1) A district group must prepare a plan (a "district disaster 6
management plan") for disaster management in the disaster district for 7
the group. 8
(2) The plan must include provision for the following-- 9
(a) the State group's strategic policy framework for disaster 10
management for the State; 11
(b) the roles and responsibilities of entities involved in disaster 12
operations and disaster management in the district; 13
(c) the coordination of disaster operations and activities relating to 14
disaster management performed by the entities mentioned in 15
paragraph (b); 16
(d) events that may are likely to happen in the district; 17
(e) priorities for disaster management for the district; 18
(f) the matters stated in the disaster management guidelines as 19
matters to be included in the plan; 20
(g) other matters about disaster management in the disaster district 21
the group considers appropriate. 22
54 Requirements of plan 23
A district disaster management plan must be consistent with the disaster 24
management guidelines. 25
55 Reviewing and renewing plan 26
(1) A district group may review, or renew, its district disaster 27
management plan when the group considers it appropriate. 28
s 56 34 s 57
Disaster Management Bill 2003
(2) However, the group must review the effectiveness of the plan at least 1
once a year. 2
56 Plan to be available for inspection etc. 3
(1) A district group must keep a copy of its district disaster management 4
plan available for inspection, free of charge, by members of the public at 5
the places the district disaster coordinator of the group considers 6
appropriate. 7
(2) The plan may be made available in written or electronic form. 8
(3) The group must, on payment of the appropriate fee, give a person a 9
copy of the plan. 10
(4) In this section-- 11
"appropriate fee" means the fee, decided by the district disaster 12
coordinator of the district group, that is no more than the reasonable 13
cost of providing the copy. 14
Division 3--Disaster management plans for local governments 15
Subdivision 1--Disaster management plans 16
57 Plan for disaster management in local government area 17
(1) A local government must prepare a plan (a "local disaster 18
management plan") for disaster management in the local government's 19
area. 20
(2) The plan must include provision for the following-- 21
(a) the State group's strategic policy framework for disaster 22
management for the State, and the local government's policies 23
for disaster management; 24
(b) the roles and responsibilities of entities involved in disaster 25
operations and disaster management in the area; 26
(c) the coordination of disaster operations and activities relating to 27
disaster management performed by the entities mentioned in 28
paragraph (b); 29
(d) events that are likely to happen in the area; 30
s 58 35 s 60
Disaster Management Bill 2003
(e) strategies and priorities for disaster management for the area; 1
(f) the matters stated in the disaster management guidelines as 2
matters to be included in the plan; 3
(g) other matters about disaster management in the area the local 4
government considers appropriate. 5
58 Requirements of plan 6
A local disaster management plan must be consistent with the disaster 7
management guidelines. 8
59 Reviewing and renewing plan 9
(1) A local government may review, or renew, its local disaster 10
management plan when the local government considers it appropriate. 11
(2) However, the local government must review the effectiveness of the 12
plan at least once a year. 13
60 Plan to be available for inspection etc. 14
(1) A local government must keep a copy of its local disaster 15
management plan available for inspection, free of charge, by members of 16
the public at-- 17
(a) the local government's head office; and 18
(b) other places the chief executive officer of the local government 19
considers appropriate. 20
(2) The plan may be made available in written or electronic form. 21
(3) The local government must, on payment of the appropriate fee, give a 22
person a copy of the plan. 23
(4) In this section-- 24
"appropriate fee" means the fee, decided by the chief executive officer of 25
the local government, that is no more than the reasonable cost of 26
providing the copy. 27
s 61 36 s 63
Disaster Management Bill 2003
Subdivision 2--Application of subdivision 1 in particular circumstances 1
61 Local governments may combine 2
Despite section 57(1), 2 or more local governments (also the "combined 3
local government") may, with the approval of the Minister and the district 4
group for the disaster district in which the local governments are situated, 5
agree to unite for the purpose of preparing a local disaster management 6
plan. 7
62 Application of sdiv 1 8
(1) This section applies if 2 or more local governments agree as 9
mentioned in section 61. 10
(2) Subdivision 1 applies to the combined local government as if-- 11
(a) a reference to a local government were a reference to a combined 12
local government; and 13
(b) a reference to the local government's area were a reference to the 14
area of the combined local government; and 15
(c) a reference to the local government's head office were a 16
reference to the head office of each local government that is a 17
part of the combined local government; and 18
(d) a reference to the chief executive officer of the local government 19
were a reference to the chief executive officer of each local 20
government that is a part of the combined local government. 21
Division 4--Guidelines 22
63 Guidelines about disaster management plans 23
(1) The chief executive may prepare guidelines to inform the State 24
group, district groups and local governments about matters relating to any 25
of the following-- 26
(a) the preparation of disaster management plans; 27
(b) the matters to be included in a disaster management plan; 28
s 63 37 s 63
Disaster Management Bill 2003
(c) other matters about the operation of a district group or local 1
group the chief executive considers appropriate having regard to 2
disaster management for the State. 3
(2) If the chief executive prepares a guideline under subsection (1), the 4
chief executive must give a copy of the guideline to-- 5
(a) if the guideline relates to the State group--the State group; or 6
(b) if the guideline relates to district groups--each district group; or 7
(c) if the guideline relates to local governments--each local 8
government. 9
(3) If the chief executive amends a guideline, the chief executive must 10
give a copy of the amendment or the amended guideline to-- 11
(a) if the guideline relates to the State group--the State group; or 12
(b) if the guideline relates to district groups--each district group; or 13
(c) if the guideline relates to local governments--each local 14
government. 15
(4) The chief executive must keep a copy of each guideline, as in force 16
from time to time, available for inspection, free of charge, by members of 17
the public at-- 18
(a) the department's head office; and 19
(b) other places the chief executive considers appropriate. 20
(5) The guideline may be made available in written or electronic form. 21
s 64 38 s 65
Disaster Management Bill 2003
PART 4--PROVISIONS FOR DECLARATIONS OF 1
DISASTER SITUATION 2
Division 1--Declarations 3
Subdivision 1--Declaration of disaster situation by district disaster 4
coordinator 5
64 Declaration 6
(1) A district disaster coordinator for a disaster district may, with the 7
approval of the Minister, declare a disaster situation for the district, or a 8
part of it, if satisfied-- 9
(a) a disaster has happened, is happening or is likely to happen, in 10
the disaster district; and 11
(b) it is necessary for the district disaster coordinator or a declared 12
disaster officer to exercise declared disaster powers to prevent or 13
minimise any of the following-- 14
(i) loss of human life; 15
(ii) illness or injury to humans; 16
(iii) property loss or damage; 17
(iv) damage to the environment. 18
(2) Before declaring the disaster situation, the district disaster 19
coordinator must take reasonable steps to consult with-- 20
(a) the district group for the disaster district; and 21
(b) each local government whose area is in, or partly in, the declared 22
area for the disaster situation. 23
(3) A failure to consult under subsection (2) does not affect the validity 24
of the declaration. 25
65 Form and notice of declaration 26
(1) A declaration of a disaster situation under section 64(1) must be in 27
the approved form. 28
s 66 39 s 67
Disaster Management Bill 2003
(2) The approved form must include provision for the following-- 1
(a) the time and date of the Minister's approval; 2
(b) the time and date of the declaration; 3
(c) the declared area for the disaster situation. 4
(3) As soon as practicable after the disaster situation is declared, the 5
Minister must give notice of the declaration by gazette notice. 6
(4) The gazette notice must include-- 7
(a) the time and date of the declaration; and 8
(b) details of the declared area for the disaster situation. 9
66 Duration 10
The disaster situation-- 11
(a) starts when it is declared under section 64(1); and 12
(b) unless either of the following happens, ends 7 days after the day 13
it is declared-- 14
(i) the Minister sooner ends the disaster situation under 15
section 68(1); 16
(ii) a regulation extends, under section 67, the period of the 17
disaster situation beyond the end of the 7 days. 18
67 Extending disaster situation 19
(1) A regulation may extend, or from time to time further extend, the 20
period of the disaster situation. 21
(2) A regulation made under this section commences on the day it is 22
made whether or not it is gazetted on that day. 23
(3) A regulation extending the period of the disaster situation expires 24
14 days after the disaster situation is declared unless it is sooner repealed or 25
it expires under section 68(4). 26
(4) A regulation further extending the period of the disaster situation-- 27
(a) must state the period, of not more than 7 days, by which the 28
disaster situation is extended; and 29
s 68 40 s 68
Disaster Management Bill 2003
(b) expires at the end of the stated period unless it is sooner repealed 1
or it expires under section 68(4). 2
(5) Subsection (2) applies despite the Statutory Instruments Act 1992, 3
section 32.4 4
(6) The Statutory Instruments Act 1992, part 55 does not apply to a 5
regulation made under this section. 6
68 Ending disaster situation 7
(1) As soon as the Minister is satisfied it is no longer necessary for the 8
district disaster coordinator or a declared disaster officer to exercise 9
declared disaster powers for the disaster situation, the Minister must end 10
the disaster situation. 11
(2) If the Minister ends the disaster situation under subsection (1)-- 12
(a) the Minister must-- 13
(i) make a written record of the time and date the disaster 14
situation ended; and 15
(ii) immediately inform the chairperson of the State group and 16
the relevant district disaster coordinator of the ending of the 17
disaster situation; and 18
(b) the district disaster coordinator must, immediately after being 19
informed under paragraph (a)(ii), inform the declared disaster 20
officers exercising declared disaster powers for the disaster 21
situation of the ending of the disaster situation. 22
(3) Also, the Minister must as soon as practicable give notice of the 23
ending of the disaster situation, and when it ended, by gazette notice. 24
(4) A regulation extending or further extending a disaster situation 25
expires when the disaster situation ends under this section. 26
4 Statutory Instruments Act 1992, section 32 (Prospective commencement)
5 Statutory Instruments Act 1992, part 5 (Guidelines for regulatory impact statements)
s 69 41 s 71
Disaster Management Bill 2003
Subdivision 2--Declaration of disaster situation by Minister and Premier 1
69 Declaration 2
The Minister and the Premier may declare a disaster situation for the 3
State, or a part of the State, if satisfied-- 4
(a) a disaster has happened, is happening or is likely to happen, in 5
the State; and 6
(b) it is necessary for a district disaster coordinator or a declared 7
disaster officer to exercise declared disaster powers to prevent or 8
minimise any of the following-- 9
(i) loss of human life; 10
(ii) illness or injury to humans; 11
(iii) property loss or damage; 12
(iv) damage to the environment. 13
70 Form and notice of declaration 14
(1) A declaration of a disaster situation under section 69 must be in the 15
approved form. 16
(2) The approved form must include provision for-- 17
(a) the time and date of the declaration; and 18
(b) the declared area for the disaster situation. 19
(3) As soon as practicable after the disaster situation is declared, the 20
Minister must give notice of the declaration by gazette notice. 21
(4) The gazette notice must include-- 22
(a) the time and date of the declaration; and 23
(b) details of the declared area for the disaster situation. 24
71 Duration 25
The disaster situation-- 26
(a) starts when it is declared under section 69; and 27
s 72 42 s 73
Disaster Management Bill 2003
(b) unless either of the following happens, ends 7 days after the day 1
it is declared-- 2
(i) the Minister and the Premier sooner end the disaster 3
situation under section 73(1); 4
(ii) a regulation extends, under section 72, the period of the 5
disaster situation beyond the end of the 7 days. 6
72 Extending disaster situation 7
(1) A regulation may extend, or from time to time further extend, the 8
period of the disaster situation. 9
(2) A regulation made under this section commences on the day it is 10
made whether or not it is gazetted on that day. 11
(3) A regulation extending the period of the disaster situation expires 12
14 days after the disaster situation is declared unless it is sooner repealed or 13
it expires under section 73(4). 14
(4) A regulation further extending the period of the disaster situation-- 15
(a) must state the period, of not more than 7 days, by which the 16
disaster situation is extended; and 17
(b) expires at the end of the stated period unless it is sooner repealed 18
or it expires under section 73(4). 19
(5) Subsection (2) applies despite the Statutory Instruments Act 1992, 20
section 32. 21
(6) The Statutory Instruments Act 1992, part 5 does not apply to a 22
regulation made under this section. 23
73 Ending disaster situation 24
(1) As soon as the Minister and the Premier are satisfied it is no longer 25
necessary for a district disaster coordinator or a declared disaster officer to 26
exercise declared disaster powers for the disaster situation, the Minister and 27
the Premier must end the disaster situation. 28
(2) If the Minister and the Premier end the disaster situation under 29
subsection (1)-- 30
(a) the Minister must-- 31
s 74 43 s 75
Disaster Management Bill 2003
(i) make a written record of the time and date the disaster 1
situation ended; and 2
(ii) immediately inform the chairperson of the State group of 3
the ending of the disaster situation; and 4
(b) the chairperson of the State group must, immediately after being 5
informed under paragraph (a)(ii), inform the relevant district 6
disaster coordinators and the declared disaster officers exercising 7
declared disaster powers for the disaster situation of the ending 8
of the disaster situation. 9
(3) Also, the Minister must as soon as practicable give notice of the 10
ending of the disaster situation, and when it ended, by gazette notice. 11
(4) A regulation extending or further extending a disaster situation 12
expires when the disaster situation ends under this section. 13
Division 2--Authorising persons, and powers, for disaster situations 14
Subdivision 1--Preliminary 15
74 Application of div 2 16
This division applies if a disaster situation is declared. 17
Subdivision 2--Authorising persons to exercise declared disaster powers 18
75 Authorisation for disaster situation 19
(1) The chairperson of the State group, or a relevant district disaster 20
coordinator for the disaster situation, may authorise any of the following 21
persons to exercise declared disaster powers for the disaster situation-- 22
(a) an ambulance officer; 23
(b) a fire officer; 24
(c) a health officer; 25
(d) a person who is a member of a class of persons the chairperson or 26
relevant district disaster coordinator is satisfied has the necessary 27
expertise or experience to exercise the powers. 28
s 76 44 s 76
Disaster Management Bill 2003
(2) Also, a police officer may exercise declared disaster powers for the 1
disaster situation. 2
(3) An authorisation under subsection (1)-- 3
(a) may be general or limited to a particular, or a particular class of, 4
ambulance officer, fire officer, health officer or other person; and 5
(b) may be given on conditions; and 6
(c) may be given orally or in writing but if given orally must be put 7
in writing as soon as reasonably practicable. 8
(4) A failure to put an authorisation in writing under subsection (3)(c) 9
does not invalidate the authorisation or anything done under the 10
authorisation. 11
12
Note--
13
For a disaster situation, a police officer and a person authorised under subsection (1) to
14
exercise declared disaster powers for the disaster situation are declared disaster officers
15
for the disaster situation.
Subdivision 3--Powers of district disaster coordinators and declared 16
disaster officers 17
76 General provision about powers 18
(1) A relevant district disaster coordinator, or a declared disaster officer, 19
for the disaster situation has the powers given under this subdivision. 20
(2) However, a relevant district disaster coordinator or a declared disaster 21
officer may exercise a power only-- 22
(a) during the period of the disaster situation; and 23
(b) to do any of the following-- 24
(i) ensure public safety or public order; 25
(ii) prevent or minimise loss of human life, or illness or injury 26
to humans or animals; 27
(iii) prevent or minimise property loss or damage, or damage to 28
the environment. 29
(3) Also, a declared disaster officer may exercise a power only subject to 30
the conditions, if any, on which the person is authorised. 31
s 77 45 s 77
Disaster Management Bill 2003
(4) In addition-- 1
(a) if a declared disaster officer is a non-government ambulance 2
officer, the officer is subject to the directions of a government 3
ambulance officer; and 4
(b) if a declared disaster officer is a non-government fire officer, the 5
officer is subject to the directions of a government fire officer; 6
and 7
(c) if a declared disaster officer is a non-government health officer, 8
the officer is subject to the directions of a government doctor. 9
77 General powers 10
(1) A relevant district disaster coordinator or a declared disaster officer 11
may do all of the following-- 12
(a) control the movement of persons, animals or vehicles within, 13
into, out of or around the declared area for the disaster situation; 14
(b) give a direction to a person to regulate the movement of the 15
person, an animal or a vehicle within, into, out of or around the 16
declared area; 17
(c) evacuate persons or animals from the declared area or a part of 18
the area; 19
(d) enter a place in the declared area; 20
(e) take into a place in the declared area the equipment, persons or 21
materials the officer reasonably requires for exercising a power 22
under this subdivision; 23
(f) contain an animal or substance within the declared area; 24
(g) remove or destroy an animal, vegetation or substance within the 25
declared area; 26
(h) remove, dismantle, demolish or destroy a vehicle, or a building 27
or other structure, in the declared area; 28
(i) use, close off or block a facility for drainage; 29
(j) shut off or disconnect a supply of fuel, gas, electricity or water, 30
and take and use the fuel, gas, electricity or water; 31
(k) turn off, disconnect or shut down any motor or equipment; 32
(l) open a container or other thing, or dismantle equipment; 33
s 78 46 s 78
Disaster Management Bill 2003
(m) excavate land or form tunnels; 1
(n) build earthworks or temporary structures, or erect barriers; 2
(o) close to traffic any road; 3
(p) maintain, restore, or prevent destruction of, essential services; 4
(q) require a person to give the relevant district disaster coordinator 5
or declared disaster officer reasonable help to exercise the 6
coordinator's or officer's powers under this subdivision. 7
(2) However, a declared disaster officer may exercise a power under 8
subsection (1)(h) in relation to a building or other structure only with the 9
written approval of a relevant district disaster coordinator. 10
(3) A relevant district disaster coordinator or a declared disaster officer 11
may enter a place in the declared area without a warrant or the consent of 12
the occupier of the place. 13
(4) Also, a relevant district disaster coordinator or a declared disaster 14
officer may exercise a power under this subdivision with the help, and 15
using the force, that is reasonable in the circumstances. 16
(5) When giving a direction or making a requirement mentioned in 17
subsection (1)(b) or (q), a relevant district disaster coordinator or a declared 18
disaster officer must warn the person it is an offence to fail to comply with 19
the direction or requirement unless the person has a reasonable excuse.6 20
(6) In this section-- 21
"road" means a road under the Transport Operations (Road Use 22
Management) Act 1995. 23
78 Power to give direction about property 24
(1) A relevant district disaster coordinator or a declared disaster officer 25
may direct the owner of any property, by notice in the approved form given 26
to the owner, to put the property under the control, or at the disposal, of a 27
person stated in the notice. 28
(2) However, if the property is residential premises or business premises, 29
a declared disaster officer may give a person a direction under 30
6 For offences about failing to comply with a direction or requirement under
section 77(1)(b) or (q), see sections 116 (Failure to comply with direction) and
117 (Failure to help particular persons).
s 79 47 s 80
Disaster Management Bill 2003
subsection (1) only with the written approval of a relevant district disaster 1
coordinator. 2
(3) When giving a direction under subsection (1), a relevant district 3
disaster coordinator or a declared disaster officer must warn the person it is 4
an offence to fail to comply with the direction unless the person has a 5
reasonable excuse.7 6
79 Requirements for direction about property 7
(1) The approved form under section 78(1) must include provision for 8
the following-- 9
(a) information about the nature of the disaster situation; 10
(b) identifying the property to which the direction relates; 11
(c) information about-- 12
(i) the purpose for which the property is to be used; and 13
(ii) applying for compensation under this Act in relation to any 14
loss or damage incurred because of the use of the property. 15
(2) The approved form must state-- 16
(a) the provision of this Act under which the direction is given; and 17
(b) that the person to whom the direction is given must comply with 18
the direction. 19
PART 5--FUNCTIONS OF LOCAL GOVERNMENTS 20
80 Functions of local government 21
(1) The functions of a local government under this Act are as follows-- 22
(a) to ensure it has a disaster response capability; 23
(b) to approve its local disaster management plan prepared under 24
part 3; 25
7 For the offence of failing to comply with a direction under section 78(1), see
section 116 (Failure to comply with direction).
s 81 48 s 82
Disaster Management Bill 2003
(c) to ensure information about an event or a disaster in its area is 1
promptly given to the district disaster coordinator for the disaster 2
district in which its area is situated; 3
(d) to perform other functions given to the local government under 4
this Act. 5
(2) In this section-- 6
"disaster response capability", for a local government, means the ability 7
to provide equipment and a suitable number of persons, using the 8
resources available to the local government, to effectively deal with, 9
or help another entity to deal with, an emergency situation or a 10
disaster in the local government's area. 11
PART 6--STATE EMERGENCY SERVICE 12
Division 1--Establishment and functions 13
81 Establishment of SES 14
The State Emergency Service (the "SES") is established. 15
82 Functions 16
The functions of the SES are as follows-- 17
(a) to perform rescue or similar operations in an emergency 18
situation; 19
(b) to perform search operations in an emergency or similar 20
situation; 21
(c) to perform other operations in an emergency situation to-- 22
(i) help injured persons; or 23
(ii) protect persons or property from danger or potential danger 24
associated with the emergency; 25
(d) to perform other activities to help communities prepare for, 26
respond to and recover from an event or a disaster. 27
s 83 49 s 86
Disaster Management Bill 2003
Division 2--Responsibilities of chief executive for the SES 1
83 Responsibilities of chief executive 2
The chief executive is responsible for the following in relation to the 3
SES-- 4
(a) establishing management and support services for the SES; 5
(b) developing policies to help the SES perform its functions 6
effectively and efficiently, including, for example, policies about 7
training for SES members. 8
Division 3--Membership 9
84 Membership 10
(1) The SES consists of the persons appointed by the chief executive as 11
SES members. 12
(2) The chief executive may appoint a person as an SES member only if 13
satisfied the person has the appropriate abilities to be an SES member. 14
85 Local controller of SES unit 15
(1) The chief executive is to appoint a member of an SES unit as the 16
local controller of the unit. 17
(2) The member appointed as the local controller of an SES unit is to be 18
nominated by the local government for whose area the unit performs SES 19
functions. 20
(3) A person may be appointed as a local controller at the same time the 21
person is appointed as an SES member. 22
86 Function of local controller 23
The function of a local controller of an SES unit is to maintain the 24
operational effectiveness of the unit by ensuring-- 25
(a) the unit's members have the necessary skills to competently 26
perform their roles within the unit; and 27
s 87 50 s 88
Disaster Management Bill 2003
(b) the unit's equipment is maintained in an appropriate condition; 1
and 2
(c) the unit performs its functions and other activities in a way that is 3
consistent with departmental or local government policies about 4
the performance of the functions and activities. 5
Division 4--Functions of SES units 6
87 Functions of SES unit 7
(1) The functions of an SES unit are the SES functions that the chief 8
executive considers appropriate for the unit. 9
(2) To decide the functions of an SES unit, the chief executive must have 10
regard to the following-- 11
(a) the needs of the community in the area of the local government in 12
which the unit will perform the functions; 13
(b) whether the members of the unit have the abilities to competently 14
perform the functions; 15
(c) the resources available to the unit; 16
(d) whether the unit can appropriately maintain the equipment 17
necessary for the unit to perform the functions. 18
(3) Also, before deciding the functions of an SES unit, the chief 19
executive must consult with the local government for the area in which the 20
unit performs the functions. 21
88 Notice of functions 22
The chief executive must, by written notice, inform each SES unit of its 23
functions. 24
s 89 51 s 90
Disaster Management Bill 2003
PART 7--EMERGENCY SERVICE UNITS 1
Division 1--Establishment and functions 2
89 Establishment of ES units 3
(1) The chief executive may establish an emergency service unit (an "ES 4
unit") for an area of the State (an "emergency service area") if satisfied-- 5
(a) the area is in a remote or rural location; and 6
(b) the establishment of the unit would help the community in the 7
area to use resources available to it to provide for the effective 8
and efficient performance of the functions mentioned in 9
section 90(1). 10
(2) Before establishing an ES unit for an area, the chief executive must 11
consult with-- 12
(a) each local government whose area is completely or partly in the 13
area; and 14
(b) other entities the chief executive is satisfied represent the 15
interests of the community in the area. 16
90 Functions 17
(1) The functions of an ES unit are any of the following functions the 18
chief executive considers appropriate for the unit-- 19
(a) an SES function; 20
(b) fire fighting or fire prevention. 21
(2) To decide the functions of an ES unit, the chief executive must have 22
regard to the following-- 23
(a) the needs of the community in the emergency service area for the 24
unit; 25
(b) whether the members of the unit have the abilities to competently 26
perform the functions; 27
(c) the resources available to the unit; 28
(d) whether the unit can appropriately maintain the equipment 29
necessary for the unit to perform the functions. 30
s 91 52 s 93
Disaster Management Bill 2003
(3) Also, before deciding the functions of an ES unit, the chief executive 1
must consult with the each local government whose area is completely or 2
partly in the emergency service area in which the unit performs its 3
functions. 4
91 Notice of functions 5
The chief executive must, by written notice, inform each ES unit of its 6
functions. 7
Division 2--Responsibilities of chief executive for ES units 8
92 Responsibilities of chief executive 9
The chief executive is responsible for the following in relation to an 10
ES unit-- 11
(a) establishing management and support services for the unit; 12
(b) developing policies to help the unit perform its functions 13
effectively and efficiently, including, for example, policies about 14
training for members of the unit. 15
Division 3--Membership 16
93 Membership 17
(1) An ES unit consists of the persons appointed by the chief executive 18
as members of the unit. 19
(2) The chief executive may appoint any of the following persons as a 20
member-- 21
(a) an SES member; 22
(b) an honorary ambulance officer under the Ambulance Service Act 23
1991; 24
(c) a member of a group registered as a rural fire brigade under the 25
Fire Act, section 79;8 26
8 The Fire Act, section 79 (Formation of rural fire brigade)
s 94 53 s 97
Disaster Management Bill 2003
(d) another person the chief executive is satisfied has the abilities to 1
be an ESU member. 2
94 ES unit coordinator 3
(1) The chief executive is to appoint a member of an ES unit as the ES 4
unit coordinator of the unit. 5
(2) The member appointed as an ES unit coordinator is to be nominated 6
by the local government for whose area the unit performs its functions. 7
(3) A person may be appointed as an ES unit coordinator at the same 8
time the person is appointed as an ESU member. 9
95 Function of ES unit coordinator 10
The function of an ES unit coordinator of an ES unit is to maintain the 11
operational effectiveness of the unit by ensuring-- 12
(a) the unit's members have the necessary skills to competently 13
perform their roles within the unit; and 14
(b) the unit's equipment is maintained in an appropriate condition; 15
and 16
(c) the unit performs its functions and other activities in a way that is 17
consistent with departmental or local government policies about 18
the performance of the functions and activities. 19
Division 4--Matters about ES units with function of fire fighting or fire 20
prevention 21
96 Application of div 4 22
This division applies to an ES unit that, under section 90(1), has the 23
function of fire fighting or fire prevention. 24
97 Appointment of fire coordinator 25
(1) The chief executive is to appoint a member of the unit as the fire 26
coordinator for the unit. 27
s 98 54 s 100
Disaster Management Bill 2003
(2) The chief executive may appoint a person as the fire coordinator only 1
if satisfied the person has the necessary expertise or experience to exercise 2
the powers of the fire coordinator. 3
98 Powers of fire coordinator 4
(1) This section applies to a person appointed under section 97(1) as a 5
fire coordinator for an ES unit. 6
(2) Subject to subsections (3) and (4), the person has, for controlling and 7
extinguishing a fire in the unit's emergency service area, the powers of an 8
authorised fire officer under the Fire Act. 9
(3) The commissioner of the Queensland Fire and Rescue Service under 10
the Fire Act may impose conditions on the exercise of the powers by the 11
person by written notice given to the person. 12
(4) The person may exercise the powers only subject to the conditions. 13
99 Particular ESU members subject to direction 14
(1) This section applies if an ES unit is assisting in operations under the 15
Fire Act for controlling or extinguishing a fire. 16
(2) The members of the unit who are assisting in the operations are 17
subject to the direction of the person who, under the Fire Act, is in charge 18
of the operations. 19
PART 8--AUTHORISED RESCUE OFFICERS 20
Division 1--Appointment 21
100 Appointment 22
The chief executive may appoint a person as an authorised rescue officer 23
if-- 24
(a) the person is-- 25
(i) an SES member or an ESU member who is a member of an 26
SES unit or an ES unit that the chief executive considers has 27
s 101 55 s 102
Disaster Management Bill 2003
the necessary equipment to perform rescue or similar 1
operations; or 2
(ii) a person who performs emergency related functions or 3
similar functions under a law of another State or country; or 4
(iii) a member of a class of persons prescribed under a 5
regulation; and 6
(b) the chief executive is satisfied the person has the necessary 7
expertise or experience to be an authorised rescue officer. 8
101 Appointment conditions and limit on powers 9
(1) An authorised rescue officer holds office on any conditions stated 10
in-- 11
(a) the officer's instrument of appointment; or 12
(b) a signed notice given to the officer; or 13
(c) a regulation. 14
(2) The instrument of appointment, a signed notice given to the officer or 15
a regulation may limit the officer's powers under this Act. 16
(3) In this section-- 17
"signed notice" means a notice signed by the chief executive. 18
102 Issue of identity card 19
(1) The chief executive must issue an identity card to each authorised 20
rescue officer. 21
(2) The identity card must-- 22
(a) contain a recent photo of the officer; and 23
(b) contain a copy of the officer's signature; and 24
(c) identify the person as an authorised rescue officer under this Act; 25
and 26
(d) state an expiry date for the card. 27
s 103 56 s 106
Disaster Management Bill 2003
103 Production or display of identity card 1
(1) In exercising a power under this Act in relation to a person, an 2
authorised rescue officer must-- 3
(a) produce the officer's identity card for the person's inspection 4
before exercising the power; or 5
(b) have the identity card displayed so it is clearly visible to the 6
person when exercising the power. 7
(2) However, subsection (1) does not apply if, having regard to the 8
circumstances in which the power is exercised, it is not practicable for the 9
authorised rescue officer to comply with the subsection. 10
104 When authorised rescue officer stops holding office 11
(1) An authorised rescue officer stops holding office if any of the 12
following happens-- 13
(a) the term of office stated in a condition of office ends; 14
(b) under another condition of office, the officer stops holding office; 15
(c) the officer's resignation under section 105 takes effect. 16
(2) Subsection (1) does not limit the ways an authorised rescue officer 17
may stop holding office. 18
(3) In this section-- 19
"condition of office" means a condition on which the officer holds office. 20
105 Resignation 21
An authorised rescue officer may resign by signed notice given to the 22
chief executive. 23
106 Return of identity card 24
A person who stops being an authorised rescue officer must return the 25
person's identity card to the chief executive within 21 days after the person 26
stops being an authorised rescue officer unless the person has a reasonable 27
excuse. 28
Maximum penalty--50 penalty units. 29
s 107 57 s 107
Disaster Management Bill 2003
Division 2--Powers of authorised rescue officers 1
107 General provision about powers 2
(1) For the purpose of performing an emergency related function, an 3
authorised rescue officer may take reasonable steps to protect-- 4
(a) a person who is trapped, or endangered in another way, in a 5
place; or 6
(b) the officer or another person from danger, potential danger or 7
assault. 8
(2) If it is reasonable in the circumstances, the authorised officer may do 9
all of the following for the purpose of giving the protection mentioned in 10
subsection (1)-- 11
(a) enter a place using reasonable force; 12
(b) search any part of a place; 13
(c) open, using reasonable force, a container or other thing; 14
(d) remove any thing from a place; 15
(e) destroy or damage premises, a vehicle, container or other thing; 16
(f) take into or onto a place the equipment, persons or materials the 17
authorised rescue officer reasonably requires to exercise a power 18
under this section; 19
(g) direct a person to leave, or not to enter, an area in or near a place 20
if the authorised rescue officer reasonably considers the direction 21
is necessary to protect a person's life or health; 22
(h) require a person at or near the place to give the authorised rescue 23
officer reasonable help to exercise the officer's powers under 24
paragraphs (a) to (f). 25
(3) When giving a direction or making a requirement mentioned in 26
subsection (2)(g) or (h), the authorised rescue officer must warn the person 27
it is an offence to fail to comply with the direction or requirement unless 28
the person has a reasonable excuse.9 29
9 For offences about failing to comply with a direction or requirement under
section 107(2)(g) or (h), see sections 116 (Failure to comply with direction) and
117 (Failure to help particular persons).
s 108 58 s 110
Disaster Management Bill 2003
108 Provision about power of entry 1
(1) An authorised rescue officer may enter a place under section 107(2) 2
without a warrant or the consent of the owner or occupier of the place. 3
(2) However, if the occupier is present at the place, before entering the 4
place, the authorised rescue officer must do, or make a reasonable attempt 5
to do, the following things-- 6
(a) tell the occupier the purpose of the entry; 7
(b) seek the consent of the occupier to the entry; 8
(c) tell the occupier the authorised rescue officer is permitted under 9
this Act to enter the place without the occupier's consent. 10
(3) Subsection (2) does not require the authorised rescue officer to take a 11
step that the officer reasonably believes may frustrate or otherwise hinder 12
the officer's ability to give the protection mentioned in section 107(1). 13
109 Exercise of powers subject to direction 14
(1) This section applies to an authorised rescue officer who is not an SES 15
member or an ESU member. 16
(2) In exercising a power under this division, the officer is subject to the 17
directions of an authorised rescue officer who is an SES member or an ESU 18
member. 19
PART 9--AUTHORISING PERSONS TO EXERCISE 20
RESCUE POWERS IN PARTICULAR CIRCUMSTANCES 21
Division 1--Authorising persons to exercise rescue powers 22
110 Authorising persons to exercise rescue powers 23
(1) This section applies if the chairperson of the State group or a district 24
disaster coordinator is satisfied on reasonable grounds it is necessary to act 25
as mentioned in subsection (2) to ensure the following are carried out 26
effectively-- 27
(a) rescue or similar operations in an emergency situation; 28
s 111 59 s 111
Disaster Management Bill 2003
(b) other operations in an emergency situation to-- 1
(i) help injured persons; or 2
(ii) protect persons or property from danger or potential danger 3
associated with the emergency situation. 4
(2) The chairperson or district disaster coordinator may authorise a 5
person to exercise rescue powers in relation to the emergency situation if 6
satisfied the person has the necessary expertise or experience to exercise 7
the rescue powers. 8
(3) An authorisation under subsection (2)-- 9
(a) may be given on conditions; and 10
(b) may be given orally or in writing but if given orally must be put 11
in writing as soon as reasonably practicable. 12
(4) A failure to put an authorisation in writing under subsection (3)(b) 13
does not invalidate the authorisation or anything done under the 14
authorisation. 15
(5) A person authorised by the chairperson or district disaster 16
coordinator under subsection (2) may exercise the rescue powers only-- 17
(a) under the authorisation; and 18
(b) subject to the directions of the chairperson or district disaster 19
coordinator. 20
Division 2--Powers of persons authorised under division 1 21
111 Power to enter places 22
(1) A person authorised under section 110(2) may enter a place if the 23
person is satisfied on reasonable grounds it is necessary to enter the place 24
to avoid an imminent risk of death or injury of a person. 25
(2) The person may enter the place, using reasonable force, without a 26
warrant or the consent of the owner or occupier of the place. 27
(3) However, if the occupier is present at the place, before entering the 28
place, the person must do, or make a reasonable attempt to do, the 29
following things-- 30
(a) tell the occupier the purpose of the entry; 31
s 112 60 s 112
Disaster Management Bill 2003
(b) seek the consent of the occupier to the entry; 1
(c) tell the occupier the person is permitted under this Act to enter 2
the place without the occupier's consent. 3
(4) Subsection (3) does not require the person to take a step that the 4
person reasonably believes may frustrate or otherwise hinder the person's 5
ability to protect a person's life or health. 6
112 General powers 7
(1) This section applies if, under section 111(1), a person enters a place. 8
(2) The person may take reasonable steps to avoid the imminent risk of 9
death or injury of a person. 10
(3) If it is reasonable in the circumstances, the person may do all of the 11
following having regard to the purpose of the entry-- 12
(a) search any part of the place; 13
(b) open, using reasonable force, a container or other thing at the 14
place; 15
(c) remove any thing from the place; 16
(d) destroy or damage premises, a vehicle, container or other thing; 17
(e) take into or onto the place the equipment, persons or materials 18
the person reasonably requires to exercise a power under this 19
section; 20
(f) direct another person to leave, or not to enter, an area in or near 21
the place if the person considers the direction is necessary to 22
protect a person's life or health; 23
(g) require someone at or near the place, to give the person 24
reasonable help to exercise the person's powers under 25
paragraphs (a) to (e). 26
(4) When giving a direction or making a requirement mentioned in 27
subsection (3)(f) or (g), the person must warn the other person it is an 28
offence to fail to comply with the direction or requirement unless the other 29
person has a reasonable excuse.10 30
10 For offences about failing to comply with a direction or requirement under
section 112(3)(f) or (g), see sections 116 (Failure to comply with direction) and
117 (Failure to help particular persons).
s 113 61 s 115
Disaster Management Bill 2003
PART 10--OFFENCE PROVISIONS 1
Division 1--Preliminary 2
113 Definition for pt 10 3
In this part-- 4
"authorised person" means any of the following-- 5
(a) a district disaster coordinator; 6
(b) a declared disaster officer; 7
(c) an authorised rescue officer; 8
(d) a person authorised under section 110(2); 9
(e) an SES member; 10
(f) an ESU member. 11
Division 2--Offences 12
114 Impersonation of authorised person 13
A person must not pretend to be an authorised person. 14
Maximum penalty--100 penalty units. 15
115 Obstruction of authorised person 16
(1) A person must not obstruct an authorised person in the exercise of a 17
power unless the person has a reasonable excuse. 18
Maximum penalty--100 penalty units. 19
(2) If a person has obstructed an authorised person and the authorised 20
person decides to proceed with the exercise of the power, the authorised 21
person must warn the person that-- 22
(a) it is an offence to obstruct the authorised person unless the 23
person has a reasonable excuse; and 24
(b) the authorised person considers the person's conduct an 25
obstruction. 26
s 116 62 s 118
Disaster Management Bill 2003
(3) In this section-- 1
"obstruct" includes assault, hinder, resist and attempt or threaten to 2
obstruct. 3
116 Failure to comply with direction 4
A person given a direction under any of the following provisions must 5
comply with the direction unless the person has a reasonable excuse-- 6
(a) section 77(1)(b); 7
(b) section 78(1); 8
(c) section 107(2)(g); 9
(d) section 112(3)(f). 10
Maximum penalty--100 penalty units. 11
117 Failure to help particular persons 12
13
A person required to give reasonable help under any of the following
14
provisions must comply with the requirement unless the person has a
15
reasonable excuse--
(a) section 77(1)(q); 16
(b) section 107(2)(h); 17
(c) section 112(3)(g). 18
19
Maximum penalty--100 penalty units.
118 Using names etc. 20
(1) A person who is not an SES member must not, without the chief 21
executive's written approval, use the words `State Emergency Service' or 22
`SES' if the context in which the words are used suggests the person is an 23
SES member. 24
Maximum penalty--40 penalty units. 25
(2) A person who is not an ESU member must not, without the chief 26
executive's written approval, use the words `emergency service unit', `ES 27
s 119 63 s 120
Disaster Management Bill 2003
unit' or `ESU' if the context in which the words are used suggests the 1
person is an ESU member. 2
Maximum penalty--40 penalty units. 3
(3) A person must not, without the chief executive's written approval, 4
use the words `State Emergency Service' or `SES' to advertise or otherwise 5
promote goods or services provided by the person. 6
Maximum penalty--40 penalty units. 7
(4) A person must not, without the chief executive's written approval, 8
use the words `emergency service unit', `ES unit' or `ESU' to advertise or 9
otherwise promote goods or services provided by the person. 10
Maximum penalty--40 penalty units. 11
PART 11--PROVISIONS ABOUT COMPENSATION AND 12
POLICIES OF INSURANCE 13
Division 1--Compensation 14
Subdivision 1--Preliminary 15
119 Entitlement to compensation 16
Subject to this division, a person who suffers loss or damage because of 17
the exercise, or purported exercise, of a power under section 77, 78, 98, 18
107, 111 or 112 is entitled to be paid just and reasonable compensation for 19
the loss or damage. 20
120 When compensation is not payable 21
(1) Compensation is not payable to the person for loss or damage to the 22
extent that-- 23
(a) an amount for the loss or damage is recovered or recoverable by 24
the person under a policy of insurance; or 25
(b) the conduct of the person contributed to the loss or damage. 26
s 121 64 s 122
Disaster Management Bill 2003
(2) Also, compensation is not payable to the person for loss or damage if 1
the loss or damage would have happened in any event irrespective of the 2
exercise, or purported exercise, of the power. 3
Subdivision 2--Application and decision about compensation 4
121 Applying for compensation 5
(1) A person who suffers loss or damage because of the exercise, or 6
purported exercise, of a power under section 77, 78, 98, 107, 111 or 112 7
may apply to the chief executive for compensation for the loss or damage. 8
(2) The application must be made in writing within 90 days after the 9
person suffers the loss or damage. 10
(3) The application must state-- 11
(a) details of the person's loss or damage; and 12
(b) the amount of compensation claimed and the grounds for the 13
amount claimed. 14
(4) The applicant also must provide any other relevant information 15
reasonably required by the chief executive to decide the application. 16
(5) Despite subsection (2), the chief executive may accept a person's 17
application for compensation made more than 90 days after the person 18
suffers the loss or damage if the chief executive is satisfied it would be 19
reasonable in all the circumstances to accept the application. 20
122 Lapsing of application 21
(1) If an application for compensation is made under this division, the 22
chief executive may make a requirement under section 121(4) for 23
information to decide the application by giving the applicant a notice 24
stating-- 25
(a) the required information; and 26
(b) the time by which the information must be given to the chief 27
executive; and 28
(c) that, if the information is not given to the chief executive by the 29
stated time, the application will lapse. 30
s 123 65 s 124
Disaster Management Bill 2003
(2) The stated time must be reasonable and, in any case, at least 21 days 1
after the requirement is made. 2
(3) The chief executive may give the applicant a further notice extending 3
or further extending the time if the chief executive is satisfied it would be 4
reasonable in all the circumstances to give the extension. 5
(4) A notice may be given under subsection (3) even if the time to which 6
it relates has lapsed. 7
(5) If the applicant does not comply with the requirement within the 8
stated time, or any extension, the application lapses. 9
123 Deciding application 10
(1) The chief executive must consider and decide an accepted application 11
within 60 days after the last of the following to happen-- 12
(a) the chief executive receives the application; 13
(b) the chief executive receives all necessary information to decide 14
the application. 15
(2) If the chief executive has not decided an accepted application within 16
the period stated in subsection (1) for the application, the chief executive is 17
taken to have refused to pay compensation. 18
(3) In this section-- 19
"accepted application" means an application made under section 121(2) 20
or an application the chief executive accepts under section 121(5). 21
124 Notice about decision 22
As soon as practicable after deciding the application, the chief executive 23
must give the applicant a written notice stating all of the following-- 24
(a) the decision and the reasons for it; 25
(b) if the chief executive decides to pay compensation-- 26
(i) details of the amount and how the amount was assessed; and 27
(ii) if the amount is less than the amount claimed--that the 28
applicant may appeal against the decision, and how the 29
applicant may appeal; 30
s 125 66 s 127
Disaster Management Bill 2003
(c) if the chief executive decides not to pay compensation--that the 1
applicant may appeal against the decision, and how the applicant 2
may appeal. 3
Subdivision 3--Appeals 4
125 Who may appeal 5
An applicant for the payment of compensation under this division who is 6
dissatisfied with the chief executive's decision to refuse to pay 7
compensation or about the amount of compensation may appeal against the 8
decision. 9
126 Starting an appeal 10
(1) An appeal may be started at-- 11
(a) the Magistrates Court nearest the place where the person lives or 12
carries on business; or 13
(b) a Magistrates Court at Brisbane. 14
(2) The notice of appeal under the Uniform Civil Procedure Rules 1999 15
must be filed with the registrar of the court within 28 days after-- 16
(a) if the person is given notice of the decision under 17
section 124--the day the person is given the notice; or 18
(b) if paragraph (a) does not apply--the day the person otherwise 19
becomes aware of the decision. 20
(3) The court may, at any time, extend the time for filing the notice of 21
appeal. 22
127 Hearing procedures 23
(1) In hearing the appeal, the court is not bound by the rules of evidence 24
and must comply with natural justice. 25
(2) The appeal is by way of rehearing, unaffected by the chief 26
executive's decision, on the material before the chief executive and any 27
further evidence allowed by the court. 28
s 128 67 s 130
Disaster Management Bill 2003
128 Powers of court on appeal 1
(1) In deciding the appeal, the court may confirm the chief executive's 2
decision or substitute another decision the chief executive could have made 3
for the chief executive's decision. 4
(2) The chief executive must give effect to the court's decision. 5
129 Appeal to District Court 6
An appeal lies to the District Court from a decision of a Magistrates 7
Court under section 128, but only on a question of law. 8
Division 2--Policies of insurance 9
130 Extension of policy of insurance 10
(1) This section applies to a policy of insurance for damage to property 11
if-- 12
(a) damage is caused to the property because of the exercise of a 13
power, or performance of a function, under this Act by a person, 14
honestly and without negligence, in relation to a disaster or an 15
emergency situation; and 16
(b) the exercise of the power, or performance of the function, 17
happens for the purpose of protecting-- 18
(i) the property from damage; or 19
(ii) a person or an animal from death or injury. 20
(2) For the purposes of the policy of insurance, the damage is, by the 21
operation of this section, taken to be damage caused by the happening of 22
the event for which the policy provides insurance cover. 23
(3) A term of a policy of insurance that purports to vary or exclude the 24
operation of subsection (2) is void. 25
s 131 68 s 134
Disaster Management Bill 2003
PART 12--LEGAL PROCEEDINGS 1
Division 1--Evidence 2
131 Application of div 1 3
This division applies to a proceeding under this Act. 4
132 Appointments and authority 5
The following must be presumed unless a party to the proceeding, by 6
reasonable notice, requires proof of it-- 7
(a) the appointment of-- 8
(i) the chairperson of the State group; or 9
(ii) a district disaster coordinator; or 10
(iii) an authorised rescue officer; 11
(b) the authorisation, under section 75(1), of a person to exercise 12
declared disaster powers; 13
(c) the authorisation, under section 110(2), of a person to exercise 14
rescue powers; 15
(d) the authority of a person mentioned in paragraph (a), (b) or (c) to 16
do anything under this Act. 17
133 Signatures 18
A signature purporting to be the signature of the chief executive, the 19
chairperson of the State group, a district disaster coordinator or a declared 20
disaster officer is evidence of the signature it purports to be. 21
134 Other evidentiary aids 22
A certificate purporting to be signed by the chief executive and stating 23
any of the following matters is evidence of the matter-- 24
(a) a stated document is a thing as follows given, issued, kept or 25
made under this Act-- 26
(i) an appointment, authorisation, approval or decision; 27
s 135 69 s 136
Disaster Management Bill 2003
(ii) a direction, notice or requirement; 1
(b) a stated document is a copy of a document mentioned in 2
paragraph (a); 3
(c) on a stated day and at a stated time a disaster situation started; 4
(d) on a stated day and at a stated time a disaster situation ended; 5
(e) on a stated day, or during a stated period, any of the following 6
was, or was not, in force for a stated person-- 7
(i) an authorisation for the person to exercise declared disaster 8
powers; 9
(ii) an authorisation for the person to exercise rescue powers; 10
(iii) an appointment as an authorised rescue officer; 11
(f) on a stated day, a stated person was given a stated notice or 12
direction under this Act; 13
(g) on a stated day a stated requirement was made of a stated person. 14
Division 2--Offence proceedings 15
135 Summary proceedings for offence 16
(1) A proceeding for an offence against this Act must be taken in a 17
summary way under the Justices Act 1886. 18
(2) The proceeding must start within the later of the following periods to 19
end-- 20
(a) 1 year after the commission of the offence; 21
(b) 6 months after the offence comes to the complainant's 22
knowledge, but within 2 years after the commission of the 23
offence. 24
136 Statement of complainant's knowledge 25
In a complaint starting a proceeding for an offence against this Act, a 26
statement that the matter of the complaint came to the complainant's 27
knowledge on a stated day is evidence the matter came to the complainant's 28
knowledge on that day. 29
s 137 70 s 138
Disaster Management Bill 2003
PART 13--MISCELLANEOUS 1
Division 1--Codes of practice for SES units and ES units 2
137 Making code of practice 3
(1) The chief executive may make codes of practice to provide guidance 4
to SES members or ESU members about the following-- 5
(a) the operation of SES units or ES units, including, for example, 6
performance appraisals for local controllers of an SES unit; 7
(b) appropriate conduct or practice for SES members or ESU 8
members; 9
(c) other matters the chief executive considers appropriate for the 10
effective performance of the functions of the units. 11
(2) The chief executive may review a code of practice when the chief 12
executive considers it appropriate. 13
(3) A code of practice is a statutory instrument within the meaning of the 14
Statutory Instruments Act 1992. 15
138 Availability of code of practice 16
(1) If the chief executive makes a code of practice under section 137(1), 17
the chief executive must as soon as practicable give a copy of the code to-- 18
(a) for a code relating to SES members--each SES unit; and 19
(b) for a code relating to ESU members--each ES unit. 20
(2) If the chief executive amends a code of practice, the chief executive 21
must give a copy of the amendment, or the amended code of practice, to-- 22
(a) for a code relating to SES members--each SES unit; and 23
(b) for a code relating to ESU members--each ES unit. 24
(3) Also, the chief executive must keep a copy of each code of practice, 25
as in force from time to time, available for inspection, free of charge, by 26
members of the public at-- 27
(a) the department's head office; and 28
(b) other places the chief executive considers appropriate. 29
s 139 71 s 140
Disaster Management Bill 2003
(4) A code of practice may be made available in written or electronic 1
form. 2
Division 2--Other matters 3
139 Warning device or lights on SES or ES vehicle 4
(1) This section applies to an SES vehicle or an ES vehicle if a warning 5
device or warning lights are fitted to the vehicle. 6
(2) A person, other than an SES member or an ESU member, must not 7
activate the warning device or warning lights. 8
Maximum penalty--40 penalty units. 9
(3) An SES member or an ESU member must not activate the warning 10
device or warning lights unless-- 11
(a) the warning device or warning lights are activated by the member 12
in relation to the performance of an SES function or an ESU 13
function; and 14
(b) the SES member or ESU member considers it necessary to 15
activate the warning device or warning lights to ensure a person's 16
safety. 17
Maximum penalty--40 penalty units. 18
140 Exemption from toll 19
(1) This section applies if-- 20
(a) an SES member or an ESU member is travelling in an SES 21
vehicle or an ES vehicle in the member's capacity as an SES 22
member or an ESU member; and 23
(b) the vehicle is fitted with a warning device or warning lights that 24
are activated. 25
(2) The vehicle is exempt from payment of a toll for the use of a road, 26
bridge or ferry. 27
s 141 72 s 143
Disaster Management Bill 2003
141 Protection of employment rights of SES and ESU members 1
The Industrial Relations Act 1999, section 73,11 states when the 2
dismissal of an employee, who is an SES member or an ESU member, for 3
temporary absence from work for the purpose of performing an SES 4
function or an ESU function in an emergency situation is unfair under that 5
Act. 6
142 Chief executive to insure particular persons 7
(1) The chief executive must enter into a contract of insurance with 8
WorkCover or another entity to insure-- 9
(a) SES members and ESU members; and 10
(b) persons required to give reasonable help under section 77(1)(q), 11
107(2)(h) or 112(3)(g). 12
(2) The contract of insurance must-- 13
(a) cover the SES and ESU members while they are-- 14
(i) performing a function under this Act in their capacity as an 15
SES member or an ESU member; or 16
(ii) involved in another activity related to the carrying out of 17
disaster operations, an SES function or an ESU function, 18
including, for example, training for disaster operations; and 19
(b) cover the persons mentioned in subsection (1)(b) while they are 20
giving the reasonable help. 21
(3) In this section-- 22
"WorkCover" means WorkCover Queensland established under the 23
Workers' Compensation and Rehabilitation Act 2003. 24
143 Delegations 25
(1) The Minister may delegate the Minister's powers under this Act, 26
other than a power under section 45(1), 64(1), 68(1), 69 or 73(1),12 to the 27
chief executive or an appropriately qualified officer of the department. 28
11 Industrial Relations Act 1999, section 73 (When is a dismissal unfair)
12 Section 45 (Minister may give directions), 64 (Declaration), 68 (Ending disaster
situation), 69 (Declaration) or 73 (Ending disaster situation)
s 144 73 s 144
Disaster Management Bill 2003
(2) The chief executive may delegate the chief executive's powers under 1
this Act to an appropriately qualified officer of the department. 2
(3) The chairperson of the State group may delegate the chairperson's 3
powers under this Act, other than a power under section 9,13 to an 4
appropriately qualified other member of the group. 5
(4) The chairperson of the State group may delegate the chairperson's 6
powers under section 9 to the commissioner of the police service. 7
8
Note--
9
Under section 9, the chairperson of the State group may give directions about the
10
circumstances in which a person may exercise powers under another Act.
(5) The district disaster coordinator of a district group may delegate the 11
district disaster coordinator's powers under this Act, other than a power 12
under section 9, 64, 75, 77, 78 or 110 to an appropriately qualified other 13
member of the group. 14
15
Note--
16
The powers under sections 77 and 78 are declared disaster powers.
(6) In this section-- 17
"appropriately qualified" includes having the qualifications, experience 18
or standing appropriate to exercise the power. 19
20
Example of standing--
21
a person's classification level in the public service
144 Protection from liability 22
(1) Other than as provided for under part 11, civil liability does not 23
attach to the State, a Minister, a local government or an official because of 24
anything done or omitted to be done under this Act in good faith without 25
reckless disregard for the possible occurrence of the personal injury or loss 26
or damage to property from which liability would arise, if this section did 27
not apply. 28
(2) This section does not stop a person further limiting the person's 29
liability for an act or omission by relying on a provision of the Civil 30
Liability Act 2003. 31
13 Section 9 (Directions about powers under other Acts during disaster situation)
s 145 74 s 148
Disaster Management Bill 2003
(3) In this section-- 1
"official" means all of the following-- 2
(a) a member of the State group, a district group or a local group; 3
(b) a declared disaster officer; 4
(c) an authorised rescue officer; 5
(d) a person authorised under this Act to exercise rescue powers; 6
(e) a person required to give reasonable help under section 77(1)(q), 7
107(2)(h) or 112(3)(g); 8
(f) an SES member or an ESU member. 9
145 Appointments 10
An appointment provided for by this Act is to be made under this Act 11
and not under the Public Service Act 1996. 12
146 Arrangements for identification 13
The chief executive may make arrangements in relation to the 14
identification of persons exercising powers under section 77, 78, 98, 111 15
or 112. 16
147 Approval of forms 17
The chief executive may approve forms for use under this Act. 18
148 Regulation-making power 19
(1) The Governor in Council may make regulations under this Act. 20
(2) A regulation may be about-- 21
(a) dividing the State into disaster districts for the purpose of disaster 22
management; or 23
(b) imposing a penalty of no more than 20 penalty units for 24
contravention of a regulation. 25
s 149 75 s 150
Disaster Management Bill 2003
(3) A regulation under subsection (2)(a) must-- 1
(a) name the disaster districts; and 2
(b) identify the area of the disaster districts. 3
PART 14--REPEAL AND TRANSITIONAL PROVISIONS 4
Division 1--Repeal 5
149 Repeal of State Counter-Disaster Organisation Act 1975 6
The State Counter-Disaster Organisation Act 1975 No. 40 is repealed. 7
Division 2--Transitional provisions 8
Subdivision 1--Preliminary 9
150 Definitions for div 2 10
In this division-- 11
"central control group" means the central control group established under 12
the repealed Act, section 12(1).14 13
"commencement" means the day this section commences. 14
"disaster district coordinator" means a disaster district coordinator 15
appointed under the repealed Act. 16
"former control group" means a disaster district control group 17
established under the repealed Act, section 21(1).15 18
"former SES" means the State Emergency Service established under the 19
repealed Act, section 13(1).16 20
14 The repealed Act, section 12 (Central control group)
15 The repealed Act, section 21 (Disaster district control groups)
16 The repealed Act, section 13 (State Emergency Service)
s 151 76 s 155
Disaster Management Bill 2003
Subdivision 2--Transitional references 1
151 References to repealed Act 2
A reference in an Act or other document to the repealed Act may, if the 3
context permits, be taken as a reference to this Act. 4
152 References to former SES 5
A reference in an Act or other document to the former SES may, if the 6
context permits, be taken as a reference to the SES. 7
Subdivision 3--Other transitional provisions 8
153 Members of central control group 9
(1) This section applies to a person, other than the chief executive, who 10
was a member of the central control group immediately before the 11
commencement. 12
(2) On the commencement, the person is taken to be appointed as a 13
member of the State group under section 19(2). 14
154 Chairperson of central control group 15
(1) This section applies to the person who, immediately before the 16
commencement, was the chairperson of the central control group. 17
(2) On the commencement, the person is taken to be appointed as the 18
chairperson of the State group under section 20(1)(a). 19
155 Executive officer of central control group 20
(1) This section applies to the person who, immediately before the 21
commencement, was the executive officer of the central control group. 22
(2) On the commencement, the person is taken to be the executive officer 23
of the State group. 24
s 156 77 s 159
Disaster Management Bill 2003
156 Members of former SES 1
(1) This section applies to a person who, immediately before the 2
commencement, was a member of the former SES. 3
(2) On the commencement, the person is taken to be appointed under 4
section 84 as an SES member. 5
157 Authorised officers under the repealed Act 6
(1) This section applies to a person who, immediately before the 7
commencement, was an authorised officer under the repealed Act. 8
(2) On the commencement, the person is taken to be appointed under 9
section 100 as an authorised rescue officer. 10
158 Former disaster districts 11
(1) Subsection (2) applies only until a regulation under this Act first 12
provides for disaster districts. 13
(2) On the commencement, a former disaster district is taken to be a 14
disaster district under this Act. 15
(3) In this section-- 16
"former disaster district" means a disaster district constituted under the 17
repealed Act, section 20(1),17 by gazette notice in force immediately 18
before the commencement. 19
159 Disaster district coordinators 20
(1) This section applies to a person who, immediately before the 21
commencement, was the disaster district coordinator for a former control 22
group. 23
(2) On the commencement, the person is taken to be appointed, under 24
section 25(1)(a), as the district disaster coordinator of the district group that 25
is established for the disaster district in relation to which the person was the 26
disaster district coordinator. 27
17 The repealed Act, section 20 (Disaster districts)
s 160 78 s 162
Disaster Management Bill 2003
160 Other members of former control groups 1
(1) This section applies to a person, other than a disaster district 2
coordinator, who was a member of a former control group immediately 3
before the commencement. 4
(2) On the commencement, the person is taken to be appointed, under 5
section 24, as a member of the district group that is established for the 6
disaster district in relation to which the person was a member of the former 7
control group. 8
161 Particular local governments under the repealed Act 9
(1) This section applies to a local government that, immediately before 10
the commencement, was united with another local government, under the 11
repealed Act, section 26(2),18 for the purpose of arranging and carrying out 12
counterdisaster measures. 13
(2) On the commencement, the local governments are taken to be a 14
combined local government under parts 2 and 3 of this Act. 15
162 Provision about declaration under the repealed Act 16
(1) This section applies if a declaration, under the repealed Act, 17
section 23 or 24,19 that a state of disaster exists is in force immediately 18
before the commencement. 19
(2) Despite the repeal of the repealed Act-- 20
(a) the declaration continues in force; and 21
(b) the repealed Act continues to apply as if this Act had not 22
commenced. 23
(3) The declaration continues in force, and the repealed Act continues to 24
apply, until the declaration is revoked by a regulation under this Act or 25
otherwise ends under the repealed Act. 26
(4) For subsection (2), the Acts Interpretation Act 1954, section 2020 27
applies, but does not limit the subsection. 28
18 The repealed Act, section 26 (Duties as to counter-disaster measures)
19 The repealed Act, section 23 (Power of disaster district coordinator to declare state
of disaster) or 24 (Power of Governor in Council to declare state of disaster)
20 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
s 163 79 s 165
Disaster Management Bill 2003
163 Compensation for exercise of powers under the repealed Act 1
(1) This section applies if-- 2
(a) a declaration under the repealed Act, section 23 or 24, is 3
continued in force under section 162; and 4
(b) a person suffers loss or damage to the person's property because 5
of the exercise, or purported exercise, of a power under the 6
repealed Act, section 25(2)(a)(i) or (b)(iii)21 in relation to the 7
declaration. 8
(2) Despite the repealed Act, section 25(4) and (5), the person may apply 9
for compensation for the loss or damage under section 12122 of this Act. 10
(3) Part 11, division 1, applies to the application as if it were an 11
application for loss or damage because of the exercise, or purported 12
exercise, of a power under section 77(1)(h) or 78(1). 13
(4) The repealed Act, section 25(4) and (5), does not apply in relation to 14
an application for compensation for the loss or damage. 15
164 Application for compensation under the repealed Act 16
(1) This section applies if, immediately before the commencement-- 17
(a) a person is entitled to apply for compensation under the repealed 18
Act, section 25(4), for loss or damage to the person's property; 19
and 20
(b) section 163 of this Act does not apply to the loss or damage. 21
(2) The person may apply for compensation under the repealed Act as if 22
this Act had not commenced. 23
165 Transitional regulation-making power 24
(1) A regulation (a "transitional regulation") may make provision of a 25
saving or transitional nature for which-- 26
(a) it is necessary to make provision to allow or facilitate the doing 27
of anything to achieve the transition from the operation of the 28
repealed Act to the operation of this Act; and 29
21 The repealed Act, section 25 (Powers upon declaration of state of disaster)
22 Section 121 (Applying for compensation)
s 166 80 s 168
Disaster Management Bill 2003
(b) this Act does not make provision or sufficient provision. 1
(2) A transitional regulation may have retrospective operation to a day 2
not earlier than the commencement. 3
(3) A transitional regulation must declare it is a transitional regulation. 4
(4) This section and any transitional regulation expire 1 year after the 5
commencement. 6
PART 15--AMENDMENTS 7
Division 1--Amendment of Fire and Rescue Service Act 1990 8
166 Act amended in div 1 9
This division amends the Fire and Rescue Service Act 1990. 10
167 Amendment of s 35 (Functions of council) 11
Section 35(2), `section 49(a) and (b)'-- 12
omit, insert-- 13
`section 49'. 14
168 Replacement of pt 5 (The Rural Fire Council) 15
Part 5-- 16
omit, insert-- 17
`PART 5--RURAL FIRE ADVISORY COUNCIL 18
`47 Definition for pt 5 19
`In this part-- 20
"council" means the Rural Fire Advisory Council. 21
s 168 81 s 168
Disaster Management Bill 2003
`48 Rural Fire Council continued in existence 1
`The Rural Fire Council previously established under this Act is 2
continued in existence under the name the Rural Fire Advisory Council. 3
`49 Functions of council 4
`The council's function is to advise the Minister about the following 5
matters-- 6
(a) preparing for, and responding to, fire in rural areas including the 7
operation of rural fire brigades and the fire fighting or fire 8
prevention function of emergency service units; 9
(b) fire safety, fire prevention and the reduction of fire danger in rural 10
areas; 11
(c) using fire as a means of sustainable land management in rural 12
areas; 13
(d) the extent to which the delivery of rural fire services in rural 14
areas-- 15
(i) meets community needs; and 16
(ii) contributes to the achievement of the government's desired 17
outcomes for the community; and 18
(iii) meets community expectations about the use of fire as a 19
means of hazard reduction and sustainable land 20
management; and 21
(iv) impacts on the environment; 22
(e) other matters referred to it by the Minister. 23
`50 Membership of council 24
`(1) The council is to consist of not more than 12 members appointed by 25
the Governor in Council by gazette notice. 26
`(2) The Minister may nominate a person for membership of the council 27
only if the Minister considers the person is competent to assist the council 28
to perform its function. 29
s 168 82 s 168
Disaster Management Bill 2003
`(3) An appointment starts on the later of the following-- 1
(a) the day the gazette notice is published; 2
(b) the day, if any, stated in the gazette notice. 3
`51 Term of appointment 4
`A member of the council holds office for the term, not more than 3 5
years, stated in the member's instrument of appointment. 6
`52 Vacation of office 7
`The office of a member of the council becomes vacant if the member-- 8
(a) resigns office by signed notice given to the Minister; or 9
(b) is removed from office as a member under section 52A. 10
`52A Removal from office 11
`The Governor in Council may remove a member of the council from 12
office if-- 13
(a) the member has become mentally or physically incapable of 14
performing the member's duties; or 15
(b) the Minister is satisfied the member has neglected the member's 16
duties or performed the member's duties incompetently or 17
inefficiently. 18
`52B Chairperson of council 19
`(1) The Governor in Council is to appoint, by gazette notice, a member 20
of the council as the chairperson of the council. 21
`(2) The appointment of a member as chairperson starts on the later of 22
the following-- 23
(a) the day the gazette notice is published; 24
(b) the day, if any, stated in the gazette notice. 25
`(3) A person may be appointed as chairperson by the same gazette 26
notice that appoints the person as a member of the council. 27
s 168 83 s 168
Disaster Management Bill 2003
`(4) The chairperson is to preside at all council meetings at which the 1
chairperson is present. 2
`(5) If the chairperson is not present at a council meeting, a member 3
chosen by the members present at the meeting is to preside. 4
`(6) If appointed as a member of the council, the following are not 5
eligible to be appointed chairperson-- 6
(a) the commissioner; 7
(b) the chief executive; 8
(c) a public service officer. 9
`52C Quorum 10
`A quorum for the council is the number equal to one-half of the number 11
of its members for the time being holding office or, if one-half is not a 12
whole number, the next higher whole number. 13
`52D Conduct of business 14
`Subject to this part, the council may conduct its business, including its 15
meetings, in the way it considers appropriate. 16
`52E Minutes 17
`The council must keep minutes of its meetings. 18
`52F Remuneration of members 19
`A member of the council is entitled to be paid the fees and allowances 20
decided by the Governor in Council.'. 21
s 171 84 s 171
Disaster Management Bill 2003
169 Insertion of new pt 12, div 4 1
After section 188-- 2
insert-- 3
`Division 4--Provision for Disaster Management Act 2003 4
`189 Existing council members to remain in office 5
`(1) This section applies to a person who, immediately before the 6
commencement of this section, was a member of the Rural Fire Council. 7
`(2) On the commencement, the person is taken to be a member of the 8
Rural Fire Advisory Council. 9
`(3) The person's term of appointment ends on the earlier of the 10
following days-- 11
(a) the day the appointment would have ended under the person's 12
instrument of appointment if the Disaster Management Act 2003 13
had not commenced; 14
(b) if the person vacates office other than under paragraph (a), the 15
day of that vacation.'. 16
170 Omission of sch 4 (Matters concerning operation of the rural fire 17
council) 18
Schedule 4-- 19
omit. 20
171 Amendment of sch 6 (Dictionary) 21
Schedule 6-- 22
insert-- 23
` "council", for part 5, see section 47.'. 24
s 172 85 s 174
Disaster Management Bill 2003
Division 2--Amendment of Industrial Relations Act 1999 1
172 Act amended in div 2 2
This division amends the Industrial Relations Act 1999. 3
173 Amendment of s 73 (When is a dismissal unfair) 4
Section 73(2)-- 5
insert-- 6
`(aa) temporary absence from work if-- 7
(i) the absence is-- 8
(A) by an SES member or an ESU member under the 9
Disaster Management Act 2003 and for the purpose of 10
performing an SES function or an ESU function under 11
that Act in an emergency situation; or 12
(B) by a member of a rural fire brigade under the Fire and 13
Rescue Service Act 1990 and for the purpose of 14
performing a function of a rural fire brigade under that 15
Act in an emergency situation; or 16
(C) by an honorary ambulance officer under the Ambulance 17
Service Act 1991 and for the purpose of performing a 18
function of an honorary ambulance officer under that 19
Act in an emergency situation; or 20
(D) by a hazmat advisor under the Dangerous Goods 21
Safety Management Act 2001 and for the purpose of 22
performing a function of a hazmat advisor under that 23
Act in an emergency situation; and 24
(ii) having regard to all the circumstances, the period of absence 25
is reasonable;'. 26
Division 3--Consequential amendments 27
174 Amendments in sch 1 28
Schedule 1 amends the Acts mentioned in it. 29
86
Disaster Management Bill 2003
SCHEDULE 1 1
CONSEQUENTIAL AMENDMENTS 2
section 174 3
ENVIRONMENTAL PROTECTION ACT 1994 4
1 Section 23(2), `State Counter-Disaster Organisation Act 1975'-- 5
omit, insert-- 6
`Disaster Management Act 2003'. 7
FIRE AND RESCUE SERVICE ACT 1990 8
1 Section 19(1), after `brigade,'-- 9
insert-- 10
`a fire coordinator,' 11
2 Section 67(b), after `brigade,'-- 12
insert-- 13
`a member of an emergency service unit,'. 14
3 Section 68(4), definition "prescribed person", after `brigade,'-- 15
insert-- 16
`a fire coordinator,' 17
4 Section 138, heading, `brigade'-- 18
omit. 19
87
Disaster Management Bill 2003
SCHEDULE 1 (continued)
5 Section 138(a) and (b), after `brigade'-- 1
insert-- 2
`or an emergency service unit'. 3
6 Section 138-- 4
insert-- 5
`(2) For subsection (1)(a), training purposes in relation to an emergency 6
service unit only includes training for the purposes of fire fighting or fire 7
prevention.'. 8
7 Schedule 6-- 9
insert-- 10
` "emergency service unit" means an emergency service unit under the 11
Disaster Management Act 2003. 12
"fire coordinator" means a fire coordinator under the Disaster 13
Management Act 2003.'. 14
POLICE POWERS AND RESPONSIBILITIES ACT 2000 15
1 Schedule 1, `State Counter-Disaster Organisation Act 1975'-- 16
omit, insert-- 17
`Disaster Management Act 2003'. 18
88
Disaster Management Bill 2003
SCHEDULE 1 (continued)
PUBLIC SAFETY PRESERVATION ACT 1986 1
1 Section 6, heading-- 2
omit, insert-- 3
`6 Disaster Management Act 2003'. 4
2 Section 6(1), `state of disaster declared pursuant to the State 5
Counter-Disaster Organisation Act 1975'-- 6
omit, insert-- 7
`disaster situation under the Disaster Management Act 2003'. 8
3 Section 6(2), `state of disaster is declared pursuant to the State 9
Counter-Disaster Organisation Act 1975'-- 10
omit, insert-- 11
`disaster situation is declared under the Disaster Management Act 2003'. 12
4 Section 10(2), example, `State Counter-Disaster Organisation Act 13
1975'-- 14
omit, insert-- 15
`Disaster Management Act 2003'. 16
89
Disaster Management Bill 2003
SCHEDULE 1 (continued)
WORKERS' COMPENSATION AND REHABILITATION 1
ACT 2003 2
1 Section 13, heading-- 3
omit, insert-- 4
`13 Particular persons under Disaster Management Act 2003'. 5
2 Section 13(1), `State Counter-Disaster Organisation Act 1975'-- 6
omit, insert-- 7
`Disaster Management Act 2003'. 8
3 Section 13(2), from `cover'-- 9
omit, insert-- 10
`cover-- 11
(a) a member of the State Emergency Service or an emergency 12
service unit under the Disaster Management Act 2003; or 13
(b) a person required to give reasonable help under section 77(1)(q), 14
107(2)(h) or 112(3)(g)23 of that Act; or 15
(c) another person performing a function or exercising a power 16
under that Act.'. 17
4 Section 13(3), `a counterdisaster operation or an emergency 18
related function'-- 19
omit, insert-- 20
`disaster operations or performing an emergency function'. 21
23 Disaster Management Act 2003, section 77 (General powers), 107 (General
provision about powers) or 112 (General powers)
90
Disaster Management Bill 2003
SCHEDULE 1 (continued)
5 Section 13(3), from `training,'-- 1
omit, insert-- 2
`training.'. 3
6 Section 13(4)-- 4
omit, insert-- 5
`(4) In this section 6
"disaster operations" see the Disaster Management Act 2003, section 15. 7
"emergency function" means a function of the State Emergency Service 8
or an emergency service unit under the Disaster Management Act 9
2003.'. 10
91
Disaster Management Bill 2003
SCHEDULE 2 1
DICTIONARY 2
section 11 3
"ambulance officer" means-- 4
(a) a government ambulance officer; or 5
(b) a non-government ambulance officer. 6
"area", of a combined local government, means the areas of the local 7
governments that are a part of the combined local government. 8
"area", of a local group, means-- 9
(a) if the local group is established by a local government--the area 10
of the local government; or 11
(b) if the local group is established by a combined local 12
government--the area of the combined local government. 13
"authorised person", for part 10, see section 113. 14
"authorised rescue officer" means a person appointed as an authorised 15
rescue officer under section 100. 16
"central control group", for part 14, division 2, see section 150. 17
"chairperson", of the State group, means the person appointed or acting as 18
the chairperson of the group under section 20. 19
"combined local government"-- 20
(a) for part 2--see section 31; and 21
(b) for part 3--see section 61. 22
"commencement", for part 14, division 2, see section 150. 23
"declared area" means-- 24
(a) for a disaster situation declared under section 64(1)--the disaster 25
district, or the part of the disaster district, for which the disaster 26
situation is declared; or 27
(b) for a disaster situation declared under section 69--the State or, if 28
the disaster situation is declared for a part of the State, the part. 29
92
Disaster Management Bill 2003
SCHEDULE 2 (continued)
"declared disaster officer", for a disaster situation, means-- 1
(a) a police officer; or 2
(b) a person authorised under section 75(1) to exercise declared 3
disaster powers for the disaster situation. 4
"declared disaster powers" means the powers of a district disaster 5
coordinator or a declared disaster officer under sections 77 and 78. 6
"disaster" see section 13. 7
"disaster district" means a part of the State prescribed under a regulation 8
as a disaster district. 9
"disaster district coordinator", for part 14, division 2, see section 150. 10
"disaster management" see section 14. 11
"disaster management group" means the State group, a district group or 12
a local group. 13
"disaster management guidelines" means the guidelines prepared by the 14
chief executive under section 63(1). 15
"disaster management plan" means a plan prepared under part 3. 16
"disaster operations" see section 15. 17
"disaster situation" means a disaster situation declared under 18
section 64(1) or 69. 19
"district disaster coordinator" means a person appointed as a district 20
disaster coordinator under section 25. 21
"district disaster management plan" see section 53(1). 22
"district group" see section 22. 23
"emergency related function" means a function of a type mentioned in 24
section 82(a), (b) or (c) for the SES. 25
"emergency service area" see section 89(1). 26
"emergency service unit" means an emergency service unit established 27
under section 89(1). 28
"ESU function" means a function of an ES unit under section 90(1). 29
"ESU member" means a member of an ES unit. 30
"ES unit" see section 89(1). 31
93
Disaster Management Bill 2003
SCHEDULE 2 (continued)
"ES unit coordinator" means a person appointed as an ES unit 1
coordinator under section 94(1). 2
"ES vehicle" means a vehicle of an ES unit. 3
"event" see section 16. 4
"executive officer", of the State group, means the person who is the 5
executive officer of the group under section 19(3). 6
"Fire Act" means the Fire and Rescue Service Act 1990. 7
"fire coordinator", for an ES unit, means the person appointed as the fire 8
coordinator of the unit under section 97(1). 9
"fire officer" means-- 10
(a) a government fire officer; or 11
(b) a non-government fire officer. 12
"fire prevention" includes taking measures in readiness for fire to reduce 13
potential danger to persons, property or the environment. 14
"former control group", for part 14, division 2, see section 150. 15
"former SES", for part 14, division 2, see section 150. 16
"government ambulance officer" means an ambulance officer under the 17
Ambulance Service Act 1991. 18
"government doctor" means a registrant under the Medical Practitioners 19
Registration Act 2001 who is employed in the department within 20
which that Act is administered. 21
"government fire officer" means a fire officer under the Fire Act. 22
"government health officer" means-- 23
(a) a government doctor; or 24
(b) a government nurse. 25
"government nurse" means a registered nurse under the Nursing Act 1992 26
who is employed in the department within which that Act is 27
administered. 28
"health officer" means-- 29
(a) a government health officer; or 30
(b) a non-government health officer. 31
94
Disaster Management Bill 2003
SCHEDULE 2 (continued)
"local controller", of an SES unit, means the person appointed as the local 1
controller of the unit under section 85(1). 2
"local disaster management plan" see section 57(1). 3
"local group" see section 29. 4
"non-government ambulance officer" means a person performing 5
functions of an ambulance officer for an ambulance service other than 6
the Queensland Ambulance Service. 7
"non-government doctor" means-- 8
(a) a registrant under the Medical Practitioners Registration Act 9
2001 who is not a government doctor; or 10
(b) a person who is a medical practitioner under a law of another 11
State. 12
"non-government fire officer" means a person performing functions of a 13
fire officer for a fire authority, brigade or service other than the 14
Queensland Fire and Rescue Service. 15
"non-government health officer" means-- 16
(a) a non-government doctor; or 17
(b) a non-government nurse. 18
"non-government nurse" means-- 19
(a) a registered nurse under the Nursing Act 1992 who is not a 20
government nurse; or 21
(b) a person registered as a nurse under a law of another State. 22
"period", of a disaster situation, means the period the declaration of the 23
disaster situation is in force under this Act. 24
"place" includes-- 25
(a) land or premises; and 26
(b) a vehicle. 27
"premises" includes a building or structure, or part of a building or 28
structure, of any type. 29
95
Disaster Management Bill 2003
SCHEDULE 2 (continued)
"relevant district disaster coordinator" means-- 1
(a) for a disaster situation declared under section 64(1) for a disaster 2
district or part of a district--the district disaster coordinator for 3
the district; or 4
(b) for a disaster situation declared under section 69--a district 5
disaster coordinator for a disaster district that is in, or partly in, 6
the declared area for the disaster situation. 7
"relevant local government", for a local group, means the local 8
government or combined local government that establishes the group 9
under section 29. 10
11
Note--
12
A combined local government may establish a local group under section 29 as
13
applied by section 32(2).
"repealed Act" means the State Counter-Disaster Organisation Act 1975. 14
"rescue powers" means the powers under sections 111 and 112. 15
"SES" see section 81. 16
"SES function" means a function of the SES under section 82. 17
"SES member" means a person who is appointed, under section 84(1), as 18
an SES member. 19
"SES unit" means a group of SES members that performs SES functions 20
in the area of a local government. 21
"SES vehicle" means a vehicle of the SES. 22
"State disaster management plan" see section 49(1). 23
"State Emergency Service" means the State Emergency Service 24
established under section 81. 25
"State group" see section 17. 26
"vehicle" means anything used for carrying anything or any person by 27
land, water or air. 28
© State of Queensland 2003
AMENDMENTS TO BILL
1
Disaster Management Bill 2003
DISASTER MANAGEMENT BILL 2003
AMENDMENT AGREED TO IN COMMITTEE
1 After clause 164--
At page 79, after line 23--
insert--
`164A Local controllers under the repealed Act
`(1) This section applies to a person who, immediately before the
commencement, was the local controller, under the repealed Act,
section 26(5), of a local emergency service under that Act.
`(2) On the commencement, the person is taken to be appointed under
section 85(1) as the local controller of the SES unit for--
(a) the area of the local government for which the local emergency
service was established under the repealed Act; or
(b) if the local emergency service was established under the repealed
Act, section 26(3)--the area of each local government in the
combined areas for which the service was established under that
Act.'.
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