FIRE AND EMERGENCY SERVICES ACT 1990

Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

- As at 1 July 2023
- Act 10 of 1990

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

1. Short title
2. Objects of Act
3. Definitions
4. Act binds all persons

CHAPTER 2 - COMMISSIONER

5. Appointment of commissioner
6. Salary and conditions
7. Acting commissioner
7A. Functions of commissioner
7B. Codes of practice

CHAPTER 3 - QUEENSLAND FIRE AND EMERGENCY SERVICE

PART 1 - ESTABLISHMENT, MEMBERSHIP AND FUNCTIONS

8. Establishment of service
8A. Membership of service
8B. Functions of QFES
8C. (Repealed)
8D. (Repealed)
8E. (Repealed)
8F. (Repealed)
8G. (Repealed)
8H. (Repealed)
8I. (Repealed)
8J. (Repealed)
8K. (Repealed)
8L. (Repealed)
8M. (Repealed)
8N. (Repealed)
8O. (Repealed)
8P. (Repealed)
12. (Repealed)
13. (Repealed)
14. (Repealed)
15. (Repealed)
16. (Repealed)
17. (Repealed)
19. (Repealed)
19A. (Repealed)
19B. (Repealed)
19C. (Repealed)

PART 3 - FINANCIAL PROVISIONS

20. Fund
21. (Repealed)
22. (Repealed)
23. (Repealed)
24. (Repealed)

PART 4 - PROVISIONS AFFECTING PERSONNEL

Division 1 - Appointments and conditions

25. Staff of QFES
25A. Fire service officers employed under this Act
25B. (Repealed)
25C. (Repealed)
26. Conditions of employment
27. (Repealed)

Division 2 - Termination of office

28. Retirement
29. (Repealed)
29A. Surrender of equipment
29B. Vacating premises

Division 3 - (Repealed)

PART 4A - EMERGENCY SERVICES ADVISORY COUNCIL

34. Establishment of council
35. Functions of council
36. Membership of council
37. Chairperson of council
38. How appointments made
39. Term of office
40. Removal from office
41. Quorum
42. Conduct of business
43. Minutes
44. Remuneration of members
45. (Repealed)
46. (Repealed)

PART 5 - (Repealed)

PART 6 - POWERS OF AUTHORISED FIRE OFFICERS

52. Authorised fire officers
52A. (Repealed)
52B. (Repealed)
52C. (Repealed)
52D. (Repealed)
52E. (Repealed)
52F. (Repealed)
53. Powers of authorised fire officer in dangerous situations
54. Disposal of property
55. Powers of authorised fire officer for preventative or investigative purposes
56. Extent of power of entry
56A. Power to seize evidence etc.
56B. Powers supporting seizure
56C. Receipt for seized things
56D. Forfeiture of seized things
56E. Return of seized things
56F. Access to seized things
57. Power to require name and address
58. (Repealed)
58A. Reasonable assistance to be provided
58B. Power to inquire into fire or hazardous materials emergency
58C. Power to require production of certain documents
58D. Power to require information about identity of occupier
59. Person acting at direction of authorised fire officer
60. Directions concerning exercise of powers
60A. Decontamination

PART 6A - POWERS OF INVESTIGATION OFFICERS

Division 1 - Investigation officers

60B. Appointment
60C. Appointment conditions and limit on powers
60D. When investigation officer ceases to hold office
60E. Functions of investigation officers
60F. Issue of identity card
60G. Production or display of identity card
60H. Return of identity card

Division 2 - Powers of investigation officers

60I. Power to enter places
60J. Entry with consent
60K. General powers after entering places
60L. Failure to help investigation officer
60M. Failure to answer questions
60N. Power to require name and address
60O. Failure to give name or address
60P. False or misleading statements
60Q. False or misleading documents

PART 7 - CONTROL AND PREVENTION OF FIRES

Division 1 - Powers of commissioner relating to fires

61. Interpretation and application of division
62. Offence to light unauthorised fire
63. Authorisation of fires by commissioner
64. Prohibition by commissioner against lighting of fires
65. Granting of permits
66. Fires in State forests etc.
67. Occupier to extinguish fire
68. Powers of occupier of entry etc.
69. Requisition by commissioner to reduce fire risk
70. Restriction on sale of notified articles
71. Notifications, notices and permits
72. Offences re lighting fires
73. Liability of person for fire lit by agent or employee
74. Liability for damage caused by certain fires

Division 2 - Fire wardens

75. Chief fire wardens and fire wardens
76. Powers and functions
77. Expenses
78. Appeals from decisions of fire wardens

Division 3 - Rural fire brigades

79. Formation of rural fire brigade
80. Rural fire brigade may make rules
81. Officers of rural fire brigade
82. Functions of a rural fire brigade
83. Powers of first officer
84. Equipment for rural fire brigade
85. Commissioner’s role relating to rural fire brigades
86. Powers of officers of other States to fight fires in Queensland

PART 8 - FIRE EMERGENCY

Division 1 - Local fire bans

86A. Imposing local fire ban
86B. Notifying local fire ban
86C. Cancelling local fire ban
86D. Period of local fire ban
86E. Effect of local fire ban on other authorisations to light fires
86F. Contravening local fire ban
86G. Evidentiary aid about local fire ban

Division 2 - Declarations of state of fire emergency

87. Declaration of state of fire emergency
88. Notification of declaration
89. Period of state of fire emergency
90. Effect of emergency on existing authorities to light fires
91. Commissioner’s power during fire emergency
92. Failure to comply with declaration
93. Certificate about declaration
94. (Repealed)

PART 9 - OFF-SITE PLANS FOR DANGEROUS GOODS

95. Application of part
96. Occupier to provide information concerning dangerous goods
97. Off-site emergency plans
98. Assistance with plans
99. Approval of plans
100. Amendment of plan
101. Duty to implement plan
102. Notice of changed circumstances
103. Keeping copies of plans
104. Punishment for certain offences against this part

PART 9A - BUILDING FIRE SAFETY

Division 1 - Interpretation

104A. Interpretation
104B. Application to prisons

Division 2 - Obligations of persons for fire safety

Subdivision 1 - Means of escape and prescribed fire safety installations

104C. Occupier of building to maintain means of escape from building
104D. Occupier of building to maintain prescribed fire safety installations
104DA. Additional requirement for monitored systems

Subdivision 2 - Fire and evacuation plan

104E. Fire and evacuation plan
104F. Assistance with plan

Subdivision 3 - Fire safety management plan

104FA. Obligation to prepare fire safety management plan
104FB. Other obligations about fire safety management plan
104FC. Meaning of fire safety management plan
104FD. Guidelines for preparing fire safety management plans
104FE. Public notice of guidelines
104FF. (Repealed)
104FG. Accessing fire safety management plan

Subdivision 3A - Matters relating to particular proceedings under this division

104FGA. Provisions applying for particular proceedings

Subdivision 4 - Obligations of entities about guidelines for fire safety standard and fire safety management plans

104FH. Obligations about guidelines for fire safety standard and fire safety management plans

Subdivision 5 - Commissioner’s notice about occupier’s and owner’s obligations

104G. Notice by commissioner about occupier’s or owner’s obligations

Division 3 - Prohibition on prescribed use without certificate of compliance

104H. Prohibition on prescribed use without certificate of compliance
104I. Certificate of compliance
104J. Form of certificate of compliance
104K. Certificate of compliance—limitations on requirements

Division 3A - Occupancy limits for particular licensed buildings

Subdivision 1 - Preliminary

104KA. Definitions for div 3A
104KB. Object of div 3A
104KC. Application of div 3A to a part of a licensed building

Subdivision 2 - Occupancy notices

104KD. Deciding if a building is an at risk licensed building
104KE. Deciding an occupancy number
104KF. Commissioner may give occupancy notice to occupier
104KG. Occupancy number applying during particular uses or circumstances
104KH. Application and currency of occupancy notice
104KI. Re-assessment of risk of overcrowding

Subdivision 3 - Obligations of occupiers of at risk licensed buildings

104KJ. Application of sdiv 3
104KK. Ensuring the occupancy number is not exceeded
104KL. Ensuring staff are aware of the occupancy number
104KM. Implementing a counting system
104KN. Displaying signs stating the occupancy number
104KO. Including the occupancy number in the fire and evacuation plan
104KP. Notifying the commissioner of relevant changes
104KQ. Action if an officer knows or suspects the occupancy number is being exceeded

Subdivision 4 - Miscellaneous

104KR. Commissioner may give copies of notices to chief executive (liquor licensing)
104KS. Commissioner may publish occupancy numbers

Division 5 - Injunctions relating to high risk buildings

104R. Injunctions

Division 5A - Smoke alarms for domestic dwellings

104RA. Definitions for div 5A
104RAA. When smoke alarm operates when tested
104RB. Owner must install smoke alarm—requirements being phased out by 31 December 2026
104RBA. Owner must install smoke alarm
104RBB. Alternative compliance with smoke alarm requirement provision
104RC. Owner must replace smoke alarm
104RD. Testing smoke alarms
104RE. Replacing the batteries
104RF. Tenant must advise lessor if smoke alarm needs replacing
104RG. Cleaning smoke alarms
104RH. Person must not interfere with smoke alarm
104RI. Division applies for all alarms
104RJ. Agent may act for owner
104RK. Notice to transferee of residential land about smoke alarms
104RL. Notice to commissioner about smoke alarms and other matters
104RM. Notice to buyer of manufactured home about smoke alarms

Division 6 - Regulations

104S. Regulations relating to this part
104SA. (Repealed)

PART 9B - REVIEW OF NOTICES

104SB. Persons aggrieved by notice may apply for review
104SC. (Repealed)
104SD. (Repealed)
104SE. (Repealed)
104SF. Relief from penalty pending determination of review by QCAT
104SG. Assessors to help QCAT
104SH. Function and powers of assessors
104SI. Appointment of assessors
104SJ. Disqualification from appointment as assessor
104SK. QCAT may have regard to assessor’s view

PART 10 - FUNDING

Division 1 - Interpretation

105. Definitions

Division 2 - Matters relating to fund contributions

106. Constitution of levy districts
107. Liability to contribute
108. Annual contributions of owners of prescribed properties
109. Annual returns by local governments
110. Discount for pensioners
111. Duties of owner of prescribed property and local government
112. Determinations and notifications of contributions
113. Appeal against local government’s determination
114. Manner of giving notification
115. Annual contribution etc. deemed to be rates
116. Contribution to be paid into fund of local government
117. Retention of administration fee by local governments
118. Payments by local governments to department
119. Failure by local government to make payment
120. Payments and interest to be debt
121. Payment of arrears
122. Notices about contributions
123. Recovery of arrears
124. Remitting contributions
125. Proof of amounts owing in relation to contributions
126. Where services of debt collector engaged
127. Application of Crown Proceedings Act
128. Levies not revenue in determining remuneration of employees of local government

Division 3 - Funding for rural fire brigades

128A. Local government may make and levy certain rates or charges and contribute amounts raised to rural fire brigades

PART 11 - CHARGES FOR SERVICES

128B. Definitions for pt 11
128C. Charges may be prescribed or fixed by commissioner
128D. Person for whose benefit service provided is liable for charge
128E. Person who causes fire or other incident is liable for charge
128F. Property owner etc. is liable for charge for particular service
128G. No charge for attending to authorised fire except in particular circumstances
128H. Owner of prescribed property liable only for unwanted alarm charge
128I. Property owner not liable for charge for attendance on grass fire
128J. Joint and several liability for charges
128K. Liability for charge does not affect other liability
128L. Commissioner may waive charges

CHAPTER 4 - STATE EMERGENCY SERVICE, EMERGENCY SERVICE UNITS AND AUTHORISED RESCUE OFFICERS

PART 1 - STATE EMERGENCY SERVICE

Division 1 - Continuation and functions

129. Establishment of SES
130. Functions

Division 2 - Responsibilities of commissioner

131. Commissioner’s responsibilities for SES

Division 3 - Membership and SES units

132. Membership
133. Establishment of SES units
134. Local controller of SES unit
135. Function of local controller
136. SES coordinator
137. Functions of SES coordinator

Division 4 - Functions of SES units

138. Functions of SES unit
139. Notice of functions

Division 5 - Agreements

140. Agreements between department and each local government to define responsibilities of each party

PART 2 - EMERGENCY SERVICE UNITS

Division 1 - Establishment and functions

141. Establishment of ES units
142. Functions
142A. (Repealed)
143. Notice of functions

Division 2 - Commissioner’s responsibilities

144. Commissioner’s responsibilities for ES units

Division 3 - Membership

145. Commissioner may appoint ESU members
146. ES unit coordinator
146A. Function of ES unit coordinator

Division 4 - Matters about ES units with function of fire fighting or fire prevention

147. Application of div 4
147A. Appointment of fire coordinator
147B. Powers of fire coordinator
147C. Particular ESU members subject to direction

PART 3 - CODES OF PRACTICE FOR SES UNITS AND ES UNITS

147D. Commissioner may make code of practice

PART 4 - AUTHORISED RESCUE OFFICERS

Division 1 - Appointment

148. Appointment
148A. Appointment conditions and limit on powers
148B. Issue of identity card
148C. Production or display of identity card
148D. Resignation
148E. Return of identity card
148F. (Repealed)

Division 2 - Powers of authorised rescue officers

149. General provision about powers
149A. Power of entry
149B. Exercise of powers subject to direction

CHAPTER 5 - GENERAL

PART 1 - OFFENCES

150. Lighting of grass fire prohibited
150A. Interference with fire apparatus etc.
150B. False calls
150BA. Assault of persons performing functions or exercising powers
150C. Obstruction of persons performing functions or exercising powers
150D. Failure to assist or give reasonable help
150E. Failure to comply with requisition etc.
150F. Failure to answer question or provide information
150G. Impersonating authorised rescue officer etc.
150H. Using restricted expressions etc.
150I. Warning device or lights on SES or ES vehicle
150J. Liability of executive officer—particular offences committed by corporation
150K. Indictable and summary offences

PART 2 - PROCEEDINGS

Division 1 - Offence proceedings

151. Proceedings for indictable offences
151A. Limitation on who may summarily hear indictable offence proceedings
151B. Proceeding for offences
151C. When proceeding must start
151D. Allegations of false or misleading information or document
151E. Forfeiture on conviction
151F. Dealing with forfeited thing
151G. Court may order costs of rehabilitation etc. of protected area
151H. Order for payment if guilty of false call

Division 2 - Evidence

151I. Appointments and authority
151J. Signatures
151K. Other evidentiary aids

PART 3 - PROVISIONS ABOUT PERFORMANCE OF FUNCTIONS UNDER THIS ACT

152. Exemption from toll
152A. Right of way to fire officers
152B. Use of unregistered vehicles on roads
152C. Inspection of records of local governments and building certifiers
152D. Interstate assistance at QFES incident

PART 4 - MISCELLANEOUS

153. Delegation
153A. Confidentiality
153B. Protection from liability—acts or omissions under chapter 3
153C. Protection from civil liability—acts or omissions under chapter 4
153D. Ownership of property
154. Representation of commissioner at inquiries
154A. Construction of policies of fire insurance
154B. Report of fire
154C. Commissioner to insure SES members etc.
154D. Approval of forms
154E. Regulation-making power

PART 5 - SAVINGS AND TRANSITIONAL PROVISIONS

Division 1 - Provisions for Act before commencement of Emergency Services Legislation Amendment Act 1998

155. Definitions
156. (Expired)
157. References to commissioner
158. Vesting of assets
159. Legal or disciplinary proceedings
160. Fire authority officers
161. Conditions of employment of transferred officers
162. Trusts
163. Duty to assist transfer of property
164. Superannuation scheme
165. Suspension
166. Appeals
167. Things taken to have been done etc. by chief commissioner
168. Things taken to have been done etc. by the authority
169. (Expired)
170. Previous fund

Division 2 - Provision for Emergency Services Legislation Amendment Act 1998

171. Board members go out of office

Division 3 - Provisions for Emergency Services Legislation Amendment Act 2001

172. Definitions for div 3
173. Authority dissolved
174. Superannuation entitlements
175. References to authority
176. Vesting of assets
177. Legal or disciplinary proceedings
178. Suspension
179. Fire service officers
180. Conditions of employment of transferred officers
181. Trusts
182. Duty to help transfer of property
183. Appeals
184. Things taken to have been done etc. by commissioner
185. Things taken to have been done etc. by chief executive
186. Other things taken to have been done etc. by chief executive
187. Other things taken to have been done etc. by the State
188. Closure of QFRA Fund

Division 4 - Provision for Disaster Management Act 2003

189. Existing council members to remain in office

Division 5 - Provisions for Integrity Reform (Miscellaneous Amendments) Act 2010

190. Definition for div 5
191. Particular disciplinary grounds only apply to acts or omissions happening after commencement
192. Disciplinary action against former public service employee or ambulance service officer
193. Disciplinary action against former fire service officer

Division 6 - Provisions for Revenue Amendment and Trade and Investment Queensland Act 2013

194. Definition for div 6
195. Amounts in Queensland Fire and Rescue Service Fund at commencement
196. References to fire levy notices and urban districts
197. Appeals against fire levy notices
198. Application of s 112 for local governments
199. Application of s 114 for local governments

Division 7 - Transitional and validation provisions for Public Safety Business Agency Act 2014

200. Definitions for div 7
201. Validation of things done by former commissioner
202. Legal proceedings
203. References to, and acts etc. by, the chief executive
204. Transition of Emergency Management, Fire and Rescue Fund to fund

Division 8 - Transitional provisions for Crime and Corruption and Other Legislation Amendment Act 2018

205. Disciplinary action against a fire service officer who was a relevant commission officer
206. Sharing disciplinary information

Division 9 - Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2023

Subdivision 1 - Amendments commencing on assent

207. Local fire bans imposed before commencement
208. Declarations notified before commencement

Subdivision 2 - Amendments commencing by proclamation

209. Permits granted before commencement
210. Disclosure etc. of information acquired before commencement

Division 10 - Transitional provisions for Public Sector Act 2022

211. Definition for division
212. Words have meanings given by former provision
213. Existing disciplinary action
214. Existing disciplinary finding
215. Disciplinary ground arising before commencement
216. Existing requirement to disclose previous history of serious disciplinary action
217. Disciplinary information obtained before commencement
218. Existing suspensions
219. Reason for suspension arising before commencement
220. Existing requirement to attend medical examination
SCHEDULE 3
Schedule 4 (Repealed)
SCHEDULE 5
SCHEDULE 6

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback