Disaster Management and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill restructures Queensland's fire and emergency services into two dedicated organisations -- Queensland Fire and Rescue and Rural Fire Service Queensland -- under a new Queensland Fire Department. It also strengthens disaster management governance by clarifying the Police Commissioner's role, expanding the Queensland Reconstruction Authority's functions, and introducing smoke alarm requirements for caravans and motorhomes.
Who it affects
Professional and volunteer firefighters face new organisational structures and leadership requirements. Rural fire brigade volunteers gain better legal protections. Caravan and motorhome owners must install smoke alarms by 2027.
Key changes
- QFES is replaced by two separate fire services: Queensland Fire and Rescue (urban) and Rural Fire Service Queensland (rural), housed under the Queensland Fire Department
- Senior fire service leadership roles now require mandatory firefighting experience, incident control expertise, and fire prevention expertise
- Rural fire brigade volunteers are formally brought into RFSQ with improved civil liability protections, but the Commissioner gains power to appoint and remove members
- The Police Commissioner is confirmed as chief executive of the Disaster Management Act, with the QRA CEO designated as the State Recovery Policy and Planning Coordinator
- Photoelectric smoke alarms become mandatory in all registered caravans and motorised caravans, with full compliance required by 1 January 2027 (maximum fine of 5 penalty units)
- The Queensland Reconstruction Authority gains new functions for coordinating whole-of-government disaster risk assessments and administering financial assistance
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee7 Mar 2024View Hansard
Referred to Community Safety and Legal Affairs Committee
The Community Safety and Legal Affairs Committee examined the Disaster Management and Other Legislation Amendment Bill 2024 over approximately six weeks, receiving 60 written submissions and holding a public hearing with seven stakeholder groups. The committee recommended the bill be passed, finding the proposed structural reforms to establish Queensland Fire and Rescue and Rural Fire Service Queensland as separate entities within the new Queensland Fire Department to be appropriate. However, the committee acknowledged significant concerns from rural fire brigade volunteers about the consultation process, the centralisation of brigade finances, and the impact on brigade autonomy, and encouraged the government to deliver education and awareness programs during implementation.
Key findings (5)
- The committee found the establishment of Queensland Fire and Rescue and Rural Fire Service Queensland as separate fire services within the Queensland Fire Department to be an appropriate structural arrangement.
- Numerous rural fire brigade stakeholders raised serious concerns about inadequate consultation, with some stating they were not consulted on the bill itself, only on the earlier independent review.
- Stakeholders expressed significant concern about the proposed centralisation of brigade finances into a department-controlled banking system, with uncertainty about whether locally raised funds would become state funds.
- The committee was satisfied the bill's provisions enabling the Commissioner to suspend or remove rural fire brigade members included sufficient natural justice protections.
- The committee supported extending smoke alarm obligations to caravans and motorised caravans to improve fire safety in all types of dwellings where people sleep.
Recommendations (2)
- The committee recommends the Disaster Management and Other Legislation Amendment Bill 2024 be passed.
- The committee encourages the Queensland Government to continue to deliver appropriate education and awareness programs to effectively engage both Queensland Fire and Rescue and Rural Fire Service Queensland personnel as part of the implementation of the proposed reforms.
Committee report tabled
▸Second Reading1 May 2024View Hansard
▸15 members spoke4 support4 oppose7 mixed
As Minister for Police and Community Safety, introduced the bills and outlined how they implement recommendations from independent reviews of emergency services and disaster management. Emphasised the importance of supporting volunteers with civil liability protections and record funding of almost $600 million over five years.
“This government acknowledges that its paramount responsibility is the safety of our communities and our people. We take that obligation seriously and we recognise the importance of our emergency services agencies performing the best that they can.”— 2024-04-30View Hansard
As Minister for Fire and Disaster Recovery, spoke in support of the Disaster Management and Other Legislation Amendment Bill. Defended the establishment of Rural Fire Service Queensland within the Queensland Fire Department, arguing that a fully independent service would be unsustainable and would not address volunteer liability concerns.
“For the first time, brigades will be recognised formally as part of Rural Fire Service Queensland, ending years of ambiguity about legal status and volunteer protections.”— 2024-04-30View Hansard
Acknowledged positive elements including civil liability protections and disaster management amendments, but heavily criticised the government's consultation process and treatment of volunteers. Announced the LNP would oppose clause 31 establishing two separate entities within the Queensland Fire Department, and raised numerous unanswered questions from volunteers about asset transfers, funding and operational arrangements.
“To have people with 50 years of service as volunteers talking about walking away is not only heartbreaking but also has the potential to deprive the next generation of volunteers, and our communities of a pool of vital knowledge and experience.”— 2024-04-30View Hansard
Criticised the limited one-week consultation period for rural fire brigades, raised concerns about training availability, brigade finances becoming state money, clause 83 ambiguity on incident controllers, and the lack of smoke alarm requirements for existing caravans.
“Giving the different brigades one week to look over and understand this legislation, along with the confusion that was created in the community, is completely unacceptable for hardworking volunteers who put their lives on the line protecting our houses, protecting our farms and protecting our communities.”— 2024-05-01View Hansard
Supported improvements to disaster response and welcomed additional funding for volunteer organisations, but raised concerns about lack of consultation, mixed messaging to volunteers, and the ability of the Queensland Police Service to manage additional staff and volunteers. Urged better communication and transparency going forward.
“We must support any improvements to the response of agencies to disasters and disaster management.”— 2024-04-30View Hansard
Spoke in support of all four bills, noting committee recommendations to pass them and emphasising the need for efficient and effective emergency services given Queensland's disaster exposure and the growing impact of climate change.
“It is crucial that our emergency services are managed efficiently and effectively, with cooperation at all levels and across all services.”— 2024-04-30View Hansard
Opposed the bills, citing concerns from rural fire brigades in his electorate threatening to resign. Criticised the centralisation of power under the Police Commissioner, the lack of good Samaritan protections, and insufficient consultation with volunteers.
“The bill clearly does not have the support of its most important stakeholders—the Queensland Rural Fire Service—or the local communities they serve.”— 2024-05-01View Hansard
Expressed legitimate concerns about top-down quasi-militaristic structures being imposed on grassroots volunteer organisations, and uncertainty around reallocation of funds. However, accepted the restructure as sensible enough and called for greater investment in community and neighbourhood centres for disaster recovery, as well as Good Samaritan civil liability protections.
“It is worth noting at the outset that there are some quite legitimate concerns about the operational structures that are proposed in the rearrangement under these bills, not least of all the kind of top-down, almost quasi-militaristic structures that are proposed.”— 2024-04-30View Hansard
Spoke in support of the bills, drawing on the experience of the February 2022 floods in her electorate and the life-saving work of emergency services. Welcomed the organisational reforms and the requirement for smoke alarms in caravans and motorhomes.
“Ensuring that our emergency services agencies are designed and supported to respond to the impact of natural disasters is important—which is what these bills will achieve—and it becomes more pressing when we recognise the impact of climate change on extreme weather conditions.”— 2024-04-30View Hansard
Opposed clause 31 as an attack on volunteers. Raised concerns about local control of bushfires being undermined, brigade finances becoming state money under a delegation that can be revoked, and inadequate seven-day consultation period.
“The fact is that this bill, as it relates to rural firies, at best shows a lack of respect for volunteers and at worst is a full-on attack on volunteers.”— 2024-05-01View Hansard
Acknowledged positive disaster management coordination changes but criticised insufficient consultation with rural fire brigades, citing a constituent's surprise that legislation progressed without feedback and the seven-day submission window.
“Such limited consultation and time frames for feedback is completely unacceptable. This is yet another example of the state Labor government's failure to treat Queenslanders with respect and comprehensively listen to their concerns.”— 2024-05-01View Hansard
Supported the overall aim of improving emergency response but flagged concerns about lack of consultation with volunteers, the haste of legislation, and concerns about QPS capacity to absorb additional functions given already low police numbers. Supported the LNP's opposition to clause 31.
“My fear, and the reservation of my colleagues and stakeholders who may be late to detailed and tasky conversations, is that a lack of inclusivity when merging different cultures could derail the effort.”— 2024-05-01View Hansard
Opposed placing all powers of rural fire brigades in the hands of the Police Commissioner, warning it would result in a mass exodus of volunteers. Raised concerns about gaps in disaster relief funding and the decline of RFS membership.
“The RFS has a long, proud tradition, however this appears to be under attack through this bill where the government wants to place all powers of a voluntary rural fire brigade into the hands of the Police Commissioner.”— 2024-05-01View Hansard
As shadow minister for volunteers, thanked volunteers but criticised the limited consultation and debate time. Supported improving emergency response but raised concerns about locally raised brigade funds being preserved and the need for a review of disaster district boundaries.
“The culture of volunteerism must be allowed to continue and flourish across Queensland. The LNP supports any attempt to improve the emergency response of agencies and volunteer groups for regular operations and disaster management.”— 2024-05-01View Hansard
Praised local rural fire brigades and VMR volunteers but raised concerns about rural fire brigade structure, the need for guarantees on locally raised funds, and the minister's insufficient consultation on Marine Rescue Queensland.
“Of significant importance to our local rural firies is a guarantee from the minister that locally raised funds will be preserved for the exclusive use of the brigade to which the donation was made.”— 2024-05-01View Hansard
▸In Detail1 May 2024View Hansard
Amendments 1-2 to clause 34 exempting scientific officers in QFR from certain staffing provisions and defining 'scientific officer' as someone with relevant tertiary qualifications who does not perform firefighting or incident control duties
Amendments 3-5 to clause 54 correcting subsection references in new division 5B provisions
Amendment 6 to Schedule 1 correcting a reference from 'QFES' to 'QFR' in the emergency alarm definition
As shadow minister for fire and emergency services, opposed clause 31 establishing the new fire service structure, citing inadequate seven-day consultation, unresolved concerns about command structure, brigade funds, and legal status of brigades.
“If this government were serious about getting this right, if they were fair dinkum, they would have consulted appropriately and allowed sufficient time for brigades and members to have input into this bill.”— 2024-05-01View Hansard
As Minister for Fire and Disaster Recovery, defended clause 31 as providing essential civil liability protections for rural fire volunteers and argued the opposition was recklessly opposing protections volunteers need.
“Without this clause, those protections will not become law.”— 2024-05-01View Hansard
Opposed clause 31, citing concerns from rural fire volunteers across the Callide electorate about uncertainty regarding resourcing and the future under the new structure.
“Ultimately, unfortunately, no certainty is given to the many volunteer rural firies as to what the future may hold.”— 2024-05-01View Hansard
Assent date: 3 May 2024