1 Short title

This Act may be cited as the Emergency Services Reform Amendment Act 2023.

2 Commencement

This Act commences on a day to be fixed by proclamation.

3 Act amended

This part amends the Disaster Management Act 2003.

4 Insertion of new pt 2, div 1A

Part 2 —

insert—

5 Amendment of schedule (Dictionary)

(1) Schedule—insert—

"SDM group" see section 21F.

(2) Schedule, definition "chairperson" —insert—

(aa) of the SDM group—the person prescribed by regulation under section 21I(1); or

(3) Schedule, definition "chairperson", paragraphs (a) to (d) —renumber as paragraphs (a) to (e).

6 Regulation amended

This part amends the Disaster Management Regulation 2014.

7 Insertion of new ss 4A and 4B

After section 4 —

insert—

4A Members of SDM group—Act, s 21H For section 21H (1) (a) of the Act, the following persons are members of the SDM group—

(a) the Premier;

(b) the Minister who is recognised as the deputy for the Premier;

(c) the Ministers administering the following Acts—

(i) the Local Government Act 2009;

(ii) the Public Safety Preservation Act 1986;

(d) the chief executives of the departments in which the following Acts are administered—

(i) the Constitution of Queensland 2001;

(ii) the Local Government Act 2009;

(iii) the Public Safety Preservation Act 1986;

(e) the commissioner of the police service;

(f) the commissioner of the Queensland Fire and Emergency Service;

(g) the State disaster coordinator;

(h) the chief executive officer of the Queensland Reconstruction Authority under the Queensland Reconstruction Authority Act 2011.

4B Chairperson and deputy chairperson of SDM group—Act, s 21I

(1) For section 21I(1) of the Act, the Premier is the chairperson of the SDM group.

(2) For section 21I(2) of the Act, the Minister who is recognised as the deputy for the Premier is the deputy chairperson of the SDM group.

8 Act amended

This part amends the Fire and Emergency Services Act 1990.

9 Amendment of s 2 (Objects of Act)

Section 2 (c) —

omit, insert—

(c) to establish a framework for the management of the Queensland Fire and Emergency Service.

10 Amendment of s 7A (Functions of commissioner)

(1) Section 7A (1) (b) —omit.

(2) Section 7A (1) (c) —renumber as section 7A (1) (b).

11 Omission of ch 4 (State Emergency Service, emergency service units and authorised rescue officers)

Chapter 4 —

omit.

12 Amendment of s 150D (Failure to assist or give reasonable help)

(1) Section 150D, heading—omit, insert—

150D Failure to assist

(2) Section 150D, ‘or give reasonable help under section 149 (2) (h) ’—omit.

13 Amendment of s 150G (Impersonating authorised rescue officer etc.)

(1) Section 150G, heading—omit, insert—

150G Impersonating officer or member

(2) Section 150G (1) (b) to (e) —omit.

(3) Section 150G (1) (f) —renumber as section 150G (1) (b).

14 Replacement of s 150H (Using restricted expressions etc.)

Section 150H —

omit, insert—

150H Using restricted expressions

(1) A person must not, unless the person has a reasonable excuse, use a restricted expression without the commissioner’s written approval—

(a) in, or as, the name of a business carried on by the person; or

(b) to advertise or otherwise promote goods or services provided by the person.

(2) In this section—

"restricted expression" means any of the following expressions—

(a) ‘Queensland Fire Service’;

(b) ‘Queensland Fire and Rescue Service’;

(c) ‘Queensland Fire and Emergency Service’;

(d) ‘Queensland Fire and Rescue Authority’;

(e) ‘QFS’;

(f) ‘QFRS’;

(g) ‘QFES’;

(h) ‘QFRA’;

(i) another expression that includes an expression mentioned in paragraphs (a) to (h).

15 Omission of s 150I (Warning device or lights on SES or ES vehicle)

Section 150I —

omit.

16 Amendment of s 151I (Appointments and authority)

Section 151I (1) (h) to (m) —omit.

17 Replacement of s 152 (Exemption from toll)

Section 152 —

omit, insert—

152 Exemption from toll

(1) This section applies if a fire officer is driving a fire engine or a similar vehicle.

(2) The fire officer is exempt from payment of a toll for the use by the officer and the vehicle of a road, bridge or ferry.

18 Amendment of s 152B (Use of unregistered vehicles on roads)

(1) Section 152B, heading—omit, insert—

152B Use of unregistered vehicle on road by rural fire brigade

(2) Section 152B (1) (a), ‘or an ES unit’—omit.

(3) Section 152B (1) (b), ‘or ES unit’—omit.

(4) Section 152B (1) (b), example—omit.

19 Omission of ss 153C and 154C

Sections 153C and 154C —

omit.

20 Amendment of s 154E (Regulation-making power)

Section 154E (2) (b) —

omit, insert—

(b) matters relating to the entitlements, powers, responsibilities and liabilities of fire service officers;

21 Amendment of sch 6 (Dictionary)

(1) Schedule 6, definitions "authorised rescue officer", "emergency-related function", "emergency service area", "ESU function", "ESU member", "ES unit", "ES unit coordinator", "ES vehicle", "local controller", "relevant ES unit", "SES", "SES coordinator", "SES function", "SES member", "SES unit" and "SES vehicle" —omit.

(2) Schedule 6, definition code of practice, ‘or 147D’—omit.

22 Act amended

This part amends the Police Service Administration Act 1990.

23 Amendment of s 2.5 (Administration of staff members)

(1) Section 2.5(1)—insert—

(d) MRQ members; and

(e) SES members.

(2) Section 2.5(2), ‘in the service’—omit, insert—in or for the service

24 Amendment of s 4.8 (Commissioner’s responsibility)

Section 4.8(1)—

omit, insert—

(1) The commissioner is responsible for—

(a) the efficient and proper administration, management and functioning of the police service in accordance with law; and

(b) without limiting paragraph (a), the efficient and proper administration, management and functioning of—

(i) Marine Rescue Queensland under the Marine Rescue Queensland Act 2023; and

(ii) the State Emergency Service under the State Emergency Service Act 2023.

25 Amendment of s 5.18 (Appointment of watch-house officers)

Section 5.18(3), note, from ‘Staff members’ to ‘police officers.’—

omit, insert—

Staff members may include persons appointed under the Public Sector Act 2022 or section 8.3(5) but do not include police officers.

26 Amendment of s 5A.3 (Persons to whom pt 5A applies)

Section 5A.3(1)(b)—omit, insert—

(b) a staff member, other than the following persons, whose duties include performing functions in a critical area—

(i) an MRQ volunteer;

(ii) an SES local government employee;

(iii) an SES volunteer; or

27 Amendment of s 5A.21A (Agreements about counselling and rehabilitation)

(1) Section 5A.21A(1)—omit, insert—

(1) An eligible member of the service may make a written request to a person prescribed by regulation (a "prescribed person") for the provision of counselling or rehabilitation about the member’s personal use of alcohol or a drug.

(2) Section 5A.21A(2) and (3), ‘member’—omit, insert—‘eligible member’

(3) Section 5A.21A(7)—omit, insert—

(7) In this section—

"eligible member" means a member of the service, other than—

(a) an MRQ volunteer; or

(b) an SES local government employee; or

(c) an SES volunteer.

28 Amendment of s 5AA.3 (Meaning of engaged by the service)

Section 5AA.3(g), after ‘volunteer’—

insert—

under section 10.5(6)

29 Amendment of s 5AA.10A (Information about disciplinary action to be given by chief executive)

Section 5AA.10A(1)(b), ‘as a member of the service’—

omit, insert—

by the service

30 Amendment of s 10.5 (Civil liability of police officers and others for engaging in conduct in official capacity)

Section 10.5(6), definition "volunteer", after ‘decided by the commissioner’—

insert—

but does not include an MRQ volunteer or SES volunteer

31 Insertion of new pt 11, div 17

Part 11 —

insert—

32 Amendment of sch 1 (Relevant information)

(1) Schedule 1, heading, Information about staff members, applicants to become staff members, volunteers and students on work experience—omit, insert—Information about staff members, applicants to become staff members, volunteers and students on work experience

(2) Schedule 1, before the heading, Persons performing, or seeking to perform, functions for the service under a contract for services—insert—Information about MRQ volunteers, SES local government employees and SES volunteers and applicants to become MRQ volunteers, SES local government employees or SES volunteers

1 Information in a database kept by the ACC about the person’s criminal history

2 Information about—

• the suspension or cancellation of the person’s working with children authority under the Working with Children (Risk Management and Screening) Act 2000

• the issue of a negative notice to the person under the Working with Children (Risk Management and Screening) Act 2000.

33 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definition prescribed responsibility —omit.

(2) Schedule 2 —insert—

"MRQ member" see the Marine Rescue Queensland Act 2023, schedule 1.

"MRQ volunteer" see the Marine Rescue Queensland Act 2023, schedule 1.

"prescribed responsibility" means the responsibility of the commissioner for the matters mentioned in section 4.8(1)(a) and (b).

"SES local government employee" means an SES employee under the State Emergency Service Act 2023 who—

(a) performs an SES function as an employee of a local government; and

(b) does not also perform an SES function as an employee of the State.

"SES function" see the State Emergency Service Act 2023, schedule 1.

"SES member" see the State Emergency Service Act 2023, schedule 1.

"SES volunteer" —

(a) generally—see the State Emergency Service Act 2023, schedule 1; and

(b) for part 5A or schedule 1—does not include a person who also performs an SES function as an employee of the State.

34 Act amended

This part amends the Workers’ Compensation and Rehabilitation Act 2003.

35 Amendment of s 13 (Particular persons under Disaster Management Act 2003)

(1) Section 13 (2) and (3) —omit, insert—

(2) The contract may cover—

(a) a person required to give reasonable help under the Disaster Management Act 2003, section 77 (1) (q) or 112 (3) (g); or

(b) another person performing a function or exercising a power under that Act.

(3) A person covered by the contract is entitled to compensation for injury sustained only while engaged in disaster operations, or participating in an activity arising out of, or in the course of, disaster operations, including training.

(2) Section 13 (4), definition emergency function —omit.

36 Insertion of new ss 13A and 13B

After section 13 —

insert—

13A Marine Rescue Queensland volunteer

(1) WorkCover may enter into a contract of insurance for this subdivision with the commissioner of the police service in the commissioner’s capacity as having responsibility for the administration of Marine Rescue Queensland under the Marine Rescue Queensland Act 2023.

(2) The contract may cover an MRQ volunteer under the Marine Rescue Queensland Act 2023.

(3) A person covered by the contract is entitled to compensation for injury sustained only while performing an authorised function, or participating in an activity arising out of, or in the course of, performing an authorised function, including training.

(4) In this section—

"authorised function" means an MRQ function under the Marine Rescue Queensland Act 2023.

13B State Emergency Service volunteer

(1) WorkCover may enter into a contract of insurance for this subdivision with the commissioner of the police service in the commissioner’s capacity as having responsibility for the administration of the State Emergency Service under the State Emergency Service Act 2023.

(2) The contract may cover an SES volunteer under the State Emergency Service Act 2023.

(3) A person covered by the contract is entitled to compensation for injury sustained only while performing an authorised function, or participating in an activity arising out of, or in the course of, performing an authorised function, including training.

(4) In this section—

"authorised function" means an SES function under the State Emergency Service Act 2023.

37 Act amended

This part amends the Working with Children (Risk Management and Screening) Act 2000.

38 Amendment of sch 1, s 26 (Person engaged in employment for the police service)

Schedule 1, section 26 —

insert—

(2) However, chapter 7 of this Act does apply to the employment under section 6(1) of—

(a) an MRQ volunteer for providing a health service to a child in association with the performance of a function mentioned in the Marine Rescue Queensland Act 2023, section 7(1); or

(b) an SES local government employee or SES volunteer for providing a health service to a child in association with the performance of a function mentioned in the State Emergency Service Act 2023, section 7(1).

(3) In this section—

"health service" means a service to which section 6(3), definition "health service", paragraph (a) applies.

"MRQ volunteer" see the Marine Rescue Queensland Act 2023, schedule 1.

"SES local government employee" means an SES employee under the State Emergency Service Act 2023 who—

(a) performs an SES function as an employee of a local government; and

(b) does not also perform an SES function as an employee of the State.

"SES volunteer" means an SES member under the State Emergency Service Act 2023 who—

(a) performs an SES function as a volunteer; and

(b) does not also perform an SES function as an employee of the State.

39 Legislation amended

Schedule 1 amends the legislation it mentions.