Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
EMERGENCY SERVICES
LEGISLATION AMENDMENT
BILL 2001
Queensland
EMERGENCY SERVICES LEGISLATION
AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF AMBULANCE SERVICE ACT 1991
2 Act amended in pt 2 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Replacement of ss 3A, 3B and 3C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3A Establishment of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3B Membership of service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 3D (Service's functions) . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Replacement of s 3E and pt 2, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3E Chief executive's responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 9 (Role of commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 13 (Employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Replacement of ss 19, 20 and 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
19 Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Insertion of new pt 8, div 3-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3--Provisions for Emergency Services Legislation Amendment
Act 2001
69 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
70 Former service dissolved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
71 Superannuation entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
72 References to former service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
73 Vesting of assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
74 Legal or disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Emergency Services Legislation Amendment Bill 2001
75 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
76 Service officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
77 Conditions of employment of transferred officers . . . . . . . . . . . . . . . 11
78 Honorary ambulance officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
79 Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
80 Duty to help transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
81 Things taken to have been done etc. by commissioner . . . . . . . . . . . 12
82 Things taken to have been done etc. by chief executive . . . . . . . . . . 12
83 Other things taken to have been done etc. by chief executive . . . . . . 13
84 Other things taken to have been done etc. by the State . . . . . . . . . . . 13
85 Closure of Ambulance Service Fund . . . . . . . . . . . . . . . . . . . . . . . . 13
86 Transitional regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . 14
PART 3--AMENDMENT OF FIRE AND RESCUE AUTHORITY
ACT 1990
11 Act amended in pt 3 and sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Replacement of s 1 (Short title). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Replacement of pt 2, hdg and divs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 1--Queensland Fire and Rescue Service
8 Establishment of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8A Membership of service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8B Functions of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
8C Chief executive's responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Amendment of s 12 (Role of chief commissioner) . . . . . . . . . . . . . . . . . . . . 17
17 Omission of ss 19A and 19B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Amendment of s 20 (Fund) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Omission of ss 22 to 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Replacement of s 25 (Staff of authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Staff of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Amendment of s 26 (Conditions of employment). . . . . . . . . . . . . . . . . . . . . 19
22 Amendment of s 107 (Liability to contribute). . . . . . . . . . . . . . . . . . . . . . . . 19
3
Emergency Services Legislation Amendment Bill 2001
23 Insertion of new pt 12, div 3-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3--Provisions for Emergency Services Legislation Amendment
Act 2001
172 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
173 Authority dissolved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
174 Superannuation entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
175 References to authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
176 Vesting of assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
177 Legal or disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
178 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
179 Fire service officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
180 Conditions of employment of transferred officers . . . . . . . . . . . . . . . 21
181 Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
182 Duty to help transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
183 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
184 Things taken to have been done etc. by commissioner . . . . . . . . . . . 22
185 Things taken to have been done etc. by chief executive . . . . . . . . . . 22
186 Other things taken to have been done etc. by chief executive . . . . . . 23
187 Other things taken to have been done etc. by the State . . . . . . . . . . . 23
188 Closure of QFRA Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
189 Transitional regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . 24
24 Amendment to replace certain references relating to `chief commissioner' with
`commissioner' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 4--AMENDMENT OF OTHER LEGISLATION
25 Amendments--sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 26
AMENDMENTS OF AMBULANCE SERVICE ACT 1991
5 Sections 36 and 40, `service'--. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 28
AMENDMENTS OF FIRE AND RESCUE AUTHORITY ACT 1990
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 39
AMENDMENTS OF ACT AND REGULATIONS
2001
A BILL
FOR
An Act to amend the Ambulance Service Act 1991 and the Fire and
Rescue Authority Act 1990, and for other purposes
s1 6 s4
Emergency Services Legislation Amendment Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Emergency Services Legislation 4
Amendment Act 2001. 5
PART 2--AMENDMENT OF AMBULANCE SERVICE 6
ACT 1991 7
2 Act amended in pt 2 and sch 1
Clause 8
This part and schedule 1 amend the Ambulance Service Act 1991. 9
3 Amendment of s 2 (Definitions)
Clause 10
Section 2, definition "chief executive officer"-- 11
omit. 12
4 Replacement of ss 3A, 3B and 3C
Clause 13
Sections 3A, 3B and 3C-- 14
omit, insert-- 15
`3A Establishment of service 16
`The Queensland Ambulance Service is established. 17
`3B Membership of service 18
`The service consists of-- 19
(a) the commissioner; and 20
s5 7 s7
Emergency Services Legislation Amendment Bill 2001
(b) ambulance officers, medical officers and other staff members 1
employed under section 13.'. 2
5 Amendment of s 3D (Service's functions)
Clause 3
Section 3D(i)-- 4
omit. 5
6 Replacement of s 3E and pt 2, div 2
Clause 6
Section 3E and part 2, division 2-- 7
omit, insert-- 8
`3E Chief executive's responsibility 9
`(1) The chief executive is responsible for the way the service performs 10
its functions. 11
`(2) Without limiting subsection (1), the chief executive is responsible 12
for-- 13
(a) defining the objectives, strategies and policies to be followed by 14
the service; and 15
(b) ensuring the service performs its functions in an appropriate, 16
effective and efficient way. 17
18
Example--
19
The chief executive could establish performance measures for the service.
`(3) This section does not affect the chief executive's responsibilities for 20
the department under another Act.'. 21
7 Amendment of s 9 (Role of commissioner)
Clause 22
(1) Section 9(1)-- 23
omit, insert-- 24
`(1) The commissioner must, in accordance with the objectives, 25
strategies and policies defined by the chief executive-- 26
(a) manage the service's operations; and 27
(b) perform the commissioner's functions and exercise the 28
commissioner's powers under this Act.'. 29
s8 8 s9
Emergency Services Legislation Amendment Bill 2001
(2) Section 9(3)-- 1
omit. 2
8 Amendment of s 13 (Employees)
Clause 3
(1) Section 13, `service'-- 4
omit, insert-- 5
`chief executive'. 6
(2) Section 13(1)(b)-- 7
omit, insert-- 8
`(b) as medical officers; and 9
(c) as other staff members;'. 10
9 Replacement of ss 19, 20 and 21
Clause 11
Sections 19, 20 and 21-- 12
omit, insert-- 13
`19 Fund 14
`(1) The Queensland Ambulance Service Fund is established. 15
`(2) The Financial Administration and Audit Act 1977 applies to the 16
fund. 17
`(3) Accounts for the fund must be kept as part of the departmental 18
accounts of the department. 19
`(4) Amounts received for the fund must be deposited in a departmental 20
financial-institution account of the department but may be deposited in an 21
account used for depositing other amounts of the department. 22
`(5) Amounts received for the fund include the following received by the 23
service-- 24
(a) amounts received as charges for the use of ambulance services, 25
or as subscriptions paid to the service; 26
(b) amounts received by the department from other sources for the 27
fund or amounts that must be paid into the fund; 28
s 10 9 s 10
Emergency Services Legislation Amendment Bill 2001
(c) amounts received for the disposal of an asset that the chief 1
executive considers was purchased substantially with amounts 2
paid from the fund or the previous fund; 3
(d) interest from investment of the fund. 4
`(6) An amount is payable from the fund for the purposes of this Act. 5
`(7) In this section-- 6
"departmental accounts", of the department, means the accounts of the 7
department under the Financial Administration and Audit Act 1977, 8
section 12. 9
"departmental financial-institution account", of the department, means 10
an account of the department kept under the Financial Administration 11
and Audit Act 1977, section 18. 12
"other amounts", of the department, means amounts received by the 13
department other than amounts received for the fund. 14
"previous fund" means the Ambulance Service Fund mentioned in the 15
Financial Administration and Audit Act 1977, schedule 2, 16
immediately before the commencement of this section.'. 17
10 Insertion of new pt 8, div 3--
Clause 18
After part 8, division 2-- 19
insert-- 20
`Division 3--Provisions for Emergency Services Legislation Amendment 21
Act 2001 22
`69 Definitions for div 3 23
`In this division-- 24
"Act after amendment" means the Ambulance Service Act 1991 as in 25
force immediately after the commencement. 26
"Act before amendment" means the Ambulance Service Act 1991 as in 27
force immediately before the commencement. 28
"amendment Act" means the Emergency Services Legislation Amendment 29
Act 2001. 30
"commencement" means the commencement of the amendment Act. 31
s 10 10 s 10
Emergency Services Legislation Amendment Bill 2001
"former service" means the Queensland Ambulance Service in existence 1
immediately before the commencement. 2
"transferred officer" means a person taken to be employed as a service 3
officer under section 76. 4
`70 Former service dissolved 5
`The corporate entity that is the former service is dissolved. 6
`71 Superannuation entitlements 7
`The amendment Act does not-- 8
(a) affect the continuation of a transferred officer as an employed 9
member for the purposes of the Superannuation (State Public 10
Sector) Deed 1990; or 11
(b) otherwise affects any superannuation of a transferred officer. 12
`72 References to former service 13
`A reference in an Act or document in existence immediately before the 14
commencement to the former service is, if the context permits, taken to be 15
a reference to the State. 16
`73 Vesting of assets 17
`On the commencement, the assets, rights and liabilities of the former 18
service vest in the State. 19
`74 Legal or disciplinary proceedings 20
`(1) A legal proceeding relating to something that happened before the 21
commencement that could have been started or continued by or against the 22
former service if the Amendment Act had not been passed may from the 23
commencement be started or continued by or against the State. 24
`(2) A disciplinary proceeding relating to something that happened 25
before the commencement that could have been started or continued by the 26
former service if the Amendment Act had not been passed may from the 27
commencement be started or continued by the chief executive. 28
s 10 11 s 10
Emergency Services Legislation Amendment Bill 2001
`75 Suspension 1
`The suspension of a service officer in force immediately before the 2
commencement is taken, from the commencement, to continue in force 3
under this Act. 4
`76 Service officers 5
`A person who, immediately before the commencement, was employed 6
as a service officer of the former service is, on the commencement, taken to 7
be employed as a service officer of an equivalent class for the service. 8
`77 Conditions of employment of transferred officers 9
`(1) The conditions of employment applying to a transferred officer must 10
be no less favourable than the conditions that applied to the officer 11
immediately before the commencement. 12
`(2) A transferred officer remains entitled to all rights accrued or 13
accruing to the officer as an employee of the former service. 14
`(3) Without limiting subsection (2), a transferred officer is entitled to 15
receive annual, sick and long service leave and any similar entitlements 16
accrued or accruing to the officer as an employee of the former service. 17
`(4) Subsection (1) does not limit section 13. 18
`78 Honorary ambulance officers 19
`A person who, immediately before the commencement, was an 20
honorary ambulance officer with the former service is taken, on the 21
commencement, to be appointed as an honorary ambulance officer for the 22
service. 23
`79 Trusts 24
`Any property that, immediately before the commencement, was held in 25
trust by the former service, on the commencement, vests in the State on the 26
same trusts to which the property was subject immediately before the 27
vesting. 28
s 10 12 s 10
Emergency Services Legislation Amendment Bill 2001
`80 Duty to help transfer of property 1
`(1) The registrar of titles and all persons who keep registers of dealings 2
in property must, if asked by the chief executive, make in the register all 3
entries necessary to record the vesting of property in the State by this 4
division. 5
`(2) A request under this section is not liable to fees or stamp duty. 6
`81 Things taken to have been done etc. by commissioner 7
`(1) Anything declared, done, given, granted, made or issued by the 8
commissioner under a commissioner's section and in force, or having 9
effect, immediately before the commencement is, from the 10
commencement, taken to have been declared, done, given, granted, made 11
or issued by the commissioner. 12
`(2) If the action mentioned in subsection (1) involves a period of time, 13
the subsection must not be taken to extend or otherwise affect the period. 14
`(3) In this section-- 15
"commissioner's section" means a section that, immediately before the 16
commencement, referred to action of the commissioner as 17
commissioner of the former service and after the commencement 18
refers to action of the commissioner of the service. 19
`82 Things taken to have been done etc. by chief executive 20
`(1) Anything declared, done, given, granted, made or issued by the 21
commissioner under a chief executive's section and in force, or having 22
effect, immediately before the commencement is, from the 23
commencement, taken to have been declared, done, given, granted, made 24
or issued by the chief executive. 25
`(2) If the action mentioned in subsection (1) involves a period of time, 26
the subsection must not be taken to extend or otherwise affect the period. 27
`(3) In this section-- 28
"chief executive's section" means a section that, immediately before the 29
commencement, referred to action of the commissioner and after the 30
commencement refers to action of the chief executive. 31
s 10 13 s 10
Emergency Services Legislation Amendment Bill 2001
`83 Other things taken to have been done etc. by chief executive 1
`(1) Anything declared, done, given, granted, made or issued by the 2
former service under a chief executive's section and in force, or having 3
effect, immediately before the commencement is, from the 4
commencement, taken to have been declared, done, given, granted, made 5
or issued by the chief executive. 6
`(2) If the action mentioned in subsection (1) involves a period of time, 7
the subsection must not be taken to extend or otherwise affect the period. 8
`(3) In this section-- 9
"chief executive's section" means a section that, immediately before the 10
commencement, referred to action of the former service and after the 11
commencement refers to action of the chief executive. 12
`84 Other things taken to have been done etc. by the State 13
`(1) Anything declared, done, given, granted, made or issued by the 14
former service under a State's section and in force, or having effect, 15
immediately before the commencement is, from the commencement, taken 16
to have been declared, done, given, granted, made or issued by the State. 17
`(2) If the action mentioned in subsection (1) involves a period of time, 18
the subsection must not be taken to extend or otherwise affect the period. 19
`(3) In this section-- 20
"State's section" means a section that, immediately before the 21
commencement, referred to action of the former service and after the 22
commencement refers to action by the State. 23
`85 Closure of Ambulance Service Fund 24
`(1) On the commencement-- 25
(a) the Ambulance Service Fund is closed; and 26
(b) the chief executive must record the closing balance of the 27
accounts for the Ambulance Service Fund as the opening balance 28
of the accounts for the new fund. 29
`(2) An entry that, apart from subsection (1), would need to be made in 30
the accounts for the Ambulance Service Fund must be made in the accounts 31
for the new fund. 32
s 11 14 s 12
Emergency Services Legislation Amendment Bill 2001
`(3) In this section-- 1
"Ambulance Service Fund" means the Ambulance Service Fund 2
mentioned in the Financial Administration and Audit Act 1977, 3
schedule 2, immediately before the commencement of this section. 4
"new fund" means the Queensland Ambulance Service Fund established 5
under section 19. 6
`86 Transitional regulation-making power 7
`(1) A regulation (a "transitional regulation") may make provision 8
about a matter for which-- 9
(a) it is necessary to make provision to allow or facilitate the doing 10
of anything to achieve the transition from the operation of the Act 11
before amendment to the operation of the Act after amendment; 12
and 13
(b) the amendment Act does not make provision or sufficient 14
provision. 15
`(2) A transitional regulation must declare it is a transitional regulation. 16
`(3) This section and any transitional regulation expire 1 year after the 17
commencement.'. 18
PART 3--AMENDMENT OF FIRE AND RESCUE 19
AUTHORITY ACT 1990 20
11 Act amended in pt 3 and sch 2
Clause 21
This part and schedule 2 amend the Fire and Rescue Authority Act 1990. 22
12 Amendment of title
Clause 23
Title, `Authority'-- 24
omit, insert-- 25
`Service'. 26
s 13 15 s 15
Emergency Services Legislation Amendment Bill 2001
13 Replacement of s 1 (Short title)
Clause 1
Section 1-- 2
omit, insert-- 3
`1 Short title 4
`This Act may be cited as the Fire and Rescue Service Act 1990.'. 5
14 Amendment of s 6 (Definitions)
Clause 6
(1) Section 6, definitions "authority", "chief commissioner", "chief 7
executive officer", "fire authority officer" and "fire officer"-- 8
omit. 9
(2) Section 6-- 10
insert-- 11
`"commissioner" means the commissioner of the service. 12
"fire officer" means a person employed in the service who has the 13
functions of fire prevention and fire control, and includes a person 14
employed under this Act who is undergoing training as a fire officer. 15
"fire service officer" means a person employed under section 25. 16
"fund" means the Queensland Fire and Rescue Service Fund established 17
under section 20(1). 18
"service" means the Queensland Fire and Rescue Service.'. 19
15 Replacement of pt 2, hdg and divs 1 and 2
Clause 20
Part 2, heading and divisions 1 and 2-- 21
omit, insert-- 22
`PART 2--QUEENSLAND FIRE AND RESCUE SERVICE 23
`Division 1--Queensland Fire and Rescue Service 24
`8 Establishment of service 25
`The Queensland Fire and Rescue Service is established. 26
s 15 16 s 15
Emergency Services Legislation Amendment Bill 2001
`8A Membership of service 1
`The service consists of-- 2
(a) the commissioner; and 3
(b) fire service officers. 4
`8B Functions of service 5
`The functions of the service are-- 6
(a) to protect persons, property and the environment from fire and 7
chemical incidents; and 8
(b) to protect persons trapped in a vehicle or building or otherwise 9
endangered, to the extent that the service's personnel and 10
equipment can reasonably be deployed or used for the purpose; 11
and 12
(c) to provide an advisory service, and undertake other measures, to 13
promote-- 14
(i) fire prevention and fire control; and 15
(ii) safety and other procedures if a fire or chemical incident 16
happens; and 17
(d) to cooperate with any entity that provides an emergency service; 18
and 19
(e) to perform other functions given to the service under this Act or 20
another Act; and 21
(f) to perform functions incidental to its other functions; and 22
(g) to identify and market products and services incidental to its 23
functions. 24
`8C Chief executive's responsibility 25
`(1) The chief executive is responsible for the way the service performs 26
its functions. 27
`(2) Without limiting subsection (1), the chief executive is responsible 28
for-- 29
(a) defining the objectives, strategies and policies to be followed by 30
the service; and 31
s 16 17 s 18
Emergency Services Legislation Amendment Bill 2001
(b) ensuring the service performs its functions in an appropriate, 1
effective and efficient way. 2
3
Example--
4
The chief executive could establish performance measures for the service.
`(3) This section does not affect the chief executive's responsibilities for 5
the department under another Act.'. 6
16 Amendment of s 12 (Role of chief commissioner)
Clause 7
(1) Section 12(1)-- 8
omit, insert-- 9
`(1) The commissioner must, under the objectives, strategies and policies 10
defined by the chief executive-- 11
(a) manage the service's operations; and 12
(b) perform the commissioner's functions and exercise the 13
commissioner's powers under this Act.'. 14
(2) Section 12(3)-- 15
omit. 16
17 Omission of ss 19A and 19B
Clause 17
Sections 19A and 19B-- 18
omit. 19
18 Amendment of s 20 (Fund)
Clause 20
(1) Section 20(1)-- 21
omit, insert-- 22
`(1) The Queensland Fire and Rescue Service Fund is established.'. 23
(2) Section 20(2)-- 24
omit, insert-- 25
`(2) Amounts received for the fund include the following received by the 26
department-- 27
s 19 18 s 20
Emergency Services Legislation Amendment Bill 2001
(a) amounts received for prescribed property as contributions under 1
part 10;1 2
(b) amounts received by the department from other sources for the 3
fund or amounts that must be paid into the fund; 4
(c) amounts received for the disposal of an asset that the chief 5
executive considers was purchased substantially with amounts 6
paid from the fund or the QFRA Fund; 7
(d) interest from investment of the fund.'. 8
(3) Section 20(3)-- 9
insert-- 10
` "QFRA Fund" means the QFRA Fund mentioned in the Financial 11
Administration and Audit Act 1977, schedule 2, immediately before 12
the commencement of the Emergency Services Legislation
Amendment Act 2001.'. 13
(4) Section 20(1A), (1B), (2) and (3)-- 14
renumber as section 20(2), (3), (4) and (7). 15
(5) Section 20-- 16
insert-- 17
`(5) An amount is payable from the fund for the purposes of this Act. 18
`(6) The Financial and Audit Act 1977 applies to the fund.'. 19
19 Omission of ss 22 to 24
Clause 20
Sections 22 to 24-- 21
omit. 22
20 Replacement of s 25 (Staff of authority)
Clause 23
Section 25-- 24
omit, insert-- 25
1 Part 10 (Funding)
s 21 19 s 23
Emergency Services Legislation Amendment Bill 2001
`25 Staff of service 1
`The chief executive may employ the persons the chief executive 2
considers necessary to perform the service's functions.'. 3
21 Amendment of s 26 (Conditions of employment)
Clause 4
(1) Section 26(1), `by the authority'-- 5
omit, insert-- 6
`under section 25'. 7
(2) Section 26(1), `as the authority'-- 8
omit, insert-- 9
`as the chief executive'. 10
22 Amendment of s 107 (Liability to contribute)
Clause 11
(1) Section 107(2), `to the authority'-- 12
omit, insert-- 13
`to the department, for the fund'. 14
(2) Section 107(2)(a), `(as established by the budget of the authority 15
approved for that year)'-- 16
omit. 17
23 Insertion of new pt 12, div 3--
Clause 18
After part 12, division 2-- 19
insert-- 20
`Division 3--Provisions for Emergency Services Legislation Amendment 21
Act 2001 22
`172 Definitions for div 3 23
`In this division-- 24
"Act after amendment" means the Fire and Rescue Authority Act 1990 as 25
in force immediately after the commencement. 26
s 23 20 s 23
Emergency Services Legislation Amendment Bill 2001
"Act before amendment" means the Fire and Rescue Authority Act 1990 1
as in force immediately before the commencement. 2
"amendment Act" means the Emergency Services Legislation Amendment
Act 2001. 3
"authority" means the authority under this Act immediately before the 4
commencement. 5
"commencement" means the commencement of the amendment Act. 6
"QFRA Fund" means the QFRA Fund that was a continuing fund under 7
the Financial Administration and Audit Act 1977 immediately before 8
the commencement. 9
"transferred officer" means a person taken to be employed as a fire 10
service officer under section 179. 11
`173 Authority dissolved 12
`The corporate entity that is the authority is dissolved. 13
`174 Superannuation entitlements 14
`The amendment Act does not-- 15
(a) affect the continuation of a transferred officer as an employed 16
member for the purposes of the Superannuation (State Public 17
Sector) Deed 1990; or 18
(b) otherwise affects any superannuation of a transferred officer. 19
`175 References to authority 20
`A reference in an Act or document in existence immediately before the 21
commencement to the authority is, if the context permits, taken to be a 22
reference to the State. 23
`176 Vesting of assets 24
`On the commencement, the assets, rights and liabilities of the authority 25
vest in the State. 26
s 23 21 s 23
Emergency Services Legislation Amendment Bill 2001
`177 Legal or disciplinary proceedings 1
`(1) A legal proceeding relating to something that happened before the 2
commencement that could have been started or continued by or against the 3
authority if the Amendment Act had not been passed may from the 4
commencement be started or continued by or against the State. 5
`(2) A disciplinary proceeding relating to something that happened 6
before the commencement that could have been started or continued by the 7
authority if the Amendment Act had not been passed may from the 8
commencement be started or continued by the chief executive. 9
`178 Suspension 10
`The suspension of a fire authority officer in force immediately before 11
the commencement is taken, from the commencement, to continue in force 12
under this Act. 13
`179 Fire service officers 14
`A person who, immediately before the commencement, was employed 15
as a fire authority officer is, on the commencement, taken to be employed 16
as a fire service officer of an equivalent class. 17
`180 Conditions of employment of transferred officers 18
`(1) The conditions of employment applying to a transferred officer must 19
be no less favourable than the conditions that applied to the officer 20
immediately before the commencement. 21
`(2) A transferred officer remains entitled to all rights accrued or 22
accruing to the officer as an employee of the authority. 23
`(3) Without limiting subsection (2), a transferred officer is entitled to 24
receive annual, sick and long service leave and any similar entitlements 25
accrued or accruing to the officer as an employee of the authority. 26
`(4) Subsection (1) does not limit section 26. 27
`181 Trusts 28
`Any property that, immediately before the commencement, was held in 29
trust by the authority, on the commencement, vests in the State on the same 30
trusts to which the property was subject immediately before the vesting. 31
s 23 22 s 23
Emergency Services Legislation Amendment Bill 2001
`182 Duty to help transfer of property 1
`(1) The registrar of titles and all persons who keep registers of dealings 2
in property must, if asked by the chief executive, make in the register all 3
entries necessary to record the vesting of property in the State by this 4
division. 5
`(2) A request under this section is not liable to fees or stamp duty. 6
`183 Appeals 7
`An appeal to the chief commissioner started, but not decided, before the 8
commencement may, from the commencement, be continued and decided 9
by the chief executive after the commencement. 10
`184 Things taken to have been done etc. by commissioner 11
`(1) Anything declared, done, given, granted, made or issued by the chief 12
commissioner under a commissioner's section and in force, or having 13
effect, immediately before the commencement is, from the 14
commencement, taken to have been declared, done, given, granted, made 15
or issued by the commissioner. 16
`(2) If the action mentioned in subsection (1) involves a period of time, 17
the subsection must not be taken to extend or otherwise affect the period. 18
`(3) In this section-- 19
"commissioner's section" means a section that, immediately before the 20
commencement, referred to action of the chief commissioner as chief 21
commissioner of the authority and after the commencement refers to 22
action of the commissioner of the service. 23
`185 Things taken to have been done etc. by chief executive 24
`(1) Anything declared, done, given, granted, made or issued by the chief 25
commissioner under a chief executive's section and in force, or having 26
effect, immediately before the commencement is, from the 27
commencement, taken to have been declared, done, given, granted, made 28
or issued by the chief executive. 29
`(2) If the action mentioned in subsection (1) involves a period of time, 30
the subsection must not be taken to extend or otherwise affect the period. 31
`(3) In this section-- 32
s 23 23 s 23
Emergency Services Legislation Amendment Bill 2001
"chief executive's section" means a section that, immediately before the 1
commencement, referred to action of the chief commissioner and after 2
the commencement refers to action of the chief executive. 3
`186 Other things taken to have been done etc. by chief executive 4
`(1) Anything declared, done, given, granted, made or issued by the 5
authority under a chief executive's section and in force, or having effect, 6
immediately before the commencement is, from the commencement, taken 7
to have been declared, done, given, granted, made or issued by the chief 8
executive. 9
`(2) If the action mentioned in subsection (1) involves a period of time, 10
the subsection must not be taken to extend or otherwise affect the period. 11
`(3) In this section-- 12
"chief executive's section" means a section that, immediately before the 13
commencement, referred to action of the authority and after the 14
commencement refers to action of the chief executive. 15
`187 Other things taken to have been done etc. by the State 16
`(1) Anything declared, done, given, granted, made or issued by the 17
authority under a State's section and in force, or having effect, immediately 18
before the commencement is, from the commencement, taken to have been 19
declared, done, given, granted, made or issued by the State. 20
`(2) If the action mentioned in subsection (1) involves a period of time, 21
the subsection must not be taken to extend or otherwise affect the period. 22
`(3) In this section-- 23
"State's section" means a section that, immediately before the 24
commencement, referred to action of the authority and after the 25
commencement refers to action by the State. 26
`188 Closure of QFRA Fund 27
`(1) On the commencement-- 28
(a) the QFRA Fund is closed; and 29
s 24 24 s 24
Emergency Services Legislation Amendment Bill 2001
(b) the chief executive must record the closing balance of the 1
accounts for the QFRA Fund as the opening balance of the 2
accounts for the new fund. 3
`(2) An entry that, apart from subsection (1), would need to be made in 4
the accounts for the QFRA Fund must be made in the accounts for the new 5
fund. 6
`(3) In this section-- 7
"new fund" means the Queensland Fire and Rescue Service Fund 8
established under section 20. 9
"QFRA Fund" means the QFRA Fund mentioned in the Financial 10
Administration and Audit Act 1977, schedule 2, immediately before 11
the commencement of this section. 12
`189 Transitional regulation-making power 13
`(1) A regulation (a "transitional regulation") may make provision 14
about a matter for which-- 15
(a) it is necessary to make provision to allow or facilitate the doing 16
of anything to achieve the transition from the operation of the Act 17
before amendment to the operation of the Act after amendment; 18
and 19
(b) the amendment Act does not make provision or sufficient 20
provision. 21
`(2) A transitional regulation must declare it is a transitional regulation. 22
`(3) This section and any transitional regulation expire 1 year after the 23
commencement.'. 24
24 Amendment to replace certain references relating to `chief 25
commissioner' with `commissioner'
Clause 26
(1) All references to `chief commissioner'-- 27
omit, insert-- 28
`commissioner'. 29
(2) All references to `Chief commissioner'-- 30
omit, insert-- 31
s 25 25 s 25
Emergency Services Legislation Amendment Bill 2001
`Commissioner'. 1
(3) All references to `chief commissioner's'-- 2
omit, insert-- 3
`commissioner's'. 4
(4) All references to `Chief commissioner's'-- 5
omit, insert-- 6
`Commissioner's'. 7
(5) Subsection (1), (2), (3) or (4) does not apply to amend a reference 8
mentioned in the subsection if another provision of this part or schedule 2 9
amends the reference mentioned in the subsection. 10
(6) Also, subsections (1) to (4) do not apply to section 153 or to part 12, 11
division 1.2 12
PART 4--AMENDMENT OF OTHER LEGISLATION 13
25 Amendments--sch 3
Clause 14
(1) Schedule 3 amends the Act and regulation mentioned in it. 15
(2) The amendment of the regulation in schedule 2 does not affect the 16
power of the Governor in Council to further amend the regulation or to 17
repeal it. 18
2 Section 153 (Evidentiary), part 12 (Savings and transitional provisions),
division 1 (Provisions for Act before commencement of Emergency Services
Legislation Amendment Act 1998)
26
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 1 1
AMENDMENTS OF AMBULANCE SERVICE ACT 1991 2
section 2 3
1 Section 14(1), `, on behalf of the service,'-- 4
omit. 5
2 Sections 16, 17(3) and 50(1), `commissioner'-- 6
omit, insert-- 7
`chief executive'. 8
3 Section 18, `service', 1st and 3rd mention-- 9
omit, insert-- 10
`chief executive'. 11
4 Section 22(1), `service may delegate its'-- 12
omit, insert-- 13
`chief executive may delegate the chief executive's'. 14
5 Sections 36 and 40, `service'-- 15
omit, insert-- 16
`State'. 17
6 Section 39(1), `The service'-- 18
omit, insert-- 19
`The State'. 20
27
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 1 (continued)
7 Section 43(1), `service'-- 1
omit, insert-- 2
`chief executive or the commissioner'. 3
8 Section 47(2), `service'-- 4
omit, insert-- 5
`chief executive'. 6
9 Section 48(1)(c), `owned or'-- 7
omit. 8
10 Section 53-- 9
omit. 10
28
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 2 1
AMENDMENTS OF FIRE AND RESCUE AUTHORITY 2
ACT 1990 3
section 11 4
1 Sections 9(1), 18, 19(1), pt 2, div 4, heading, 19C(3), example, 25A, 5
35(1), 75(4), 104N(2), 140(b), 153(1)(a) and 154(2)(b), 6
`authority'-- 7
omit, insert-- 8
`service'. 9
2 Section 18(1)(b), `Minister'-- 10
omit, insert-- 11
`Minister or chief executive'. 12
3 Section 19C(1), `authority may delegate its'-- 13
omit, insert-- 14
`chief executive may delegate the chief executive's. 15
4 Section 19C, `fire authority'-- 16
omit, insert-- 17
`fire service'. 18
5 Section 19C(2), `by the authority'-- 19
omit, insert-- 20
`by the chief executive'. 21
29
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
6 Section 27, `fire authority'-- 1
omit, insert-- 2
`fire service'. 3
7 Section 27, `employment by the authority'-- 4
insert-- 5
`employment in the service'. 6
8 Section 27, `authorised by the authority'-- 7
insert-- 8
`authorised by the chief executive'. 9
9 Section 28(1), (2) and (4), `fire authority'-- 10
omit, insert-- 11
`fire service'. 12
10 Sections 28(3) and (5), 30(3) and (4), 32(2), (3) and (4), 69(6), 85, 13
98(2), 103, 108(4), 109, 118(3), 122, 123(1), 124, 126, 131, 143(1), 14
144(1), (2) and (13), 145(1), `authority'-- 15
omit, insert-- 16
`chief executive'. 17
11 Section 28(2) and (4), `the authority'-- 18
omit, insert-- 19
`the chief executive'. 20
12 Section 29, `the authority'-- 21
omit, insert-- 22
`the chief executive'. 23
30
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
13 Section 29(a), `fire authority'-- 1
omit, insert-- 2
`fire service'. 3
14 Section 30(1), (2) and 32(1), `fire authority'-- 4
omit, insert-- 5
`fire service'. 6
15 Section 30(1), `the authority'-- 7
omit, insert-- 8
`the chief executive'. 9
16 Section 32(1), `to the authority'-- 10
omit, insert-- 11
`to the chief executive'. 12
17 Section 32(1), `of the authority'-- 13
omit, insert-- 14
`of the service'. 15
18 Section 32(1), `by the authority'-- 16
omit, insert-- 17
`by the chief executive'. 18
19 Section 33(2), `notice under the seal of the authority'-- 19
omit, insert-- 20
`written notice signed by the chief executive'. 21
31
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
20 Section 35(1)(a)(iii), `authority's'-- 1
omit, insert-- 2
`service's'. 3
21 Section 37(4)(c)-- 4
omit, insert-- 5
`(c) the chief executive;'. 6
22 Section 49(a), `and the authority'-- 7
omit. 8
23 Section 53(3), `pay to the authority'-- 9
omit, insert-- 10
`pay to the chief executive'. 11
24 Section 53(3), `by the authority'-- 12
omit. 13
25 Section 53(3), `due to the authority'-- 14
omit, insert-- 15
`due to the State'. 16
26 Section 69(4), `by the authority'-- 17
omit. 18
27 Section 69(4), after `recovered'-- 19
insert-- 20
`by the chief executive'. 21
32
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
28 Section 69(7), `of the authority'-- 1
omit, insert-- 2
`incurred'. 3
29 Section 69(7), `subsection (5)'-- 4
omit, insert-- 5
`subsection (4)'. 6
30 Section 69(7), `property the authority'-- 7
omit, insert-- 8
`property the chief executive'. 9
31 Section 84(1), `authority'-- 10
omit, insert-- 11
`chief executive'. 12
32 Section 84(2), `, the authority'-- 13
omit, insert-- 14
`, the chief executive'. 15
33 Section 84(2), `by the authority'-- 16
omit, insert-- 17
`by the chief executive'. 18
34 Section 84(2) and (3), `property of the authority'-- 19
omit, insert-- 20
`property of the State'. 21
33
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
35 Section 85, heading, `Authority's'-- 1
omit, insert-- 2
`Chief Executive's'. 3
36 Section 104F(2), `the authority's charges for the assistance'-- 4
omit, insert-- 5
`to the chief executive the amounts charged by the chief executive for the 6
assistance'. 7
37 Section 106(2), `chief commissioner'-- 8
omit, insert-- 9
`chief executive'. 10
38 Section 107(1A), `a fire brigade operated by fire officers'-- 11
omit, insert-- 12
`the service'. 13
39 Section 113(6A), `to the authority'-- 14
omit, insert-- 15
`to the State'. 16
40 Section 113(6A), `by the authority'-- 17
omit, insert-- 18
`by the department'. 19
41 Section 118, heading, `authority'-- 20
omit, insert-- 21
`department'. 22
34
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
42 Section 118(1), `authority'-- 1
omit, insert-- 2
`department, for the fund,'. 3
43 Section 119(1), `to the authority any amount payable pursuant 4
to'-- 5
omit, insert-- 6
`an amount payable under'. 7
44 Section 119(1), `to the authority interest'-- 8
omit, insert-- 9
`to the department, for the fund, interest'. 10
45 Section 119(2), `to the authority'-- 11
omit. 12
46 Section 119(2), `by the authority'-- 13
omit, insert-- 14
`by the chief executive'. 15
47 Section 120, `paid to the authority'-- 16
omit, insert-- 17
`paid to the department'. 18
48 Section 120, `due to the authority'-- 19
omit, insert-- 20
`due to the State'. 21
35
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
49 Section 120, `by the authority'-- 1
omit, insert-- 2
`by the State'. 3
50 Section 123(3), `, the authority'-- 4
omit, insert-- 5
`, the chief executive'. 6
51 Section 123(3)(b), `authority'-- 7
omit, insert-- 8
`chief executive'. 9
52 Section 123(3)(c), `under the seal of the authority'-- 10
omit, insert-- 11
`signed by the chief executive'. 12
53 Section 125, `chief commissioner'-- 13
omit, insert-- 14
`chief executive'. 15
54 Section 133, `The authority'-- 16
omit, insert-- 17
`The chief executive'. 18
55 Section 133, `the authority'-- 19
omit, insert-- 20
`the chief executive'. 21
36
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
56 Section 133, `fire authority'-- 1
omit, insert-- 2
`fire service'. 3
57 Section 140, `, the authority'-- 4
omit, insert-- 5
`, the State'. 6
58 Section 140(a), `by the authority or by any fire authority 7
officer'-- 8
omit, insert-- 9
`by any fire service officer'. 10
59 Section 141, `fire authority'-- 11
omit, insert-- 12
`fire service'. 13
60 Section 141(1), `the authority'-- 14
omit, insert-- 15
`the chief executive'. 16
61 Section 141(2), `chief commissioner'-- 17
omit, insert-- 18
`chief executive'. 19
62 Section 142(1), `fire authority'-- 20
omit, insert-- 21
`fire service'. 22
37
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
63 Section 142(1), `the authority'-- 1
omit, insert-- 2
`the State'. 3
64 Section 142, `chief commissioner'-- 4
omit, insert-- 5
`chief executive'. 6
65 Section 142(3), `authority'-- 7
omit, insert-- 8
`State'. 9
66 Section 143(1), `or `Queensland Fire and Rescue Authority','-- 10
omit, insert-- 11
`,`Queensland Fire and Rescue Authority' or `Queensland Fire and 12
Rescue Service','. 13
67 Section 144(13), `chief commissioner'-- 14
omit, insert-- 15
`chief executive'. 16
68 Section 153(1)(f), `by the chief commissioner'-- 17
omit, insert-- 18
`by the chief executive'. 19
69 Section 153(1)(f), `or the authority'-- 20
omit, insert-- 21
`, authority or chief executive'. 22
38
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 2 (continued)
70 Section 153(1)(g), `under the seal of the authority'-- 1
omit, insert-- 2
`signed by the chief executive'. 3
71 Section 153(1)(g)(i), `or authority'-- 4
omit, insert-- 5
`, authority or State'. 6
72 Schedule 4, section 10, `the authority or the police service'-- 7
omit, insert-- 8
`the police service or a fire service officer'. 9
39
Emergency Services Legislation Amendment Bill 2001
SCHEDULE 3 1
AMENDMENTS OF ACT AND REGULATIONS 2
section 25 3
FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 4
1 Schedule 2, all columns for entry for Department of Emergency 5
Services. 6
omit. 7
FIRE AND RESCUE AUTHORITY REGULATION 2001 8
1 Section 1, `Authority'-- 9
omit, insert-- 10
`Service'. 11
2 Section 5(2), `chief commissioner'-- 12
omit, insert-- 13
`commissioner'. 14
3 Section 14, heading, `authority'-- 15
omit, insert-- 16
`department'. 17
18
40
Emergency Services Legislation Amendment Bill 2001
© State of Queensland 2001
[Index] [Search] [Download] [Related Items] [Help]