State Emergency Service Bill 2023
Plain English Summary
Overview
This bill establishes the Queensland State Emergency Service (SES) as a standalone organisation under its own Act, moving it out of the Fire and Emergency Services Act 1990 and under the control of the Queensland Police Service Commissioner. It is part of a broader reform of Queensland's emergency services following an independent review, and formalises the SES's role in rescue, search, severe weather response, and disaster resilience.
Who it affects
SES volunteers and employees gain clearer protections and a defined command structure. Local governments retain their partnership role in SES operations, and communities across Queensland benefit from a more clearly organised emergency response capability.
Key changes
- The SES is established as a standalone organisation under its own Act, separated from the Fire and Emergency Services Act 1990 and placed under the Queensland Police Service Commissioner
- A three-tier command structure is created with an SES chief officer (state level), SES commanders (regional level), and local controllers (unit level), with local governments nominating local controllers
- SES volunteers must be covered by WorkCover insurance and are protected from civil liability when acting honestly and without negligence
- Authorised rescue officers can enter premises without a warrant during emergencies to protect trapped or endangered people
- New offences are created including assaulting SES members (up to 100 penalty units or 6 months jail), impersonation (100 penalty units), and misusing confidential information (100 penalty units or 2 years jail)
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee28 Nov 2023View Hansard
Referred to Legal Affairs and Safety Committee
The Community Support and Services Committee examined the State Emergency Service Bill 2023 as part of a package of three emergency services reform bills, receiving 20 submissions and holding a public briefing and hearing. The committee recommended the bill be passed, finding it had sufficient regard to fundamental legislative principles and was compatible with human rights. Most stakeholders supported the reforms, though the LGAQ and Brisbane City Council raised concerns about the Commissioner's power to suspend local government SES employees. LNP members filed a statement of reservation expressing concerns about the lack of information provided to volunteers and a reliance on unpublished regulations.
Key findings (5)
- Most stakeholders were supportive of the bill, which establishes the SES as a standalone entity under the Queensland Police Service with a clear command structure
- The LGAQ and Brisbane City Council raised concerns that the Commissioner's power to suspend local government SES employees could create legal and financial liability for councils
- The committee found the bill's provisions regarding suspension of volunteers had sufficient regard to rights and liberties of individuals, noting the QPS committed to developing complaint management guidelines
- Stakeholders raised concerns about the toll exemption provision requiring SES vehicles to have warning lights activated, noting current directions prohibit using warning lights while mobile
- The committee was satisfied that powers granted to authorised rescue officers to enter places without a warrant were justified given the limited emergency circumstances in which they apply
Recommendations (1)
- The committee recommends the State Emergency Service Bill 2023 be passed.
Committee report tabled
▸Second Reading1 May 2024View Hansard
▸7 members spoke4 support3 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
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
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
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
Supported the bills, drawing on her experience with Tropical Cyclone Jasper's impact on Far North Queensland. Argued streamlining emergency services will ensure efficiency and a strong coordinated disaster response.
“Streamlining our emergency services will ensure efficiency and a strong coordinated approach should we ever have to face a severe weather event again.”— 2024-05-01View Hansard
Referenced Entities
Legislation
Organisations
Programs & Schemes
Roles & Offices
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards