{"id":"qld:act-2003-091","name":"Disaster Management Act 2003","slug":"disaster-management-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"91 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":45023,"registerId":"qld-act-2003-091-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Disaster Management Act 2003 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Objects","content":"## Objects","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main objects of Act","content":"### sec.3 Main objects of Act\n\nThe main objects of this Act are as follows—\nto help communities—\nmitigate the potential adverse effects of an event; and\nprepare for managing the effects of an event; and\neffectively respond to, and recover from, a disaster or an emergency situation;\nto provide for effective disaster management for the State.\ns 3 amd 2014 No. 17 s 26\n- (a) to help communities— (i) mitigate the potential adverse effects of an event; and (ii) prepare for managing the effects of an event; and (iii) effectively respond to, and recover from, a disaster or an emergency situation;\n- (i) mitigate the potential adverse effects of an event; and\n- (ii) prepare for managing the effects of an event; and\n- (iii) effectively respond to, and recover from, a disaster or an emergency situation;\n- (b) to provide for effective disaster management for the State.\n- (i) mitigate the potential adverse effects of an event; and\n- (ii) prepare for managing the effects of an event; and\n- (iii) effectively respond to, and recover from, a disaster or an emergency situation;","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"How the objects are to be primarily achieved","content":"### sec.4 How the objects are to be primarily achieved\n\nThe objects are to be achieved primarily by making provision about the following—\nestablishing disaster management groups for the State, disaster districts and local government areas;\npreparing disaster management plans and guidelines;\nensuring communities receive appropriate information about preparing for, responding to and recovering from a disaster;\ndeclaring a disaster situation;\nestablishing the Office of the Inspector-General of Emergency Management.\ns 4 amd 2014 No. 17 s 27\n- (a) establishing disaster management groups for the State, disaster districts and local government areas;\n- (b) preparing disaster management plans and guidelines;\n- (c) ensuring communities receive appropriate information about preparing for, responding to and recovering from a disaster;\n- (d) declaring a disaster situation;\n- (e) establishing the Office of the Inspector-General of Emergency Management.","sortOrder":6},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Guiding principles","content":"### sec.4A Guiding principles\n\nThis Act is to be administered according to the following principles—\ndisaster management should be planned across the following four phases—\nprevention, involving the taking of preventative measures to reduce the likelihood of an event occurring or, if an event occurs, to reduce the severity of the event;\npreparation, involving the taking of preparatory measures to ensure that, if an event occurs, communities, resources and services are able to cope with the effects of the event;\nresponse, involving the taking of appropriate measures to respond to an event, including action taken and measures planned in anticipation of, during, and immediately after an event to ensure that its effects are minimised and that persons affected by the event are given immediate relief and support;\nrecovery, involving the taking of appropriate measures to recover from an event, including action taken to support disaster-affected communities in the reconstruction of infrastructure, the restoration of emotional, social, economic and physical wellbeing, and the restoration of the environment;\nconsideration should be given to the improvement of the resilience of a community to a disaster in all 4 phases of disaster management planning under paragraph (a) ;\nall events, whether natural or caused by human acts or omissions, should be managed in accordance with the following—\na strategic policy framework developed by the QDMC;\nthe State disaster management plan;\nany disaster management guidelines;\nlocal governments should primarily be responsible for managing events in their local government area;\ndistrict groups and the QDMC should provide local governments with appropriate resources and support to help the local governments carry out disaster operations.\ns 4A ins 2010 No. 40 s 4\namd 2024 No. 22 s 4\n- (a) disaster management should be planned across the following four phases— (i) prevention, involving the taking of preventative measures to reduce the likelihood of an event occurring or, if an event occurs, to reduce the severity of the event; (ii) preparation, involving the taking of preparatory measures to ensure that, if an event occurs, communities, resources and services are able to cope with the effects of the event; (iii) response, involving the taking of appropriate measures to respond to an event, including action taken and measures planned in anticipation of, during, and immediately after an event to ensure that its effects are minimised and that persons affected by the event are given immediate relief and support; (iv) recovery, involving the taking of appropriate measures to recover from an event, including action taken to support disaster-affected communities in the reconstruction of infrastructure, the restoration of emotional, social, economic and physical wellbeing, and the restoration of the environment;\n- (i) prevention, involving the taking of preventative measures to reduce the likelihood of an event occurring or, if an event occurs, to reduce the severity of the event;\n- (ii) preparation, involving the taking of preparatory measures to ensure that, if an event occurs, communities, resources and services are able to cope with the effects of the event;\n- (iii) response, involving the taking of appropriate measures to respond to an event, including action taken and measures planned in anticipation of, during, and immediately after an event to ensure that its effects are minimised and that persons affected by the event are given immediate relief and support;\n- (iv) recovery, involving the taking of appropriate measures to recover from an event, including action taken to support disaster-affected communities in the reconstruction of infrastructure, the restoration of emotional, social, economic and physical wellbeing, and the restoration of the environment;\n- (b) consideration should be given to the improvement of the resilience of a community to a disaster in all 4 phases of disaster management planning under paragraph (a) ;\n- (c) all events, whether natural or caused by human acts or omissions, should be managed in accordance with the following— (i) a strategic policy framework developed by the QDMC; (ii) the State disaster management plan; (iii) any disaster management guidelines;\n- (i) a strategic policy framework developed by the QDMC;\n- (ii) the State disaster management plan;\n- (iii) any disaster management guidelines;\n- (d) local governments should primarily be responsible for managing events in their local government area;\n- (e) district groups and the QDMC should provide local governments with appropriate resources and support to help the local governments carry out disaster operations.\n- (i) prevention, involving the taking of preventative measures to reduce the likelihood of an event occurring or, if an event occurs, to reduce the severity of the event;\n- (ii) preparation, involving the taking of preparatory measures to ensure that, if an event occurs, communities, resources and services are able to cope with the effects of the event;\n- (iii) response, involving the taking of appropriate measures to respond to an event, including action taken and measures planned in anticipation of, during, and immediately after an event to ensure that its effects are minimised and that persons affected by the event are given immediate relief and support;\n- (iv) recovery, involving the taking of appropriate measures to recover from an event, including action taken to support disaster-affected communities in the reconstruction of infrastructure, the restoration of emotional, social, economic and physical wellbeing, and the restoration of the environment;\n- (i) a strategic policy framework developed by the QDMC;\n- (ii) the State disaster management plan;\n- (iii) any disaster management guidelines;","sortOrder":7},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Application","content":"## Application","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nSubsection (1) does not make the State, the Commonwealth or another State liable for an offence.\n(sec.5-ssec.1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.5-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Relationship to other Acts about particular declarations","content":"### sec.6 Relationship to other Acts about particular declarations\n\nNothing in this Act prevents a person declaring an emergency under another Act.\nPublic Safety Preservation Act 1986\nState Transport Act 1938\nHowever, the existence of a declaration mentioned in subsection (1) does not prevent the declaration of a disaster situation under this Act.\n(sec.6-ssec.1) Nothing in this Act prevents a person declaring an emergency under another Act. Public Safety Preservation Act 1986 State Transport Act 1938\n(sec.6-ssec.2) However, the existence of a declaration mentioned in subsection (1) does not prevent the declaration of a disaster situation under this Act.\n- • Public Safety Preservation Act 1986\n- • State Transport Act 1938","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Public Safety Preservation Act 1986 , pt 3 , not affected","content":"### sec.7 Public Safety Preservation Act 1986 , pt 3 , not affected\n\nThis Act is in addition to, and does not limit, the Public Safety Preservation Act 1986 , part 3 .","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Powers under this Act and other Acts","content":"### sec.8 Powers under this Act and other Acts\n\nThis section applies to a person exercising declared disaster powers or rescue powers under this Act.\nan ambulance officer under the Ambulance Service Act 1991\na fire officer under the Fire Services Act 1990\na police officer under the Police Service Administration Act 1990\nThe declared disaster powers and rescue powers are in addition to and do not limit the powers the person may have under another Act.\ns 8 amd 2014 No. 17 s 28 ; 2024 No. 22 s 92 sch 1\n(sec.8-ssec.1) This section applies to a person exercising declared disaster powers or rescue powers under this Act. an ambulance officer under the Ambulance Service Act 1991 a fire officer under the Fire Services Act 1990 a police officer under the Police Service Administration Act 1990\n(sec.8-ssec.2) The declared disaster powers and rescue powers are in addition to and do not limit the powers the person may have under another Act.\n- • an ambulance officer under the Ambulance Service Act 1991\n- • a fire officer under the Fire Services Act 1990\n- • a police officer under the Police Service Administration Act 1990","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Directions about powers under other Acts during disaster situation","content":"### sec.9 Directions about powers under other Acts during disaster situation\n\nThis section applies if there is a disaster situation.\nThe chairperson of the QDMC, or a relevant district disaster coordinator for the disaster situation, may give directions about the circumstances in which a power under another Act may be exercised during the period of the disaster situation.\nHowever, the chairperson or relevant district disaster coordinator must not give directions about the way in which the power may be exercised.\nA direction under subsection (2) may be given—\nonly to the person who may exercise the power under the other Act; and\nonly if it is necessary for effective management of the disaster for which the disaster situation is declared.\nThe chairperson of the QDMC may direct an authorised person under the Environmental Protection Act 1994 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised.\nIf the disaster situation involves an outbreak of an animal disease, the chairperson of the QDMC may direct an authorised officer under the Biosecurity Act 2014 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised.\nAlso, a direction under subsection (2) —\nmay be general or limited to a particular class of persons; and\nmay be given on conditions.\nBefore giving a direction under subsection (2) about the exercise of a power under another Act, the chairperson or relevant district disaster coordinator must take reasonable steps to consult with the chief executive of the department or other agency in which the Act is administered.\nA failure to consult under subsection (6) does not affect the validity of the direction.\nSubsection (2) does not apply to the Police Powers and Responsibilities Act 2000 or to terrorist emergency powers or CBR emergency powers under the Public Safety Preservation Act 1986 .\ns 9 amd 2007 No. 34 s 4 ; 2014 No. 7 s 578 s ch 4 pt 2 ; 2024 No. 22 s 92 sch 1\n(sec.9-ssec.1) This section applies if there is a disaster situation.\n(sec.9-ssec.2) The chairperson of the QDMC, or a relevant district disaster coordinator for the disaster situation, may give directions about the circumstances in which a power under another Act may be exercised during the period of the disaster situation.\n(sec.9-ssec.3) However, the chairperson or relevant district disaster coordinator must not give directions about the way in which the power may be exercised.\n(sec.9-ssec.4) A direction under subsection (2) may be given— only to the person who may exercise the power under the other Act; and only if it is necessary for effective management of the disaster for which the disaster situation is declared. The chairperson of the QDMC may direct an authorised person under the Environmental Protection Act 1994 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised. If the disaster situation involves an outbreak of an animal disease, the chairperson of the QDMC may direct an authorised officer under the Biosecurity Act 2014 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised.\n(sec.9-ssec.5) Also, a direction under subsection (2) — may be general or limited to a particular class of persons; and may be given on conditions.\n(sec.9-ssec.6) Before giving a direction under subsection (2) about the exercise of a power under another Act, the chairperson or relevant district disaster coordinator must take reasonable steps to consult with the chief executive of the department or other agency in which the Act is administered.\n(sec.9-ssec.7) A failure to consult under subsection (6) does not affect the validity of the direction.\n(sec.9-ssec.8) Subsection (2) does not apply to the Police Powers and Responsibilities Act 2000 or to terrorist emergency powers or CBR emergency powers under the Public Safety Preservation Act 1986 .\n- (a) only to the person who may exercise the power under the other Act; and\n- (b) only if it is necessary for effective management of the disaster for which the disaster situation is declared.\n- • The chairperson of the QDMC may direct an authorised person under the Environmental Protection Act 1994 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised.\n- • If the disaster situation involves an outbreak of an animal disease, the chairperson of the QDMC may direct an authorised officer under the Biosecurity Act 2014 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised.\n- (a) may be general or limited to a particular class of persons; and\n- (b) may be given on conditions.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Limit on application of Act in particular circumstances","content":"### sec.10 Limit on application of Act in particular circumstances\n\nThis Act does not authorise anyone to do, or make preparations to do, any of the following—\nengage in armed combat against an enemy;\nput down a riot or other civil disturbance;\nend a strike or lockout.\n- (a) engage in armed combat against an enemy;\n- (b) put down a riot or other civil disturbance;\n- (c) end a strike or lockout.","sortOrder":14},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Definitions","content":"### sec.11 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.\ns 11 amd 2012 No. 43 s 223","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 om 2012 No. 43 s 325 sch 2","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of disaster","content":"### sec.13 Meaning of disaster\n\nA disaster is a serious disruption in a community, caused by the impact of an event, that requires a significant coordinated response by the State and other entities to help the community recover from the disruption.\nIn this section—\nserious disruption means—\nloss of human life, or illness or injury to humans; or\nwidespread or severe property loss or damage; or\nwidespread or severe damage to the environment.\n(sec.13-ssec.1) A disaster is a serious disruption in a community, caused by the impact of an event, that requires a significant coordinated response by the State and other entities to help the community recover from the disruption.\n(sec.13-ssec.2) In this section— serious disruption means— loss of human life, or illness or injury to humans; or widespread or severe property loss or damage; or widespread or severe damage to the environment.\n- (a) loss of human life, or illness or injury to humans; or\n- (b) widespread or severe property loss or damage; or\n- (c) widespread or severe damage to the environment.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of disaster management","content":"### sec.14 Meaning of disaster management\n\nDisaster management means arrangements about managing the potential adverse effects of an event, including, for example, arrangements for mitigating, preventing, preparing for, responding to and recovering from a disaster.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of disaster operations","content":"### sec.15 Meaning of disaster operations\n\nDisaster operations means activities undertaken before, during or after an event happens to help reduce loss of human life, illness or injury to humans, property loss or damage, or damage to the environment, including, for example, activities to mitigate the adverse effects of the event.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of event","content":"### sec.16 Meaning of event\n\nAn event means any of the following—\na cyclone, earthquake, flood, storm, storm tide, tornado, tsunami, volcanic eruption or other natural happening;\nan explosion or fire, a chemical, fuel or oil spill, or a gas leak;\nan infestation, plague or epidemic;\na prevalence of foot-and-mouth disease\na failure of, or disruption to, an essential service or infrastructure;\nan attack against the State;\nanother event similar to an event mentioned in paragraphs (a) to (e) .\nAn event may be natural or caused by human acts or omissions.\n(sec.16-ssec.1) An event means any of the following— a cyclone, earthquake, flood, storm, storm tide, tornado, tsunami, volcanic eruption or other natural happening; an explosion or fire, a chemical, fuel or oil spill, or a gas leak; an infestation, plague or epidemic; a prevalence of foot-and-mouth disease a failure of, or disruption to, an essential service or infrastructure; an attack against the State; another event similar to an event mentioned in paragraphs (a) to (e) .\n(sec.16-ssec.2) An event may be natural or caused by human acts or omissions.\n- (a) a cyclone, earthquake, flood, storm, storm tide, tornado, tsunami, volcanic eruption or other natural happening;\n- (b) an explosion or fire, a chemical, fuel or oil spill, or a gas leak;\n- (c) an infestation, plague or epidemic; Example of an epidemic— a prevalence of foot-and-mouth disease\n- (d) a failure of, or disruption to, an essential service or infrastructure;\n- (e) an attack against the State;\n- (f) another event similar to an event mentioned in paragraphs (a) to (e) .","sortOrder":21},{"sectionNumber":"pt.1-div.4A","sectionType":"division","heading":"Functions of police commissioner","content":"## Functions of police commissioner","sortOrder":22},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Functions of police commissioner","content":"### sec.16A Functions of police commissioner\n\nThe police commissioner has the following functions for the administration of this Act—\nto establish and maintain arrangements between the State and the Commonwealth about matters relating to effective disaster management;\nto ensure that disaster management and disaster operations in the State are consistent with the following—\nthe QDMC’s strategic policy framework for disaster management for the State;\nthe State disaster management plan;\nthe disaster management standards;\nthe disaster management guidelines;\nto ensure that persons performing functions under this Act in relation to disaster operations are appropriately trained;\nto provide advice and support to the QDMC and local and district groups in relation to disaster management and disaster operations.\ns 16A ins 2010 No. 40 s 5\namd 2014 No. 17 s 29 ; 2024 No. 22 s 92 sch 1\n- (a) to establish and maintain arrangements between the State and the Commonwealth about matters relating to effective disaster management;\n- (b) to ensure that disaster management and disaster operations in the State are consistent with the following— (i) the QDMC’s strategic policy framework for disaster management for the State; (ii) the State disaster management plan; (iii) the disaster management standards; (iv) the disaster management guidelines;\n- (i) the QDMC’s strategic policy framework for disaster management for the State;\n- (ii) the State disaster management plan;\n- (iii) the disaster management standards;\n- (iv) the disaster management guidelines;\n- (c) to ensure that persons performing functions under this Act in relation to disaster operations are appropriately trained;\n- (d) to provide advice and support to the QDMC and local and district groups in relation to disaster management and disaster operations.\n- (i) the QDMC’s strategic policy framework for disaster management for the State;\n- (ii) the State disaster management plan;\n- (iii) the disaster management standards;\n- (iv) the disaster management guidelines;","sortOrder":23},{"sectionNumber":"pt.1A","sectionType":"part","heading":"Office of the Inspector-General of Emergency Management","content":"# Office of the Inspector-General of Emergency Management","sortOrder":24},{"sectionNumber":"pt.1A-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":25},{"sectionNumber":"sec.16B","sectionType":"section","heading":"Establishment","content":"### sec.16B Establishment\n\nThe Office of the Inspector-General of Emergency Management (the office ) is established.\ns 16B ins 2014 No. 17 s 30","sortOrder":26},{"sectionNumber":"pt.1A-div.2","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":27},{"sectionNumber":"sec.16C","sectionType":"section","heading":"Office’s functions","content":"### sec.16C Office’s functions\n\nThe office has the following functions—\nto regularly review and assess the effectiveness of disaster management by the State, including the State disaster management plan and its implementation;\nto regularly review and assess the effectiveness of disaster management by district groups and local groups, including district and local disaster management plans;\nto regularly review and assess cooperation between entities responsible for disaster management in the State, including whether the disaster management systems and procedures employed by those entities are compatible and consistent;\nto make disaster management standards;\nto regularly review and assess disaster management standards;\nto review, assess and report on performance by entities responsible for disaster management in the State against the disaster management standards;\nto work with entities performing emergency services, departments and the community to identify and improve disaster management capabilities, including volunteer capabilities;\nto monitor compliance by departments with their disaster management responsibilities;\nto identify opportunities for cooperative partnerships to improve disaster management outcomes;\nto report to, and advise, the Minister about issues relating to the functions mentioned in paragraphs (a) to (i) ;\nto make all necessary inquiries to fulfil the functions mentioned in this section;\nto perform a function incidental to a function mentioned in paragraphs (a) to (k) .\ns 16C ins 2014 No. 17 s 30\n- (a) to regularly review and assess the effectiveness of disaster management by the State, including the State disaster management plan and its implementation;\n- (b) to regularly review and assess the effectiveness of disaster management by district groups and local groups, including district and local disaster management plans;\n- (c) to regularly review and assess cooperation between entities responsible for disaster management in the State, including whether the disaster management systems and procedures employed by those entities are compatible and consistent;\n- (d) to make disaster management standards;\n- (e) to regularly review and assess disaster management standards;\n- (f) to review, assess and report on performance by entities responsible for disaster management in the State against the disaster management standards;\n- (g) to work with entities performing emergency services, departments and the community to identify and improve disaster management capabilities, including volunteer capabilities;\n- (h) to monitor compliance by departments with their disaster management responsibilities;\n- (i) to identify opportunities for cooperative partnerships to improve disaster management outcomes;\n- (j) to report to, and advise, the Minister about issues relating to the functions mentioned in paragraphs (a) to (i) ;\n- (k) to make all necessary inquiries to fulfil the functions mentioned in this section;\n- (l) to perform a function incidental to a function mentioned in paragraphs (a) to (k) .","sortOrder":28},{"sectionNumber":"pt.1A-div.3","sectionType":"division","heading":"Membership of the office","content":"## Membership of the office","sortOrder":29},{"sectionNumber":"sec.16D","sectionType":"section","heading":"Membership of office","content":"### sec.16D Membership of office\n\nThe office consists of—\nthe inspector-general; and\nthe staff of the office.\ns 16D ins 2014 No. 17 s 30\n- (a) the inspector-general; and\n- (b) the staff of the office.","sortOrder":30},{"sectionNumber":"pt.1A-div.4","sectionType":"division","heading":"Staff of the office","content":"## Staff of the office","sortOrder":31},{"sectionNumber":"sec.16E","sectionType":"section","heading":"Inspector-General of Emergency Management","content":"### sec.16E Inspector-General of Emergency Management\n\nThere is to be an Inspector-General of Emergency Management.\nThe inspector-general is appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person for appointment as the inspector-general only if the Minister is satisfied the person is appropriately qualified to exercise the inspector-general’s functions and powers effectively and efficiently.\ns 16E ins 2014 No. 17 s 30\n(sec.16E-ssec.1) There is to be an Inspector-General of Emergency Management.\n(sec.16E-ssec.2) The inspector-general is appointed by the Governor in Council on the recommendation of the Minister.\n(sec.16E-ssec.3) The Minister may recommend a person for appointment as the inspector-general only if the Minister is satisfied the person is appropriately qualified to exercise the inspector-general’s functions and powers effectively and efficiently.","sortOrder":32},{"sectionNumber":"sec.16F","sectionType":"section","heading":"Inspector-general employed under this Act","content":"### sec.16F Inspector-general employed under this Act\n\nThe inspector-general is employed under this Act and not the Public Sector Act 2022 .\ns 16F ins 2014 No. 17 s 30\namd 2022 No. 34 s 365 sch 3","sortOrder":33},{"sectionNumber":"sec.16G","sectionType":"section","heading":"Term of office","content":"### sec.16G Term of office\n\nThe inspector-general holds office for the term, of not more than 5 years, stated in the inspector-general’s instrument of appointment.\ns 16G ins 2014 No. 17 s 30","sortOrder":34},{"sectionNumber":"sec.16H","sectionType":"section","heading":"Functions of inspector-general","content":"### sec.16H Functions of inspector-general\n\nThe main functions of the inspector-general are as follows—\nto ensure the effective and efficient administration and operation of the office and the performance of its functions;\nto manage the staff of the office in accordance with the requirements of this Act and the Public Sector Act 2022 .\nThe inspector-general’s functions also include any other function given to the inspector-general under this Act or another Act.\ns 16H ins 2014 No. 17 s 30\namd 2022 No. 34 s 365 sch 3\n(sec.16H-ssec.1) The main functions of the inspector-general are as follows— to ensure the effective and efficient administration and operation of the office and the performance of its functions; to manage the staff of the office in accordance with the requirements of this Act and the Public Sector Act 2022 .\n(sec.16H-ssec.2) The inspector-general’s functions also include any other function given to the inspector-general under this Act or another Act.\n- (a) to ensure the effective and efficient administration and operation of the office and the performance of its functions;\n- (b) to manage the staff of the office in accordance with the requirements of this Act and the Public Sector Act 2022 .","sortOrder":35},{"sectionNumber":"sec.16I","sectionType":"section","heading":"Conditions of appointment","content":"### sec.16I Conditions of appointment\n\nThe inspector-general is to be paid the remuneration and allowances decided by the Governor in Council.\nThe inspector-general holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.\ns 16I ins 2014 No. 17 s 30\n(sec.16I-ssec.1) The inspector-general is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.16I-ssec.2) The inspector-general holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.","sortOrder":36},{"sectionNumber":"sec.16J","sectionType":"section","heading":"Vacancy in office of inspector-general","content":"### sec.16J Vacancy in office of inspector-general\n\nThe office of the inspector-general becomes vacant—\nif the inspector-general—\nresigns office by signed notice to the Minister giving at least 1 month’s notice; or\nis convicted of an indictable offence; or\nis a person who is an insolvent under administration; or\nis removed from office by the Governor in Council under subsection (2) ; or\nif the inspector-general is suspended by the Minister under subsection (4) —during the period of the suspension.\nThe Governor in Council may, at any time, remove the inspector-general from office on the recommendation of the Minister.\nThe Minister may recommend the inspector-general’s removal only if the Minister is satisfied the inspector-general—\nhas been guilty of misconduct; or\nis incapable of performing their duties; or\nhas neglected their duties or performed them incompetently.\nThe Minister may suspend the inspector-general for up to 60 days by signed notice to the inspector-general if—\nthere is an allegation of misconduct against the inspector-general; or\nthe Minister is satisfied a matter has arisen in relation to the inspector-general that may be grounds for removal under this section.\ns 16J ins 2014 No. 17 s 30\namd 2023 No. 23 s 247 sch 1 s 2 (2) ; 2024 No. 22 s 92 sch 1\n(sec.16J-ssec.1) The office of the inspector-general becomes vacant— if the inspector-general— resigns office by signed notice to the Minister giving at least 1 month’s notice; or is convicted of an indictable offence; or is a person who is an insolvent under administration; or is removed from office by the Governor in Council under subsection (2) ; or if the inspector-general is suspended by the Minister under subsection (4) —during the period of the suspension.\n(sec.16J-ssec.2) The Governor in Council may, at any time, remove the inspector-general from office on the recommendation of the Minister.\n(sec.16J-ssec.3) The Minister may recommend the inspector-general’s removal only if the Minister is satisfied the inspector-general— has been guilty of misconduct; or is incapable of performing their duties; or has neglected their duties or performed them incompetently.\n(sec.16J-ssec.4) The Minister may suspend the inspector-general for up to 60 days by signed notice to the inspector-general if— there is an allegation of misconduct against the inspector-general; or the Minister is satisfied a matter has arisen in relation to the inspector-general that may be grounds for removal under this section.\n- (a) if the inspector-general— (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or (ii) is convicted of an indictable offence; or (iii) is a person who is an insolvent under administration; or (iv) is removed from office by the Governor in Council under subsection (2) ; or\n- (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or\n- (ii) is convicted of an indictable offence; or\n- (iii) is a person who is an insolvent under administration; or\n- (iv) is removed from office by the Governor in Council under subsection (2) ; or\n- (b) if the inspector-general is suspended by the Minister under subsection (4) —during the period of the suspension.\n- (i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or\n- (ii) is convicted of an indictable offence; or\n- (iii) is a person who is an insolvent under administration; or\n- (iv) is removed from office by the Governor in Council under subsection (2) ; or\n- (a) has been guilty of misconduct; or\n- (b) is incapable of performing their duties; or\n- (c) has neglected their duties or performed them incompetently.\n- (a) there is an allegation of misconduct against the inspector-general; or\n- (b) the Minister is satisfied a matter has arisen in relation to the inspector-general that may be grounds for removal under this section.","sortOrder":37},{"sectionNumber":"sec.16K","sectionType":"section","heading":"Preservation of rights of inspector-general","content":"### sec.16K Preservation of rights of inspector-general\n\nThis section applies if a person who is a public service employee is appointed as the inspector-general.\nThe person keeps all rights accrued or accruing to the person as a public service employee as if service as the inspector-general were a continuation of service as a public service employee.\nAt the end of the person’s term of office or on resignation as the inspector-general, the person’s service as the inspector-general is taken to be service of a like nature in the public service for deciding the person’s rights as a public service employee.\ns 16K ins 2014 No. 17 s 30\n(sec.16K-ssec.1) This section applies if a person who is a public service employee is appointed as the inspector-general.\n(sec.16K-ssec.2) The person keeps all rights accrued or accruing to the person as a public service employee as if service as the inspector-general were a continuation of service as a public service employee.\n(sec.16K-ssec.3) At the end of the person’s term of office or on resignation as the inspector-general, the person’s service as the inspector-general is taken to be service of a like nature in the public service for deciding the person’s rights as a public service employee.","sortOrder":38},{"sectionNumber":"sec.16L","sectionType":"section","heading":"Acting inspector-general","content":"### sec.16L Acting inspector-general\n\nThe Minister may appoint a person to act in the office of inspector-general during—\na vacancy in the office of inspector-general; or\nany period, or all periods, when the inspector-general is absent from duty, or can not, for another reason, perform the functions of the office.\ns 16L ins 2014 No. 17 s 30\n- (a) a vacancy in the office of inspector-general; or\n- (b) any period, or all periods, when the inspector-general is absent from duty, or can not, for another reason, perform the functions of the office.","sortOrder":39},{"sectionNumber":"sec.16M","sectionType":"section","heading":"Office staff","content":"### sec.16M Office staff\n\nThe office may employ the staff it considers appropriate to perform its functions or exercise its powers.\nThe staff are to be employed under the Public Sector Act 2022 .\ns 16M ins 2014 No. 17 s 30\namd 2022 No. 34 s 365 sch 3\n(sec.16M-ssec.1) The office may employ the staff it considers appropriate to perform its functions or exercise its powers.\n(sec.16M-ssec.2) The staff are to be employed under the Public Sector Act 2022 .","sortOrder":40},{"sectionNumber":"pt.1A-div.5","sectionType":"division","heading":"Disaster management standards","content":"## Disaster management standards","sortOrder":41},{"sectionNumber":"sec.16N","sectionType":"section","heading":"Making standards","content":"### sec.16N Making standards\n\nThe inspector-general may make 1 or more standards (each a disaster management standard ) about the way in which entities responsible for disaster management in the State are to undertake disaster management.\ns 16N ins 2014 No. 17 s 30\n(sec.16N-ssec.1) The inspector-general may make 1 or more standards (each a disaster management standard ) about the way in which entities responsible for disaster management in the State are to undertake disaster management.","sortOrder":42},{"sectionNumber":"sec.16O","sectionType":"section","heading":"Access to standards","content":"### sec.16O Access to standards\n\nThe inspector-general must ensure the disaster management standards are published on the office’s website.\ns 16O ins 2014 No. 17 s 30","sortOrder":43},{"sectionNumber":"pt.1A-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":44},{"sectionNumber":"sec.16P","sectionType":"section","heading":"Provision of information","content":"### sec.16P Provision of information\n\nSubsection (2) applies if the inspector-general considers a public sector unit has information necessary for the performance of the inspector-general’s or the office’s functions.\nThe inspector-general may ask the public sector unit to give the inspector-general the information within a stated reasonable time.\nThe public sector unit must comply with the request unless it reasonably considers the disclosure of the information—\nis prohibited under an Act; or\nis impracticable; or\nwould prejudice the investigation of a contravention, or possible contravention, of a law; or\nwould prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or\nwould endanger a person’s life or safety.\nIf the public sector unit decides not to comply with the request, the unit must advise the inspector-general of its reasons for not doing so.\nThe inspector-general may enter into an arrangement with a public sector unit about the provision by the unit of information in the unit’s possession that is required by the inspector-general.\nIn this section—\npublic sector unit includes the chief executive, however described, of the unit.\ns 16P ins 2014 No. 17 s 30\n(sec.16P-ssec.1) Subsection (2) applies if the inspector-general considers a public sector unit has information necessary for the performance of the inspector-general’s or the office’s functions.\n(sec.16P-ssec.2) The inspector-general may ask the public sector unit to give the inspector-general the information within a stated reasonable time.\n(sec.16P-ssec.3) The public sector unit must comply with the request unless it reasonably considers the disclosure of the information— is prohibited under an Act; or is impracticable; or would prejudice the investigation of a contravention, or possible contravention, of a law; or would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or would endanger a person’s life or safety.\n(sec.16P-ssec.4) If the public sector unit decides not to comply with the request, the unit must advise the inspector-general of its reasons for not doing so.\n(sec.16P-ssec.5) The inspector-general may enter into an arrangement with a public sector unit about the provision by the unit of information in the unit’s possession that is required by the inspector-general.\n(sec.16P-ssec.6) In this section— public sector unit includes the chief executive, however described, of the unit.\n- (a) is prohibited under an Act; or\n- (b) is impracticable; or\n- (c) would prejudice the investigation of a contravention, or possible contravention, of a law; or\n- (d) would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or\n- (e) would endanger a person’s life or safety.","sortOrder":45},{"sectionNumber":"sec.16Q","sectionType":"section","heading":"Delegations","content":"### sec.16Q Delegations\n\nThe inspector-general may delegate a function of the inspector-general under this Act to an appropriately qualified person.\nA delegation of a function may permit the subdelegation of the function.\nIn this section—\nfunction includes power or responsibility.\ns 16Q ins 2014 No. 17 s 30\n(sec.16Q-ssec.1) The inspector-general may delegate a function of the inspector-general under this Act to an appropriately qualified person.\n(sec.16Q-ssec.2) A delegation of a function may permit the subdelegation of the function.\n(sec.16Q-ssec.3) In this section— function includes power or responsibility.","sortOrder":46},{"sectionNumber":"pt.2","sectionType":"part","heading":"Disaster management groups","content":"# Disaster management groups","sortOrder":47},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Queensland Disaster Management Committee","content":"## Queensland Disaster Management Committee","sortOrder":48},{"sectionNumber":"sec.17","sectionType":"section","heading":"Establishment","content":"### sec.17 Establishment\n\nA group known as the Queensland Disaster Management Committee (the QDMC ) is established.\ns 17 sub 2014 No. 55 s 4\namd 2024 No. 22 s 5","sortOrder":49},{"sectionNumber":"sec.18","sectionType":"section","heading":"Functions","content":"### sec.18 Functions\n\nThe QDMC has the following functions—\nto provide strategic leadership for disaster management and disaster operations for the State;\nto develop a strategic policy framework for disaster management for the State;\nto ensure effective disaster management is developed and implemented for the State;\nto ensure arrangements between the State and the Commonwealth about matters relating to effective disaster management are established and maintained;\nto identify resources, in and outside the State, that may be used for disaster operations;\nto provide reports and make recommendations that the QDMC considers appropriate about matters relating to disaster management and disaster operations;\nto prepare, under section 49 , the State disaster management plan;\nto coordinate State and Commonwealth assistance for disaster management and disaster operations;\nto perform other functions given to the group under this or another Act;\nto perform a function incidental to a function mentioned in paragraphs (a) to (h) .\ns 18 amd 2010 No. 40 s 6 ; 2014 No. 55 s 5 ; 2024 No. 22 s 6\n- (a) to provide strategic leadership for disaster management and disaster operations for the State;\n- (b) to develop a strategic policy framework for disaster management for the State;\n- (c) to ensure effective disaster management is developed and implemented for the State;\n- (d) to ensure arrangements between the State and the Commonwealth about matters relating to effective disaster management are established and maintained;\n- (e) to identify resources, in and outside the State, that may be used for disaster operations;\n- (f) to provide reports and make recommendations that the QDMC considers appropriate about matters relating to disaster management and disaster operations;\n- (g) to prepare, under section 49 , the State disaster management plan;\n- (h) to coordinate State and Commonwealth assistance for disaster management and disaster operations;\n- (i) to perform other functions given to the group under this or another Act;\n- (j) to perform a function incidental to a function mentioned in paragraphs (a) to (h) .","sortOrder":50},{"sectionNumber":"sec.19","sectionType":"section","heading":"Membership","content":"### sec.19 Membership\n\nThe QDMC consists of the following members—\nthe persons prescribed by regulation;\nother persons invited by the chairperson of the QDMC to be members of the group.\nIf the chairperson of the QDMC invites a person to be a member of the group under subsection (1) (b) , the person’s membership is subject to the conditions decided by the chairperson.\na person’s membership is for a limited period\ns 19 sub 2010 No. 40 s 7\namd 2011 No. 33 s 3 ; 2014 No. 17 s 31\nsub 2014 No. 55 s 6\namd 2024 No. 22 s 92 sch 1\n(sec.19-ssec.1) The QDMC consists of the following members— the persons prescribed by regulation; other persons invited by the chairperson of the QDMC to be members of the group.\n(sec.19-ssec.2) If the chairperson of the QDMC invites a person to be a member of the group under subsection (1) (b) , the person’s membership is subject to the conditions decided by the chairperson. a person’s membership is for a limited period\n- (a) the persons prescribed by regulation;\n- (b) other persons invited by the chairperson of the QDMC to be members of the group.","sortOrder":51},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Persons who are to assist or carry out other activities relating to the QDMC","content":"### sec.19A Persons who are to assist or carry out other activities relating to the QDMC\n\nA regulation may prescribe persons who are to—\nassist the QDMC in carrying out the group’s functions; or\ncarry out other activities prescribed by regulation that relate to the QDMC.\nAlso, the chairperson of the QDMC may invite persons to—\nassist the QDMC in carrying out the group’s functions; or\ncarry out other activities prescribed by regulation that relate to the QDMC.\nIf the chairperson of the QDMC invites a person under subsection (2) , the person’s invitation is subject to the conditions decided by the chairperson.\na person is invited to assist the QDMC only in relation to a particular meeting of the group\ns 19A ins 2014 No. 55 s 6\namd 2024 No. 22 s 92 sch 1\n(sec.19A-ssec.1) A regulation may prescribe persons who are to— assist the QDMC in carrying out the group’s functions; or carry out other activities prescribed by regulation that relate to the QDMC.\n(sec.19A-ssec.2) Also, the chairperson of the QDMC may invite persons to— assist the QDMC in carrying out the group’s functions; or carry out other activities prescribed by regulation that relate to the QDMC.\n(sec.19A-ssec.3) If the chairperson of the QDMC invites a person under subsection (2) , the person’s invitation is subject to the conditions decided by the chairperson. a person is invited to assist the QDMC only in relation to a particular meeting of the group\n- (a) assist the QDMC in carrying out the group’s functions; or\n- (b) carry out other activities prescribed by regulation that relate to the QDMC.\n- (a) assist the QDMC in carrying out the group’s functions; or\n- (b) carry out other activities prescribed by regulation that relate to the QDMC.","sortOrder":52},{"sectionNumber":"sec.20","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.20 Chairperson and deputy chairperson\n\nThe chairperson and deputy chairperson of the QDMC are the members of the group prescribed by regulation.\nThe chairperson may appoint another member of the QDMC to act as chairperson of the group.\nThe deputy chairperson of the QDMC is to act as chairperson—\nduring a vacancy in the office of chairperson; and\nif there is no appointee under subsection (2) —during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office; and\nif there is an appointee under subsection (2) —during all periods when the appointee is absent from duty or for another reason can not perform the functions of the office.\ns 20 amd 2010 No. 40 s 8 ; 2014 No. 17 s 32\nsub 2014 No. 55 s 6\namd 2024 No. 22 s 92 sch 1\n(sec.20-ssec.1) The chairperson and deputy chairperson of the QDMC are the members of the group prescribed by regulation.\n(sec.20-ssec.2) The chairperson may appoint another member of the QDMC to act as chairperson of the group.\n(sec.20-ssec.3) The deputy chairperson of the QDMC is to act as chairperson— during a vacancy in the office of chairperson; and if there is no appointee under subsection (2) —during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office; and if there is an appointee under subsection (2) —during all periods when the appointee is absent from duty or for another reason can not perform the functions of the office.\n- (a) during a vacancy in the office of chairperson; and\n- (b) if there is no appointee under subsection (2) —during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office; and\n- (c) if there is an appointee under subsection (2) —during all periods when the appointee is absent from duty or for another reason can not perform the functions of the office.","sortOrder":53},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Functions of chairperson of QDMC","content":"### sec.20A Functions of chairperson of QDMC\n\nThe chairperson of the QDMC has the following functions—\nto manage and coordinate the business of the group;\nto ensure, as far as practicable, that the group performs its functions;\nother functions given to the chairperson under this Act or another Act.\ns 20A ins 2010 No. 40 s 9\namd 2024 No. 22 s 7\n- (a) to manage and coordinate the business of the group;\n- (b) to ensure, as far as practicable, that the group performs its functions;\n- (c) other functions given to the chairperson under this Act or another Act.","sortOrder":54},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Chairperson may give notice about deemed approvals under Planning Act","content":"### sec.20B Chairperson may give notice about deemed approvals under Planning Act\n\nThis section applies—\nif there is a disaster situation; and\ndespite the Planning Act .\nThe chairperson of the QDMC may give a written notice to a relevant local government for the disaster situation stating that the deemed approval provision does not apply to a development application, or change application, (an affected application ) made to the local government but not decided before the day the local government receives the notice.\nThe chairperson may give the notice only if satisfied the giving of the notice is appropriate having regard to the effect on the relevant local government of the disaster for which the disaster situation has been declared.\nThe notice must state—\na day (the stated day ), being not more than 20 business days after the disaster situation ends, the notice ceases to have effect; and\nhow the notice affects any affected applications.\nAs soon as practicable after giving a notice to a local government under subsection (2) , the chairperson must ensure the following is published on the website of the department in which the Planning Act is administered—\na statement that the notice has been given to the local government;\na copy of the notice.\nIf a notice is given to a local government under subsection (2) —\nthe deemed approval provision is taken not to apply to an affected application—\nfrom the day the local government receives the notice; and\nto the end of the stated day; and\nthe applicant for the affected application can not give a deemed approval notice under the Planning Act for the application until after the end of the stated day; and\na deemed approval notice given, or purportedly given, under the Planning Act for the application after the day the local government receives the notice under subsection (2) , and before the stated day ends, is taken to be of no effect under that Act.\nIn this section—\nchange application means a change application under the Planning Act , other than a change application for a minor change to a development approval, as defined in that Act.\ndeemed approval provision means the Planning Act , section 64 .\ndevelopment application means a development application under the Planning Act .\nPlanning Act means the Planning Act 2016 .\nrelevant local government , for a disaster situation, means a local government in whose local government area the declared area, or part of the declared area, for the disaster situation is situated.\ns 20B ins 2011 No. 1 s 149\namd 2016 No. 27 s 165 ; 2023 No. 7 s 4 ; 2024 No. 22 s 92 sch 1\n(sec.20B-ssec.1) This section applies— if there is a disaster situation; and despite the Planning Act .\n(sec.20B-ssec.2) The chairperson of the QDMC may give a written notice to a relevant local government for the disaster situation stating that the deemed approval provision does not apply to a development application, or change application, (an affected application ) made to the local government but not decided before the day the local government receives the notice.\n(sec.20B-ssec.3) The chairperson may give the notice only if satisfied the giving of the notice is appropriate having regard to the effect on the relevant local government of the disaster for which the disaster situation has been declared.\n(sec.20B-ssec.4) The notice must state— a day (the stated day ), being not more than 20 business days after the disaster situation ends, the notice ceases to have effect; and how the notice affects any affected applications.\n(sec.20B-ssec.5) As soon as practicable after giving a notice to a local government under subsection (2) , the chairperson must ensure the following is published on the website of the department in which the Planning Act is administered— a statement that the notice has been given to the local government; a copy of the notice.\n(sec.20B-ssec.6) If a notice is given to a local government under subsection (2) — the deemed approval provision is taken not to apply to an affected application— from the day the local government receives the notice; and to the end of the stated day; and the applicant for the affected application can not give a deemed approval notice under the Planning Act for the application until after the end of the stated day; and a deemed approval notice given, or purportedly given, under the Planning Act for the application after the day the local government receives the notice under subsection (2) , and before the stated day ends, is taken to be of no effect under that Act.\n(sec.20B-ssec.7) In this section— change application means a change application under the Planning Act , other than a change application for a minor change to a development approval, as defined in that Act. deemed approval provision means the Planning Act , section 64 . development application means a development application under the Planning Act . Planning Act means the Planning Act 2016 . relevant local government , for a disaster situation, means a local government in whose local government area the declared area, or part of the declared area, for the disaster situation is situated.\n- (a) if there is a disaster situation; and\n- (b) despite the Planning Act .\n- (a) a day (the stated day ), being not more than 20 business days after the disaster situation ends, the notice ceases to have effect; and\n- (b) how the notice affects any affected applications.\n- (a) a statement that the notice has been given to the local government;\n- (b) a copy of the notice.\n- (a) the deemed approval provision is taken not to apply to an affected application— (i) from the day the local government receives the notice; and (ii) to the end of the stated day; and\n- (i) from the day the local government receives the notice; and\n- (ii) to the end of the stated day; and\n- (b) the applicant for the affected application can not give a deemed approval notice under the Planning Act for the application until after the end of the stated day; and\n- (c) a deemed approval notice given, or purportedly given, under the Planning Act for the application after the day the local government receives the notice under subsection (2) , and before the stated day ends, is taken to be of no effect under that Act.\n- (i) from the day the local government receives the notice; and\n- (ii) to the end of the stated day; and","sortOrder":55},{"sectionNumber":"sec.21","sectionType":"section","heading":"Police commissioner to appoint executive officer of the QDMC","content":"### sec.21 Police commissioner to appoint executive officer of the QDMC\n\nThe police commissioner must appoint an executive officer of the QDMC.\ns 21 sub 2010 No. 40 s 10\namd 2024 No. 22 s 92 sch 1","sortOrder":56},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Executive officer to provide support","content":"### sec.21A Executive officer to provide support\n\nThe executive officer must provide support to the QDMC, as directed by the chairperson of the QDMC, to help it perform its functions, including the following—\nproviding executive support at meetings of the QDMC;\ncalling meetings of the QDMC;\nproviding any other executive support the chairperson considers necessary.\ns 21A ins 2010 No. 40 s 10\namd 2024 No. 22 s 92 sch 1\n- (a) providing executive support at meetings of the QDMC;\n- (b) calling meetings of the QDMC;\n- (c) providing any other executive support the chairperson considers necessary.","sortOrder":57},{"sectionNumber":"sec.21B","sectionType":"section","heading":"State disaster coordinator","content":"### sec.21B State disaster coordinator\n\nThe chairperson of the QDMC must appoint one of the following persons as a State disaster coordinator to coordinate disaster operations for the group—\na deputy commissioner of the police service;\nanother person the chairperson decides, after considering the nature of the disaster operations, should be appointed to coordinate the operations.\nThe chairperson must consult with the police commissioner before making the appointment.\nThe appointment must be in writing and may only be terminated in writing.\nThe chairperson may only appoint a person, other than a deputy commissioner of the police service, as a State disaster coordinator if the chairperson is satisfied the person has the necessary expertise or experience to perform the functions of a State disaster coordinator.\ns 21B ins 2010 No. 40 s 10\namd 2014 No. 17 s 33 ; 2014 No. 55 s 7 ; 2024 No. 22 s 92 sch 1\n(sec.21B-ssec.1) The chairperson of the QDMC must appoint one of the following persons as a State disaster coordinator to coordinate disaster operations for the group— a deputy commissioner of the police service; another person the chairperson decides, after considering the nature of the disaster operations, should be appointed to coordinate the operations.\n(sec.21B-ssec.2) The chairperson must consult with the police commissioner before making the appointment.\n(sec.21B-ssec.3) The appointment must be in writing and may only be terminated in writing.\n(sec.21B-ssec.4) The chairperson may only appoint a person, other than a deputy commissioner of the police service, as a State disaster coordinator if the chairperson is satisfied the person has the necessary expertise or experience to perform the functions of a State disaster coordinator.\n- (a) a deputy commissioner of the police service;\n- (b) another person the chairperson decides, after considering the nature of the disaster operations, should be appointed to coordinate the operations.","sortOrder":58},{"sectionNumber":"sec.21C","sectionType":"section","heading":"Functions of State disaster coordinator","content":"### sec.21C Functions of State disaster coordinator\n\nThe State disaster coordinator has the following functions—\nto coordinate the disaster response operations for the QDMC;\nto report regularly to the QDMC about disaster response operations;\nto ensure, as far as reasonably practicable, that any strategic decisions of the QDMC about disaster response operations are implemented;\nto provide strategic advice on disaster response operations to district disaster coordinators.\nIn this section—\ndisaster response operations means the phase of disaster operations that relates to responding to a disaster.\ns 21C ins 2010 No. 40 s 10\namd 2024 No. 22 s 92 sch 1\n(sec.21C-ssec.1) The State disaster coordinator has the following functions— to coordinate the disaster response operations for the QDMC; to report regularly to the QDMC about disaster response operations; to ensure, as far as reasonably practicable, that any strategic decisions of the QDMC about disaster response operations are implemented; to provide strategic advice on disaster response operations to district disaster coordinators.\n(sec.21C-ssec.2) In this section— disaster response operations means the phase of disaster operations that relates to responding to a disaster.\n- (a) to coordinate the disaster response operations for the QDMC;\n- (b) to report regularly to the QDMC about disaster response operations;\n- (c) to ensure, as far as reasonably practicable, that any strategic decisions of the QDMC about disaster response operations are implemented;\n- (d) to provide strategic advice on disaster response operations to district disaster coordinators.","sortOrder":59},{"sectionNumber":"sec.21CA","sectionType":"section","heading":"State recovery policy and planning coordinator","content":"### sec.21CA State recovery policy and planning coordinator\n\nThe role of the State recovery policy and planning coordinator is to be performed by—\nthe chief executive officer of the Queensland Reconstruction Authority under the Queensland Reconstruction Authority Act 2011 ; or\nif the chief executive officer is unable to perform the functions of the office—an appropriately qualified person appointed by the chairperson of the QDMC.\nThe appointment must be in writing and may be terminated only in writing.\ns 21CA ins 2024 No. 22 s 8\n(sec.21CA-ssec.1) The role of the State recovery policy and planning coordinator is to be performed by— the chief executive officer of the Queensland Reconstruction Authority under the Queensland Reconstruction Authority Act 2011 ; or if the chief executive officer is unable to perform the functions of the office—an appropriately qualified person appointed by the chairperson of the QDMC.\n(sec.21CA-ssec.2) The appointment must be in writing and may be terminated only in writing.\n- (a) the chief executive officer of the Queensland Reconstruction Authority under the Queensland Reconstruction Authority Act 2011 ; or\n- (b) if the chief executive officer is unable to perform the functions of the office—an appropriately qualified person appointed by the chairperson of the QDMC.","sortOrder":60},{"sectionNumber":"sec.21CB","sectionType":"section","heading":"Functions of State recovery policy and planning coordinator","content":"### sec.21CB Functions of State recovery policy and planning coordinator\n\nThe State recovery policy and planning coordinator has the following functions—\nto make policies and plans for the QDMC about coordinating effective disaster recovery operations;\nto liaise with, and advise, the State disaster coordinator about disaster recovery operations;\nwithout limiting paragraph (b) , to work with the State disaster coordinator to transition from disaster response operations to disaster recovery operations;\nto oversee the implementation of policies for effective disaster recovery operations and for improving resilience of the State;\nif a State recovery coordinator is appointed for a disaster—to liaise with, and advise, the State recovery coordinator about coordinating the disaster recovery operations for the disaster;\nto report regularly to the QDMC about the coordination of disaster recovery operations;\nto otherwise coordinate disaster recovery operations for the QDMC.\nIn this section—\ndisaster response operations see section 21C (2) .\ns 21CB ins 2024 No. 22 s 8\n(sec.21CB-ssec.1) The State recovery policy and planning coordinator has the following functions— to make policies and plans for the QDMC about coordinating effective disaster recovery operations; to liaise with, and advise, the State disaster coordinator about disaster recovery operations; without limiting paragraph (b) , to work with the State disaster coordinator to transition from disaster response operations to disaster recovery operations; to oversee the implementation of policies for effective disaster recovery operations and for improving resilience of the State; if a State recovery coordinator is appointed for a disaster—to liaise with, and advise, the State recovery coordinator about coordinating the disaster recovery operations for the disaster; to report regularly to the QDMC about the coordination of disaster recovery operations; to otherwise coordinate disaster recovery operations for the QDMC.\n(sec.21CB-ssec.2) In this section— disaster response operations see section 21C (2) .\n- (a) to make policies and plans for the QDMC about coordinating effective disaster recovery operations;\n- (b) to liaise with, and advise, the State disaster coordinator about disaster recovery operations;\n- (c) without limiting paragraph (b) , to work with the State disaster coordinator to transition from disaster response operations to disaster recovery operations;\n- (d) to oversee the implementation of policies for effective disaster recovery operations and for improving resilience of the State;\n- (e) if a State recovery coordinator is appointed for a disaster—to liaise with, and advise, the State recovery coordinator about coordinating the disaster recovery operations for the disaster;\n- (f) to report regularly to the QDMC about the coordination of disaster recovery operations;\n- (g) to otherwise coordinate disaster recovery operations for the QDMC.","sortOrder":61},{"sectionNumber":"sec.21D","sectionType":"section","heading":"State recovery coordinator","content":"### sec.21D State recovery coordinator\n\nThe chairperson of the QDMC may appoint a person as the State recovery coordinator for a disaster if the chairperson is satisfied that—\nit is necessary for a State recovery coordinator to be appointed for the disaster; and\nthe person has the necessary expertise or experience to perform the functions of the State recovery coordinator.\nBefore appointing a person as the State recovery coordinator for a disaster, the chairperson of the QDMC must consult with the State recovery policy and planning coordinator.\nThe appointment must be in writing and may only be terminated in writing.\nThe chairperson of the QDMC must terminate the appointment if the chairperson decides that it is no longer necessary for a State recovery coordinator to coordinate disaster recovery operations for the disaster.\nThe chairperson must advise the QDMC of the termination of the appointment.\ns 21D ins 2010 No. 40 s 10\namd 2014 No. 55 s 8 ; 2024 No. 22 s 9\n(sec.21D-ssec.1) The chairperson of the QDMC may appoint a person as the State recovery coordinator for a disaster if the chairperson is satisfied that— it is necessary for a State recovery coordinator to be appointed for the disaster; and the person has the necessary expertise or experience to perform the functions of the State recovery coordinator.\n(sec.21D-ssec.2) Before appointing a person as the State recovery coordinator for a disaster, the chairperson of the QDMC must consult with the State recovery policy and planning coordinator.\n(sec.21D-ssec.3) The appointment must be in writing and may only be terminated in writing.\n(sec.21D-ssec.4) The chairperson of the QDMC must terminate the appointment if the chairperson decides that it is no longer necessary for a State recovery coordinator to coordinate disaster recovery operations for the disaster.\n(sec.21D-ssec.5) The chairperson must advise the QDMC of the termination of the appointment.\n- (a) it is necessary for a State recovery coordinator to be appointed for the disaster; and\n- (b) the person has the necessary expertise or experience to perform the functions of the State recovery coordinator.","sortOrder":62},{"sectionNumber":"sec.21E","sectionType":"section","heading":"Functions of State recovery coordinator","content":"### sec.21E Functions of State recovery coordinator\n\nThe State recovery coordinator for a disaster has the following functions—\nto coordinate the disaster recovery operations for the disaster;\nto liaise with, and advise, the State recovery policy and planning coordinator about the disaster recovery operations;\nto report regularly about the disaster recovery operations to the State recovery policy and planning coordinator;\nto report about the disaster recovery operations to the chairperson of the QDMC as directed by the chairperson;\nto ensure, as far as reasonably practicable, that any strategic decisions of the QDMC relevant to the disaster recovery operations are implemented;\nto provide strategic advice on the disaster recovery operations to government agencies performing disaster recovery operations for the disaster.\ns 21E ins 2010 No. 40 s 10\nsub 2024 No. 22 s 10\n- (a) to coordinate the disaster recovery operations for the disaster;\n- (b) to liaise with, and advise, the State recovery policy and planning coordinator about the disaster recovery operations;\n- (c) to report regularly about the disaster recovery operations to the State recovery policy and planning coordinator;\n- (d) to report about the disaster recovery operations to the chairperson of the QDMC as directed by the chairperson;\n- (e) to ensure, as far as reasonably practicable, that any strategic decisions of the QDMC relevant to the disaster recovery operations are implemented;\n- (f) to provide strategic advice on the disaster recovery operations to government agencies performing disaster recovery operations for the disaster.","sortOrder":63},{"sectionNumber":"pt.2-div.1A","sectionType":"division","heading":"State Disaster Management Group","content":"## State Disaster Management Group","sortOrder":64},{"sectionNumber":"sec.21F","sectionType":"section","heading":"Establishment","content":"### sec.21F Establishment\n\nA group known as the State Disaster Management Group (the SDM group ) is established.\ns 21F ins 2024 No. 18 s 4","sortOrder":65},{"sectionNumber":"sec.21G","sectionType":"section","heading":"Functions and powers","content":"### sec.21G Functions and powers\n\nThe SDM group has the following functions—\nto provide timely strategic oversight of, and support for, disaster management and disaster operations for the State;\nto consider strategies and policies for managing a disaster and to give advice to the QDMC about implementing the strategies and policies;\nother functions given to the group under this Act or another Act;\nfunctions incidental to a function mentioned in paragraph (a) , (b) or (c) .\nThe SDM group has power to do anything necessary or convenient to be done for the performance of its functions.\ns 21G ins 2024 No. 18 s 4\namd 2024 No. 22 s 92 sch 1\n(sec.21G-ssec.1) The SDM group has the following functions— to provide timely strategic oversight of, and support for, disaster management and disaster operations for the State; to consider strategies and policies for managing a disaster and to give advice to the QDMC about implementing the strategies and policies; other functions given to the group under this Act or another Act; functions incidental to a function mentioned in paragraph (a) , (b) or (c) .\n(sec.21G-ssec.2) The SDM group has power to do anything necessary or convenient to be done for the performance of its functions.\n- (a) to provide timely strategic oversight of, and support for, disaster management and disaster operations for the State;\n- (b) to consider strategies and policies for managing a disaster and to give advice to the QDMC about implementing the strategies and policies;\n- (c) other functions given to the group under this Act or another Act;\n- (d) functions incidental to a function mentioned in paragraph (a) , (b) or (c) .","sortOrder":66},{"sectionNumber":"sec.21H","sectionType":"section","heading":"Membership","content":"### sec.21H Membership\n\nThe SDM group consists of the following members—\nthe persons prescribed by regulation;\nother persons invited by the chairperson of the group to be members of the group.\nIf the chairperson of the SDM group invites a person to be a member of the group under subsection (1) (b) , the person’s membership is subject to the conditions decided by the chairperson.\na person’s membership is for a limited period\ns 21H ins 2024 No. 18 s 4\n(sec.21H-ssec.1) The SDM group consists of the following members— the persons prescribed by regulation; other persons invited by the chairperson of the group to be members of the group.\n(sec.21H-ssec.2) If the chairperson of the SDM group invites a person to be a member of the group under subsection (1) (b) , the person’s membership is subject to the conditions decided by the chairperson. a person’s membership is for a limited period\n- (a) the persons prescribed by regulation;\n- (b) other persons invited by the chairperson of the group to be members of the group.","sortOrder":67},{"sectionNumber":"sec.21I","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.21I Chairperson and deputy chairperson\n\nThe chairperson of the SDM group is the member of the group prescribed by regulation as the chairperson.\nThe deputy chairperson of the SDM group is the member of the group prescribed by regulation as the deputy chairperson.\nThe chairperson may appoint another member of the SDM group to act as chairperson of the group.\nThe deputy chairperson of the SDM group must act as the chairperson—\nduring a vacancy in the office of chairperson; and\nif there is no appointee under subsection (3) —whenever the chairperson is absent from duty or for another reason can not perform the functions of the office; and\nif there is an appointee under subsection (3) —whenever the appointee is absent from duty or for another reason can not perform the functions of the office.\ns 21I ins 2024 No. 18 s 4\n(sec.21I-ssec.1) The chairperson of the SDM group is the member of the group prescribed by regulation as the chairperson.\n(sec.21I-ssec.2) The deputy chairperson of the SDM group is the member of the group prescribed by regulation as the deputy chairperson.\n(sec.21I-ssec.3) The chairperson may appoint another member of the SDM group to act as chairperson of the group.\n(sec.21I-ssec.4) The deputy chairperson of the SDM group must act as the chairperson— during a vacancy in the office of chairperson; and if there is no appointee under subsection (3) —whenever the chairperson is absent from duty or for another reason can not perform the functions of the office; and if there is an appointee under subsection (3) —whenever the appointee is absent from duty or for another reason can not perform the functions of the office.\n- (a) during a vacancy in the office of chairperson; and\n- (b) if there is no appointee under subsection (3) —whenever the chairperson is absent from duty or for another reason can not perform the functions of the office; and\n- (c) if there is an appointee under subsection (3) —whenever the appointee is absent from duty or for another reason can not perform the functions of the office.","sortOrder":68},{"sectionNumber":"sec.21J","sectionType":"section","heading":"Functions of chairperson","content":"### sec.21J Functions of chairperson\n\nThe chairperson of the SDM group has the following functions—\nto manage and coordinate the business of the group;\nto ensure, as far as practicable, that the group performs its functions.\ns 21J ins 2024 No. 18 s 4\n- (a) to manage and coordinate the business of the group;\n- (b) to ensure, as far as practicable, that the group performs its functions.","sortOrder":69},{"sectionNumber":"sec.21K","sectionType":"section","heading":"Conduct of business and meetings","content":"### sec.21K Conduct of business and meetings\n\nThe SDM group may conduct its business, including its meetings, in the way it considers appropriate.\ns 21K ins 2024 No. 18 s 4","sortOrder":70},{"sectionNumber":"sec.21L","sectionType":"section","heading":"Police commissioner to appoint executive officer of SDM group","content":"### sec.21L Police commissioner to appoint executive officer of SDM group\n\nThe police commissioner must appoint an executive officer of the SDM group.\ns 21L ins 2024 No. 22 s 11","sortOrder":71},{"sectionNumber":"sec.21M","sectionType":"section","heading":"Executive officer to provide support","content":"### sec.21M Executive officer to provide support\n\nThe executive officer must provide support to the SDM group, as directed by the chairperson of the group, to help the group perform its functions, including the following—\ncalling meetings of the group;\nproviding executive support at meetings of the group;\nproviding any other executive support the chairperson considers necessary.\ns 21M ins 2024 No. 22 s 11\n- (a) calling meetings of the group;\n- (b) providing executive support at meetings of the group;\n- (c) providing any other executive support the chairperson considers necessary.","sortOrder":72},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"District disaster management groups","content":"## District disaster management groups","sortOrder":73},{"sectionNumber":"sec.22","sectionType":"section","heading":"Establishment","content":"### sec.22 Establishment\n\nA District Disaster Management Group (a district group ) is established for each disaster district.","sortOrder":74},{"sectionNumber":"sec.23","sectionType":"section","heading":"Functions","content":"### sec.23 Functions\n\nA district group has the following functions for the disaster district for which it is established—\nto ensure that disaster management and disaster operations in the district are consistent with the QDMC’s strategic policy framework for disaster management for the State;\nto develop effective disaster management for the district, including a district disaster management plan, and regularly review and assess that disaster management;\nto provide reports and make recommendations to the QDMC about matters relating to disaster management and disaster operations in the district;\nto regularly review and assess—\nthe disaster management of local groups in the district; and\nlocal disaster management plans prepared by local governments whose areas are in the district;\nto ensure that any relevant decisions and policies made by the QDMC are incorporated in its disaster management, and the disaster management of local groups in the district;\nto ensure the community is aware of ways of mitigating the adverse effects of an event, and preparing for, responding to and recovering from a disaster;\nto coordinate the provision of State resources and services provided to support local groups in the district;\nto identify resources that may be used for disaster operations in the district;\nto make plans for the allocation, and coordination of the use, of resources mentioned in paragraph (h) ;\nto establish and review communications systems in the group, and with and between local groups in the district, for use when a disaster happens;\nto ensure information about an event or a disaster in the district is promptly given to the QDMC and each local group in the district;\nto prepare, under section 53 , a district disaster management plan;\nto perform other functions given to the group under this Act;\nto perform a function incidental to a function mentioned in paragraphs (a) to (m) .\ns 23 amd 2011 No. 33 s 4 ; 2024 No. 22 s 92 sch 1\n- (a) to ensure that disaster management and disaster operations in the district are consistent with the QDMC’s strategic policy framework for disaster management for the State;\n- (b) to develop effective disaster management for the district, including a district disaster management plan, and regularly review and assess that disaster management;\n- (c) to provide reports and make recommendations to the QDMC about matters relating to disaster management and disaster operations in the district;\n- (d) to regularly review and assess— (i) the disaster management of local groups in the district; and (ii) local disaster management plans prepared by local governments whose areas are in the district;\n- (i) the disaster management of local groups in the district; and\n- (ii) local disaster management plans prepared by local governments whose areas are in the district;\n- (e) to ensure that any relevant decisions and policies made by the QDMC are incorporated in its disaster management, and the disaster management of local groups in the district;\n- (f) to ensure the community is aware of ways of mitigating the adverse effects of an event, and preparing for, responding to and recovering from a disaster;\n- (g) to coordinate the provision of State resources and services provided to support local groups in the district;\n- (h) to identify resources that may be used for disaster operations in the district;\n- (i) to make plans for the allocation, and coordination of the use, of resources mentioned in paragraph (h) ;\n- (j) to establish and review communications systems in the group, and with and between local groups in the district, for use when a disaster happens;\n- (k) to ensure information about an event or a disaster in the district is promptly given to the QDMC and each local group in the district;\n- (l) to prepare, under section 53 , a district disaster management plan;\n- (m) to perform other functions given to the group under this Act;\n- (n) to perform a function incidental to a function mentioned in paragraphs (a) to (m) .\n- (i) the disaster management of local groups in the district; and\n- (ii) local disaster management plans prepared by local governments whose areas are in the district;","sortOrder":75},{"sectionNumber":"sec.24","sectionType":"section","heading":"Membership","content":"### sec.24 Membership\n\nA district group consists of the persons prescribed by regulation to be members of the group.\nA regulation under this section may provide for—\nthe appointment of the members of a district group; and\nthe qualifications and experience required for a person to be a member of a district group.\ns 24 amd 2010 No. 40 ss 11 , 3 sch ; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\nsub 2014 No. 55 s 9\n(sec.24-ssec.1) A district group consists of the persons prescribed by regulation to be members of the group.\n(sec.24-ssec.2) A regulation under this section may provide for— the appointment of the members of a district group; and the qualifications and experience required for a person to be a member of a district group.\n- (a) the appointment of the members of a district group; and\n- (b) the qualifications and experience required for a person to be a member of a district group.","sortOrder":76},{"sectionNumber":"sec.25","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.25 Chairperson and deputy chairperson\n\nThere is a chairperson and a deputy chairperson of a district group.\nThe chairperson and deputy chairperson are the persons prescribed by regulation.\nA regulation under this section may provide for—\nthe appointment of the chairperson and deputy chairperson of a district group; and\nthe qualifications and experience required for a person to be the chairperson or deputy chairperson.\ns 25 sub 2010 No. 40 s 12 ; 2014 No. 55 s 9\n(sec.25-ssec.1) There is a chairperson and a deputy chairperson of a district group.\n(sec.25-ssec.2) The chairperson and deputy chairperson are the persons prescribed by regulation.\n(sec.25-ssec.3) A regulation under this section may provide for— the appointment of the chairperson and deputy chairperson of a district group; and the qualifications and experience required for a person to be the chairperson or deputy chairperson.\n- (a) the appointment of the chairperson and deputy chairperson of a district group; and\n- (b) the qualifications and experience required for a person to be the chairperson or deputy chairperson.","sortOrder":77},{"sectionNumber":"sec.25A","sectionType":"section","heading":"District disaster coordinator","content":"### sec.25A District disaster coordinator\n\nThe chairperson of a district group is also the district disaster coordinator of the district group.\ns 25A ins 2010 No. 40 s 12","sortOrder":78},{"sectionNumber":"sec.26","sectionType":"section","heading":"Functions of chairperson of district group","content":"### sec.26 Functions of chairperson of district group\n\nThe chairperson of a district group has the following functions—\nto manage and coordinate the business of the group;\nto ensure, as far as practicable, that the group performs its functions;\nto report regularly to the QDMC about the performance by the district group of its functions.\ns 26 sub 2010 No. 40 s 13\namd 2024 No. 22 s 92 sch 1\n- (a) to manage and coordinate the business of the group;\n- (b) to ensure, as far as practicable, that the group performs its functions;\n- (c) to report regularly to the QDMC about the performance by the district group of its functions.","sortOrder":79},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Function of district disaster coordinator","content":"### sec.26A Function of district disaster coordinator\n\nThe function of the district disaster coordinator is to coordinate disaster operations in the disaster district for the group.\ns 26A ins 2010 No. 40 s 13","sortOrder":80},{"sectionNumber":"sec.27","sectionType":"section","heading":"Executive officer of district group","content":"### sec.27 Executive officer of district group\n\nThe police commissioner is to appoint a person as the executive officer of the district group.\nThe police commissioner may appoint a person under subsection (1) only if satisfied the person has the necessary expertise or experience to perform the functions of the executive officer of the district group.\ns 27 amd 2010 No. 40 s 14 ; 2024 No. 22 s 92 sch 1\n(sec.27-ssec.1) The police commissioner is to appoint a person as the executive officer of the district group.\n(sec.27-ssec.2) The police commissioner may appoint a person under subsection (1) only if satisfied the person has the necessary expertise or experience to perform the functions of the executive officer of the district group.","sortOrder":81},{"sectionNumber":"sec.28","sectionType":"section","heading":"Functions of executive officer of district group","content":"### sec.28 Functions of executive officer of district group\n\nThe function of the executive officer of a district group is to support the group in the performance of its functions, as directed by the chairperson of the district group.\ns 28 sub 2010 No. 40 s 15","sortOrder":82},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Temporary disaster district groups","content":"### sec.28A Temporary disaster district groups\n\nThis section applies if the chairperson of the QDMC is satisfied that a disaster has happened, is happening or is likely to happen, in two or more adjoining disaster districts.\nThe chairperson may, after consulting with the police commissioner, establish a temporary district disaster management group (a temporary district group ) for the districts.\nThe temporary district group is responsible, as directed by the chairperson, for the management of the disaster for the districts.\nThe chairperson must publish details of the districts for which the temporary district group is established by gazette notice.\nThe chairperson must dissolve the temporary district group when the chairperson is satisfied that it is no longer required.\ns 28A ins 2010 No. 40 s 16\namd 2024 No. 22 s 92 sch 1\n(sec.28A-ssec.1) This section applies if the chairperson of the QDMC is satisfied that a disaster has happened, is happening or is likely to happen, in two or more adjoining disaster districts.\n(sec.28A-ssec.2) The chairperson may, after consulting with the police commissioner, establish a temporary district disaster management group (a temporary district group ) for the districts.\n(sec.28A-ssec.3) The temporary district group is responsible, as directed by the chairperson, for the management of the disaster for the districts.\n(sec.28A-ssec.4) The chairperson must publish details of the districts for which the temporary district group is established by gazette notice.\n(sec.28A-ssec.5) The chairperson must dissolve the temporary district group when the chairperson is satisfied that it is no longer required.","sortOrder":83},{"sectionNumber":"sec.28B","sectionType":"section","heading":"Membership","content":"### sec.28B Membership\n\nA temporary district group consists of the persons prescribed by regulation to be members of the group.\nA regulation under this section may provide for—\nthe appointment of the members of a temporary district group; and\nthe qualifications and experience required for a person to be a member of a temporary district group.\ns 28B ins 2010 No. 40 s 16\namd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 )\nsub 2014 No. 55 s 10\n(sec.28B-ssec.1) A temporary district group consists of the persons prescribed by regulation to be members of the group.\n(sec.28B-ssec.2) A regulation under this section may provide for— the appointment of the members of a temporary district group; and the qualifications and experience required for a person to be a member of a temporary district group.\n- (a) the appointment of the members of a temporary district group; and\n- (b) the qualifications and experience required for a person to be a member of a temporary district group.","sortOrder":84},{"sectionNumber":"sec.28C","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.28C Chairperson and deputy chairperson\n\nThere is a chairperson and a deputy chairperson of a temporary district group.\nThe chairperson and deputy chairperson are the persons prescribed by regulation.\nA regulation under this section may provide for—\nthe appointment of the chairperson and deputy chairperson of a temporary district group; and\nthe qualifications and experience required for a person to be the chairperson or deputy chairperson.\ns 28C ins 2010 No. 40 s 16\nsub 2014 No. 55 s 10\n(sec.28C-ssec.1) There is a chairperson and a deputy chairperson of a temporary district group.\n(sec.28C-ssec.2) The chairperson and deputy chairperson are the persons prescribed by regulation.\n(sec.28C-ssec.3) A regulation under this section may provide for— the appointment of the chairperson and deputy chairperson of a temporary district group; and the qualifications and experience required for a person to be the chairperson or deputy chairperson.\n- (a) the appointment of the chairperson and deputy chairperson of a temporary district group; and\n- (b) the qualifications and experience required for a person to be the chairperson or deputy chairperson.","sortOrder":85},{"sectionNumber":"sec.28D","sectionType":"section","heading":"Functions of chairperson of temporary district group","content":"### sec.28D Functions of chairperson of temporary district group\n\nThe chairperson of a temporary district group has the following functions—\nto manage and coordinate the business of the group;\nto ensure, as far as practicable, that the group performs its functions;\nto report regularly to the QDMC about the performance by the temporary district group of its functions.\ns 28D ins 2010 No. 40 s 16\namd 2024 No. 22 s 92 sch 1\n- (a) to manage and coordinate the business of the group;\n- (b) to ensure, as far as practicable, that the group performs its functions;\n- (c) to report regularly to the QDMC about the performance by the temporary district group of its functions.","sortOrder":86},{"sectionNumber":"sec.28E","sectionType":"section","heading":"Temporary district disaster coordinator","content":"### sec.28E Temporary district disaster coordinator\n\nThe chairperson of a temporary district group is also the district disaster coordinator of the group.\ns 28E ins 2010 No. 40 s 16","sortOrder":87},{"sectionNumber":"sec.28F","sectionType":"section","heading":"Function of temporary district disaster coordinator","content":"### sec.28F Function of temporary district disaster coordinator\n\nThe function of the temporary district disaster coordinator is to coordinate disaster operations in the temporary disaster district for the group.\ns 28F ins 2010 No. 40 s 16","sortOrder":88},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Local government disaster management groups","content":"## Local government disaster management groups","sortOrder":89},{"sectionNumber":"sec.29","sectionType":"section","heading":"Establishment","content":"### sec.29 Establishment\n\nA local government must establish a Local Disaster Management Group (a local group ) for the local government’s area.","sortOrder":90},{"sectionNumber":"sec.30","sectionType":"section","heading":"Functions","content":"### sec.30 Functions\n\nA local group has the following functions for its area—\nto ensure that disaster management and disaster operations in the area are consistent with the QDMC’s strategic policy framework for disaster management for the State;\nto develop effective disaster management, and regularly review and assess the disaster management;\nto help the local government for its area to prepare a local disaster management plan;\nto identify, and provide advice to the relevant district group about, support services required by the local group to facilitate disaster management and disaster operations in the area;\nto ensure the community is aware of ways of mitigating the adverse effects of an event, and preparing for, responding to and recovering from a disaster;\nto manage disaster operations in the area under policies and procedures decided by the QDMC;\nto provide reports and make recommendations to the relevant district group about matters relating to disaster operations;\nto identify, and coordinate the use of, resources that may be used for disaster operations in the area;\nto establish and review communications systems in the group, and with the relevant district group and other local groups in the disaster district of the relevant district group, for use when a disaster happens;\nto ensure information about a disaster in the area is promptly given to the relevant district group;\nto perform other functions given to the group under this Act;\nto perform a function incidental to a function mentioned in paragraphs (a) to (k) .\ns 30 amd 2010 No. 40 s 17 ; 2024 No. 22 s 92 sch 1\n- (a) to ensure that disaster management and disaster operations in the area are consistent with the QDMC’s strategic policy framework for disaster management for the State;\n- (b) to develop effective disaster management, and regularly review and assess the disaster management;\n- (c) to help the local government for its area to prepare a local disaster management plan;\n- (d) to identify, and provide advice to the relevant district group about, support services required by the local group to facilitate disaster management and disaster operations in the area;\n- (e) to ensure the community is aware of ways of mitigating the adverse effects of an event, and preparing for, responding to and recovering from a disaster;\n- (f) to manage disaster operations in the area under policies and procedures decided by the QDMC;\n- (g) to provide reports and make recommendations to the relevant district group about matters relating to disaster operations;\n- (h) to identify, and coordinate the use of, resources that may be used for disaster operations in the area;\n- (i) to establish and review communications systems in the group, and with the relevant district group and other local groups in the disaster district of the relevant district group, for use when a disaster happens;\n- (j) to ensure information about a disaster in the area is promptly given to the relevant district group;\n- (k) to perform other functions given to the group under this Act;\n- (l) to perform a function incidental to a function mentioned in paragraphs (a) to (k) .","sortOrder":91},{"sectionNumber":"sec.31","sectionType":"section","heading":"Local governments may combine","content":"### sec.31 Local governments may combine\n\nDespite section 29 , 2 or more local governments (the combined local government ) may, with the approval of the Minister and the district disaster coordinator for the disaster district in which the local governments are situated, agree to unite for the purpose of establishing a local group.","sortOrder":92},{"sectionNumber":"sec.32","sectionType":"section","heading":"Application of ss 29 and 30","content":"### sec.32 Application of ss 29 and 30\n\nThis section applies if 2 or more local governments agree as mentioned in section 31 .\nSections 29 and 30 apply to the combined local government and local group as if—\na reference to a local government were a reference to a combined local government; and\na reference to the local government’s area or the local group’s area were a reference to the area of the combined local government.\n(sec.32-ssec.1) This section applies if 2 or more local governments agree as mentioned in section 31 .\n(sec.32-ssec.2) Sections 29 and 30 apply to the combined local government and local group as if— a reference to a local government were a reference to a combined local government; and a reference to the local government’s area or the local group’s area were a reference to the area of the combined local government.\n- (a) a reference to a local government were a reference to a combined local government; and\n- (b) a reference to the local government’s area or the local group’s area were a reference to the area of the combined local government.","sortOrder":93},{"sectionNumber":"sec.33","sectionType":"section","heading":"Membership","content":"### sec.33 Membership\n\nA local group consists of the persons prescribed by regulation to be members of the group.\nA regulation under this section may provide for—\nthe appointment of the members of a local group; and\nthe qualifications and experience required for a person to be a member of a local group.\ns 33 amd 2010 No. 40 s 18\nsub 2014 No. 55 s 11\n(sec.33-ssec.1) A local group consists of the persons prescribed by regulation to be members of the group.\n(sec.33-ssec.2) A regulation under this section may provide for— the appointment of the members of a local group; and the qualifications and experience required for a person to be a member of a local group.\n- (a) the appointment of the members of a local group; and\n- (b) the qualifications and experience required for a person to be a member of a local group.","sortOrder":94},{"sectionNumber":"sec.34","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.34 Chairperson and deputy chairperson\n\nThere is a chairperson and a deputy chairperson of a local group.\nThe chairperson and deputy chairperson are the persons prescribed by regulation.\nA regulation under this section may provide for—\nthe appointment of the chairperson and deputy chairperson of a local group; and\nthe qualifications and experience required for a person to be the chairperson or deputy chairperson.\ns 34 sub 2014 No. 55 s 11\n(sec.34-ssec.1) There is a chairperson and a deputy chairperson of a local group.\n(sec.34-ssec.2) The chairperson and deputy chairperson are the persons prescribed by regulation.\n(sec.34-ssec.3) A regulation under this section may provide for— the appointment of the chairperson and deputy chairperson of a local group; and the qualifications and experience required for a person to be the chairperson or deputy chairperson.\n- (a) the appointment of the chairperson and deputy chairperson of a local group; and\n- (b) the qualifications and experience required for a person to be the chairperson or deputy chairperson.","sortOrder":95},{"sectionNumber":"sec.34A","sectionType":"section","heading":"Functions of chairperson of local group","content":"### sec.34A Functions of chairperson of local group\n\nThe chairperson of a local group has the following functions—\nto manage and coordinate the business of the group;\nto ensure, as far as practicable, that the group performs its functions;\nto report regularly to the relevant district group, and the police commissioner, about the performance by the local group of its functions.\ns 34A ins 2010 No. 40 s 19\namd 2024 No. 22 s 92 sch 1\n- (a) to manage and coordinate the business of the group;\n- (b) to ensure, as far as practicable, that the group performs its functions;\n- (c) to report regularly to the relevant district group, and the police commissioner, about the performance by the local group of its functions.","sortOrder":96},{"sectionNumber":"sec.35","sectionType":"section","heading":"Local disaster coordinator","content":"### sec.35 Local disaster coordinator\n\nThe chairperson of the local group must, after consulting with the police commissioner, appoint the chief executive officer or an employee of the relevant local government as a local disaster coordinator of the group.\nThe chairperson of the local group may appoint a person mentioned in subsection (1) as a local disaster coordinator of the group only if satisfied the person has the necessary expertise or experience to be a local disaster coordinator.\nThe appointment under subsection (2) must be in writing and may only be revoked in writing.\ns 35 sub 2010 No. 40 s 20\namd 2024 No. 22 s 92 sch 1\n(sec.35-ssec.1) The chairperson of the local group must, after consulting with the police commissioner, appoint the chief executive officer or an employee of the relevant local government as a local disaster coordinator of the group.\n(sec.35-ssec.2) The chairperson of the local group may appoint a person mentioned in subsection (1) as a local disaster coordinator of the group only if satisfied the person has the necessary expertise or experience to be a local disaster coordinator.\n(sec.35-ssec.3) The appointment under subsection (2) must be in writing and may only be revoked in writing.","sortOrder":97},{"sectionNumber":"sec.36","sectionType":"section","heading":"Functions of local disaster coordinator","content":"### sec.36 Functions of local disaster coordinator\n\nThe local disaster coordinator has the following functions—\nto coordinate disaster operations for the local group;\nto report regularly to the local group about disaster operations;\nto ensure, as far as practicable, that any strategic decisions of the local group about disaster operations are implemented.\ns 36 sub 2010 No. 40 s 20\n- (a) to coordinate disaster operations for the local group;\n- (b) to report regularly to the local group about disaster operations;\n- (c) to ensure, as far as practicable, that any strategic decisions of the local group about disaster operations are implemented.","sortOrder":98},{"sectionNumber":"sec.37","sectionType":"section","heading":"Notice about membership of local group","content":"### sec.37 Notice about membership of local group\n\nThe relevant local government for a local group must, at least once a year, give written notice of the members of the group to—\nthe police commissioner; and\nthe chairperson of the district group for the disaster district in which the local group is situated.\ns 37 amd 2010 No. 40 ss 21 , 3 sch ; 2014 No. 55 s 12 ; 2024 No. 22 s 92 sch 1\n- (a) the police commissioner; and\n- (b) the chairperson of the district group for the disaster district in which the local group is situated.","sortOrder":99},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Business and meetings for disaster management groups","content":"## Business and meetings for disaster management groups","sortOrder":100},{"sectionNumber":"sec.38","sectionType":"section","heading":"Conduct of business and meetings","content":"### sec.38 Conduct of business and meetings\n\nA disaster management group must conduct its business, including its meetings, in the way prescribed by regulation.\nSubject to a regulation made under subsection (1) , a disaster management group may conduct its business, including its meetings, in the way it considers appropriate.\ns 38 sub 2014 No. 55 s 13\n(sec.38-ssec.1) A disaster management group must conduct its business, including its meetings, in the way prescribed by regulation.\n(sec.38-ssec.2) Subject to a regulation made under subsection (1) , a disaster management group may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":101},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 amd 2010 No. 40 ss 22 , 3 sch\nom 2014 No. 55 s 13","sortOrder":102},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2014 No. 55 s 13","sortOrder":103},{"sectionNumber":"sec.40A","sectionType":"section","heading":null,"content":"### Section sec.40A\n\ns 40A ins 2010 No. 40 s 23\nom 2014 No. 55 s 13","sortOrder":104},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 om 2014 No. 55 s 13","sortOrder":105},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2014 No. 55 s 13","sortOrder":106},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2014 No. 55 s 13","sortOrder":107},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Annual report, and directions about functions","content":"## Annual report, and directions about functions","sortOrder":108},{"sectionNumber":"sec.44","sectionType":"section","heading":"Annual report","content":"### sec.44 Annual report\n\nAs soon as practicable after the end of each financial year, the QDMC must—\nprepare a written report about disaster management in the State; and\npresent the report to the chairperson of the QDMC; and\npublish the report on an appropriate website providing information to the public.\nThe report must include the following—\ninformation about activities undertaken during the financial year to maintain or enhance the State’s disaster management;\ndetails of disaster operations performed during the financial year;\ninformation about priorities for disaster management;\nother matters about disaster management the QDMC considers appropriate.\nBefore publication under subsection (1) (c) , the report must be approved by—\nif the chairperson of the QDMC considers it appropriate to approve the report—the chairperson; or\notherwise—the QDMC.\ns 44 amd 2014 No. 55 s 14 ; 2024 No. 22 s 12\n(sec.44-ssec.1) As soon as practicable after the end of each financial year, the QDMC must— prepare a written report about disaster management in the State; and present the report to the chairperson of the QDMC; and publish the report on an appropriate website providing information to the public.\n(sec.44-ssec.2) The report must include the following— information about activities undertaken during the financial year to maintain or enhance the State’s disaster management; details of disaster operations performed during the financial year; information about priorities for disaster management; other matters about disaster management the QDMC considers appropriate.\n(sec.44-ssec.3) Before publication under subsection (1) (c) , the report must be approved by— if the chairperson of the QDMC considers it appropriate to approve the report—the chairperson; or otherwise—the QDMC.\n- (a) prepare a written report about disaster management in the State; and\n- (b) present the report to the chairperson of the QDMC; and\n- (c) publish the report on an appropriate website providing information to the public.\n- (a) information about activities undertaken during the financial year to maintain or enhance the State’s disaster management;\n- (b) details of disaster operations performed during the financial year;\n- (c) information about priorities for disaster management;\n- (d) other matters about disaster management the QDMC considers appropriate.\n- (a) if the chairperson of the QDMC considers it appropriate to approve the report—the chairperson; or\n- (b) otherwise—the QDMC.","sortOrder":109},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 om 2014 No. 55 s 15","sortOrder":110},{"sectionNumber":"sec.46","sectionType":"section","heading":"Chairperson of QDMC may give directions","content":"### sec.46 Chairperson of QDMC may give directions\n\nThe chairperson of the QDMC may give a district group a written direction about the performance of the district group’s functions if satisfied it is necessary to give the direction to ensure the functions are performed appropriately.\nBefore giving the direction, the chairperson must consult with the district disaster coordinator of the district group.\nSubject to subsection (4) , the direction must be written.\nThe direction may be given orally if the chairperson is satisfied it is not practicable to give a written direction in all the circumstances.\nIf the direction is given orally, the chairperson must put it in writing as soon as reasonably practicable.\nThe district group must comply with the direction.\ns 46 sub 2010 No. 40 s 24\namd 2024 No. 22 s 92 sch 1\n(sec.46-ssec.1) The chairperson of the QDMC may give a district group a written direction about the performance of the district group’s functions if satisfied it is necessary to give the direction to ensure the functions are performed appropriately.\n(sec.46-ssec.2) Before giving the direction, the chairperson must consult with the district disaster coordinator of the district group.\n(sec.46-ssec.3) Subject to subsection (4) , the direction must be written.\n(sec.46-ssec.4) The direction may be given orally if the chairperson is satisfied it is not practicable to give a written direction in all the circumstances.\n(sec.46-ssec.5) If the direction is given orally, the chairperson must put it in writing as soon as reasonably practicable.\n(sec.46-ssec.6) The district group must comply with the direction.","sortOrder":111},{"sectionNumber":"sec.47","sectionType":"section","heading":"District disaster coordinator may give directions","content":"### sec.47 District disaster coordinator may give directions\n\nA district disaster coordinator for a disaster district may give a local group in the district a written direction about the performance of the group’s functions if satisfied it is necessary to give the direction to ensure the functions are performed appropriately.\nBefore giving the direction, the district disaster coordinator must consult with the chairperson of the local group.\nSubject to subsection (4) , the direction must be written.\nThe direction may be given orally if the district disaster coordinator is satisfied it is not practicable to give a written direction in all the circumstances.\nIf the direction is given orally, the district disaster coordinator must put it in writing as soon as reasonably practicable.\nThe local group must comply with the direction.\ns 47 sub 2010 No. 40 s 24\n(sec.47-ssec.1) A district disaster coordinator for a disaster district may give a local group in the district a written direction about the performance of the group’s functions if satisfied it is necessary to give the direction to ensure the functions are performed appropriately.\n(sec.47-ssec.2) Before giving the direction, the district disaster coordinator must consult with the chairperson of the local group.\n(sec.47-ssec.3) Subject to subsection (4) , the direction must be written.\n(sec.47-ssec.4) The direction may be given orally if the district disaster coordinator is satisfied it is not practicable to give a written direction in all the circumstances.\n(sec.47-ssec.5) If the direction is given orally, the district disaster coordinator must put it in writing as soon as reasonably practicable.\n(sec.47-ssec.6) The local group must comply with the direction.","sortOrder":112},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Committees for disaster management groups","content":"## Committees for disaster management groups","sortOrder":113},{"sectionNumber":"sec.48","sectionType":"section","heading":"Committees","content":"### sec.48 Committees\n\nThe Minister or chairperson of the QDMC may establish committees to perform any of the following functions—\nto help a disaster management group perform its functions;\nto advise and make recommendations to the Minister or a disaster management group about matters relating to disaster management referred by the Minister or disaster management group to the committee;\nto perform another function, decided by the Minister or chairperson of the QDMC, incidental to a function mentioned in paragraph (a) or (b) .\nThe Minister or chairperson of the QDMC may appoint an individual to a committee if satisfied the individual has the necessary expertise or experience to help the committee to perform its functions.\nA committee may conduct its business, including its meetings, in the way it considers appropriate.\ns 48 amd 2014 No. 55 s 16 ; 2024 No. 22 s 92 sch 1\n(sec.48-ssec.1) The Minister or chairperson of the QDMC may establish committees to perform any of the following functions— to help a disaster management group perform its functions; to advise and make recommendations to the Minister or a disaster management group about matters relating to disaster management referred by the Minister or disaster management group to the committee; to perform another function, decided by the Minister or chairperson of the QDMC, incidental to a function mentioned in paragraph (a) or (b) .\n(sec.48-ssec.2) The Minister or chairperson of the QDMC may appoint an individual to a committee if satisfied the individual has the necessary expertise or experience to help the committee to perform its functions.\n(sec.48-ssec.3) A committee may conduct its business, including its meetings, in the way it considers appropriate.\n- (a) to help a disaster management group perform its functions;\n- (b) to advise and make recommendations to the Minister or a disaster management group about matters relating to disaster management referred by the Minister or disaster management group to the committee;\n- (c) to perform another function, decided by the Minister or chairperson of the QDMC, incidental to a function mentioned in paragraph (a) or (b) .","sortOrder":114},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Requirement for disaster management groups to consult","content":"## Requirement for disaster management groups to consult","sortOrder":115},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Essential services providers","content":"### sec.48A Essential services providers\n\nIf the chairperson of a disaster management group considers a provider of essential services can help the group perform its functions, the group must consult with the provider in performing the functions.\ngas, electricity, telecommunications, water, sewerage infrastructure\nThe group may consult with the provider by, for example—\ninviting the provider to attend meetings held by the group; or\nseeking the provider’s advice in providing reports and making recommendations about matters relating to disaster management and disaster operations; or\nseeking the provider’s advice in preparing disaster management plans.\ns 48A ins 2011 No. 33 s 5\n(sec.48A-ssec.1) If the chairperson of a disaster management group considers a provider of essential services can help the group perform its functions, the group must consult with the provider in performing the functions. gas, electricity, telecommunications, water, sewerage infrastructure\n(sec.48A-ssec.2) The group may consult with the provider by, for example— inviting the provider to attend meetings held by the group; or seeking the provider’s advice in providing reports and making recommendations about matters relating to disaster management and disaster operations; or seeking the provider’s advice in preparing disaster management plans.\n- (a) inviting the provider to attend meetings held by the group; or\n- (b) seeking the provider’s advice in providing reports and making recommendations about matters relating to disaster management and disaster operations; or\n- (c) seeking the provider’s advice in preparing disaster management plans.","sortOrder":116},{"sectionNumber":"pt.3","sectionType":"part","heading":"Disaster management plans and guidelines","content":"# Disaster management plans and guidelines","sortOrder":117},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"State disaster management plan","content":"## State disaster management plan","sortOrder":118},{"sectionNumber":"sec.49","sectionType":"section","heading":"State plan for disaster management","content":"### sec.49 State plan for disaster management\n\nThe QDMC must prepare a plan (the State disaster management plan ) for disaster management for the State.\nThe plan must include provision for the following—\nthe group’s strategic policy framework for disaster management for the State;\nthe roles and responsibilities of entities involved in disaster operations and disaster management for the State;\nthe coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b) ;\nevents that are likely to happen in the State;\npriorities for disaster management for the State;\nthe matters stated in the disaster management guidelines as matters to be included in the plan;\nother matters about disaster management the group considers appropriate or that are prescribed under a regulation.\nThe plan must be approved by—\nif the chairperson of the QDMC considers it appropriate to approve the plan—the chairperson; or\notherwise—the QDMC.\nThe chairperson of the QDMC must give a copy of the plan to each district group and local group.\ns 49 amd 2024 No. 22 s 13\n(sec.49-ssec.1) The QDMC must prepare a plan (the State disaster management plan ) for disaster management for the State.\n(sec.49-ssec.2) The plan must include provision for the following— the group’s strategic policy framework for disaster management for the State; the roles and responsibilities of entities involved in disaster operations and disaster management for the State; the coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b) ; events that are likely to happen in the State; priorities for disaster management for the State; the matters stated in the disaster management guidelines as matters to be included in the plan; other matters about disaster management the group considers appropriate or that are prescribed under a regulation.\n(sec.49-ssec.3) The plan must be approved by— if the chairperson of the QDMC considers it appropriate to approve the plan—the chairperson; or otherwise—the QDMC.\n(sec.49-ssec.4) The chairperson of the QDMC must give a copy of the plan to each district group and local group.\n- (a) the group’s strategic policy framework for disaster management for the State;\n- (b) the roles and responsibilities of entities involved in disaster operations and disaster management for the State;\n- (c) the coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b) ;\n- (d) events that are likely to happen in the State;\n- (e) priorities for disaster management for the State;\n- (f) the matters stated in the disaster management guidelines as matters to be included in the plan;\n- (g) other matters about disaster management the group considers appropriate or that are prescribed under a regulation.\n- (a) if the chairperson of the QDMC considers it appropriate to approve the plan—the chairperson; or\n- (b) otherwise—the QDMC.","sortOrder":119},{"sectionNumber":"sec.50","sectionType":"section","heading":"Requirements of plan","content":"### sec.50 Requirements of plan\n\nThe State disaster management plan must be consistent with the disaster management standards and disaster management guidelines.\ns 50 amd 2014 No. 17 s 34","sortOrder":120},{"sectionNumber":"sec.51","sectionType":"section","heading":"Reviewing and renewing plan","content":"### sec.51 Reviewing and renewing plan\n\nThe QDMC may review, or renew, the State disaster management plan when the group considers it appropriate.\nIf the QDMC renews the State disaster management plan, the chairperson of the group must give a copy of the new plan to each district group and local group.\ns 51 amd 2024 No. 22 s 92 sch 1\n(sec.51-ssec.1) The QDMC may review, or renew, the State disaster management plan when the group considers it appropriate.\n(sec.51-ssec.2) If the QDMC renews the State disaster management plan, the chairperson of the group must give a copy of the new plan to each district group and local group.","sortOrder":121},{"sectionNumber":"sec.52","sectionType":"section","heading":"Plan to be available for inspection etc.","content":"### sec.52 Plan to be available for inspection etc.\n\nThe chairperson of the QDMC must ensure a copy of the State disaster management plan is available for inspection, free of charge, by members of the public—\nat the department’s head office; and\non the department’s website; and\nat other places the chairperson of the group considers appropriate.\nThe group must, on payment of the appropriate fee, give a person a copy of the plan.\nIn this section—\nappropriate fee means the fee, decided by the chairperson of the QDMC, that is no more than the reasonable cost of providing the copy.\ns 52 amd 2011 No. 33 s 6 ; 2024 No. 22 s 92 sch 1\n(sec.52-ssec.1) The chairperson of the QDMC must ensure a copy of the State disaster management plan is available for inspection, free of charge, by members of the public— at the department’s head office; and on the department’s website; and at other places the chairperson of the group considers appropriate.\n(sec.52-ssec.2) The group must, on payment of the appropriate fee, give a person a copy of the plan.\n(sec.52-ssec.3) In this section— appropriate fee means the fee, decided by the chairperson of the QDMC, that is no more than the reasonable cost of providing the copy.\n- (a) at the department’s head office; and\n- (b) on the department’s website; and\n- (c) at other places the chairperson of the group considers appropriate.","sortOrder":122},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Disaster management plans for disaster districts","content":"## Disaster management plans for disaster districts","sortOrder":123},{"sectionNumber":"sec.53","sectionType":"section","heading":"Plan for disaster management in disaster district","content":"### sec.53 Plan for disaster management in disaster district\n\nA district group must prepare a plan (a district disaster management plan ) for disaster management in the disaster district for the group.\nThe plan must include provision for the following—\nthe QDMC’s strategic policy framework for disaster management for the State;\nthe roles and responsibilities of entities involved in disaster operations and disaster management in the district;\nthe coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b) ;\nevents that are likely to happen in the district;\npriorities for disaster management for the district;\nthe matters stated in the disaster management guidelines as matters to be included in the plan;\nother matters about disaster management in the disaster district the group considers appropriate.\ns 53 amd 2004 No. 53 s 2 sch ; 2024 No. 22 s 92 sch 1\n(sec.53-ssec.1) A district group must prepare a plan (a district disaster management plan ) for disaster management in the disaster district for the group.\n(sec.53-ssec.2) The plan must include provision for the following— the QDMC’s strategic policy framework for disaster management for the State; the roles and responsibilities of entities involved in disaster operations and disaster management in the district; the coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b) ; events that are likely to happen in the district; priorities for disaster management for the district; the matters stated in the disaster management guidelines as matters to be included in the plan; other matters about disaster management in the disaster district the group considers appropriate.\n- (a) the QDMC’s strategic policy framework for disaster management for the State;\n- (b) the roles and responsibilities of entities involved in disaster operations and disaster management in the district;\n- (c) the coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b) ;\n- (d) events that are likely to happen in the district;\n- (e) priorities for disaster management for the district;\n- (f) the matters stated in the disaster management guidelines as matters to be included in the plan;\n- (g) other matters about disaster management in the disaster district the group considers appropriate.","sortOrder":124},{"sectionNumber":"sec.54","sectionType":"section","heading":"Requirements of plan","content":"### sec.54 Requirements of plan\n\nA district disaster management plan must be consistent with the disaster management standards and disaster management guidelines.\ns 54 amd 2014 No. 17 s 35","sortOrder":125},{"sectionNumber":"sec.55","sectionType":"section","heading":"Reviewing and renewing plan","content":"### sec.55 Reviewing and renewing plan\n\nA district group may review, or renew, its district disaster management plan when the group considers it appropriate.\nHowever, the group must review the effectiveness of the plan at least once a year.\n(sec.55-ssec.1) A district group may review, or renew, its district disaster management plan when the group considers it appropriate.\n(sec.55-ssec.2) However, the group must review the effectiveness of the plan at least once a year.","sortOrder":126},{"sectionNumber":"sec.56","sectionType":"section","heading":"Plan to be available for inspection etc.","content":"### sec.56 Plan to be available for inspection etc.\n\nA district group must ensure a copy of its district disaster management plan is available for inspection, free of charge, by members of the public—\non the website of the Queensland Police Service; and\nat other places the chairperson of the group considers appropriate.\nThe group must, on payment of the appropriate fee, give a person a copy of the plan.\nIn this section—\nappropriate fee means the fee, decided by the chairperson of the district group, that is no more than the reasonable cost of providing the copy.\ns 56 amd 2010 No. 40 s 3 sch ; 2011 No. 33 s 7\n(sec.56-ssec.1) A district group must ensure a copy of its district disaster management plan is available for inspection, free of charge, by members of the public— on the website of the Queensland Police Service; and at other places the chairperson of the group considers appropriate.\n(sec.56-ssec.2) The group must, on payment of the appropriate fee, give a person a copy of the plan.\n(sec.56-ssec.3) In this section— appropriate fee means the fee, decided by the chairperson of the district group, that is no more than the reasonable cost of providing the copy.\n- (a) on the website of the Queensland Police Service; and\n- (b) at other places the chairperson of the group considers appropriate.","sortOrder":127},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Disaster management plans for local governments","content":"## Disaster management plans for local governments","sortOrder":128},{"sectionNumber":"sec.57","sectionType":"section","heading":"Plan for disaster management in local government area","content":"### sec.57 Plan for disaster management in local government area\n\nA local government must prepare a plan (a local disaster management plan ) for disaster management in the local government’s area.\nThe plan must include provision for the following—\nthe QDMC’s strategic policy framework for disaster management for the State, and the local government’s policies for disaster management;\nthe roles and responsibilities of entities involved in disaster operations and disaster management in the area;\nthe coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b) ;\nevents that are likely to happen in the area;\nstrategies and priorities for disaster management for the area;\nthe matters stated in the disaster management guidelines as matters to be included in the plan;\nother matters about disaster management in the area the local government considers appropriate.\ns 57 amd 2024 No. 22 s 92 sch 1\n(sec.57-ssec.1) A local government must prepare a plan (a local disaster management plan ) for disaster management in the local government’s area.\n(sec.57-ssec.2) The plan must include provision for the following— the QDMC’s strategic policy framework for disaster management for the State, and the local government’s policies for disaster management; the roles and responsibilities of entities involved in disaster operations and disaster management in the area; the coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b) ; events that are likely to happen in the area; strategies and priorities for disaster management for the area; the matters stated in the disaster management guidelines as matters to be included in the plan; other matters about disaster management in the area the local government considers appropriate.\n- (a) the QDMC’s strategic policy framework for disaster management for the State, and the local government’s policies for disaster management;\n- (b) the roles and responsibilities of entities involved in disaster operations and disaster management in the area;\n- (c) the coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b) ;\n- (d) events that are likely to happen in the area;\n- (e) strategies and priorities for disaster management for the area;\n- (f) the matters stated in the disaster management guidelines as matters to be included in the plan;\n- (g) other matters about disaster management in the area the local government considers appropriate.","sortOrder":129},{"sectionNumber":"sec.58","sectionType":"section","heading":"Requirements of plan","content":"### sec.58 Requirements of plan\n\nA local disaster management plan must be consistent with the disaster management standards and disaster management guidelines.\ns 58 amd 2014 No. 17 s 36","sortOrder":130},{"sectionNumber":"sec.59","sectionType":"section","heading":"Reviewing and renewing plan","content":"### sec.59 Reviewing and renewing plan\n\nA local government may review, or renew, its local disaster management plan when the local government considers it appropriate.\nHowever, the local government must review the effectiveness of the plan at least once a year.\n(sec.59-ssec.1) A local government may review, or renew, its local disaster management plan when the local government considers it appropriate.\n(sec.59-ssec.2) However, the local government must review the effectiveness of the plan at least once a year.","sortOrder":131},{"sectionNumber":"sec.60","sectionType":"section","heading":"Plan to be available for inspection etc.","content":"### sec.60 Plan to be available for inspection etc.\n\nA local government must ensure a copy of its local disaster management plan is available for inspection, free of charge, by members of the public—\nat the local government’s head office; and\non the local government’s website; and\nat other places the chief executive officer of the local government considers appropriate.\nThe local government must, on payment of the appropriate fee, give a person a copy of the plan.\nIn this section—\nappropriate fee means the fee, decided by the chief executive officer of the local government, that is no more than the reasonable cost of providing the copy.\ns 60 amd 2011 No. 33 s 8\n(sec.60-ssec.1) A local government must ensure a copy of its local disaster management plan is available for inspection, free of charge, by members of the public— at the local government’s head office; and on the local government’s website; and at other places the chief executive officer of the local government considers appropriate.\n(sec.60-ssec.2) The local government must, on payment of the appropriate fee, give a person a copy of the plan.\n(sec.60-ssec.3) In this section— appropriate fee means the fee, decided by the chief executive officer of the local government, that is no more than the reasonable cost of providing the copy.\n- (a) at the local government’s head office; and\n- (b) on the local government’s website; and\n- (c) at other places the chief executive officer of the local government considers appropriate.","sortOrder":132},{"sectionNumber":"sec.61","sectionType":"section","heading":"Local governments may combine","content":"### sec.61 Local governments may combine\n\nDespite section 57 (1) , 2 or more local governments (also the combined local government ) may, with the approval of the Minister and the district group for the disaster district in which the local governments are situated, agree to unite for the purpose of preparing a local disaster management plan.","sortOrder":133},{"sectionNumber":"sec.62","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.62 Application of sdiv 1\n\nThis section applies if 2 or more local governments agree as mentioned in section 61 .\nSubdivision 1 applies to the combined local government as if—\na reference to a local government were a reference to a combined local government; and\na reference to the local government’s area were a reference to the area of the combined local government; and\na reference to the local government’s head office were a reference to the head office of each local government that is a part of the combined local government; and\na reference to the chief executive officer of the local government were a reference to the chief executive officer of each local government that is a part of the combined local government.\n(sec.62-ssec.1) This section applies if 2 or more local governments agree as mentioned in section 61 .\n(sec.62-ssec.2) Subdivision 1 applies to the combined local government as if— a reference to a local government were a reference to a combined local government; and a reference to the local government’s area were a reference to the area of the combined local government; and a reference to the local government’s head office were a reference to the head office of each local government that is a part of the combined local government; and a reference to the chief executive officer of the local government were a reference to the chief executive officer of each local government that is a part of the combined local government.\n- (a) a reference to a local government were a reference to a combined local government; and\n- (b) a reference to the local government’s area were a reference to the area of the combined local government; and\n- (c) a reference to the local government’s head office were a reference to the head office of each local government that is a part of the combined local government; and\n- (d) a reference to the chief executive officer of the local government were a reference to the chief executive officer of each local government that is a part of the combined local government.","sortOrder":134},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Guidelines","content":"## Guidelines","sortOrder":135},{"sectionNumber":"sec.63","sectionType":"section","heading":"Guidelines about disaster management plans","content":"### sec.63 Guidelines about disaster management plans\n\nThe police commissioner may prepare guidelines to inform the QDMC, district groups and local governments about matters relating to any of the following—\nthe preparation of disaster management plans;\nthe matters to be included in a disaster management plan;\nother matters about the operation of a district group or local group the police commissioner considers appropriate having regard to disaster management for the State.\nIf the police commissioner prepares a guideline under subsection (1) , the police commissioner must give a copy of the guideline to—\nif the guideline relates to the QDMC—the QDMC; or\nif the guideline relates to district groups—each district group; or\nif the guideline relates to local governments—each local government.\nIf the police commissioner amends a guideline, the police commissioner must give a copy of the amendment or the amended guideline to—\nif the guideline relates to the QDMC—the QDMC; or\nif the guideline relates to district groups—each district group; or\nif the guideline relates to local governments—each local government.\nThe police commissioner must keep a copy of each guideline, as in force from time to time, available for inspection, free of charge, by members of the public at—\nthe department’s head office; and\nother places the police commissioner considers appropriate.\nThe guideline may be made available in written or electronic form.\ns 63 amd 2024 No. 22 s 92 sch 1\n(sec.63-ssec.1) The police commissioner may prepare guidelines to inform the QDMC, district groups and local governments about matters relating to any of the following— the preparation of disaster management plans; the matters to be included in a disaster management plan; other matters about the operation of a district group or local group the police commissioner considers appropriate having regard to disaster management for the State.\n(sec.63-ssec.2) If the police commissioner prepares a guideline under subsection (1) , the police commissioner must give a copy of the guideline to— if the guideline relates to the QDMC—the QDMC; or if the guideline relates to district groups—each district group; or if the guideline relates to local governments—each local government.\n(sec.63-ssec.3) If the police commissioner amends a guideline, the police commissioner must give a copy of the amendment or the amended guideline to— if the guideline relates to the QDMC—the QDMC; or if the guideline relates to district groups—each district group; or if the guideline relates to local governments—each local government.\n(sec.63-ssec.4) The police commissioner must keep a copy of each guideline, as in force from time to time, available for inspection, free of charge, by members of the public at— the department’s head office; and other places the police commissioner considers appropriate.\n(sec.63-ssec.5) The guideline may be made available in written or electronic form.\n- (a) the preparation of disaster management plans;\n- (b) the matters to be included in a disaster management plan;\n- (c) other matters about the operation of a district group or local group the police commissioner considers appropriate having regard to disaster management for the State.\n- (a) if the guideline relates to the QDMC—the QDMC; or\n- (b) if the guideline relates to district groups—each district group; or\n- (c) if the guideline relates to local governments—each local government.\n- (a) if the guideline relates to the QDMC—the QDMC; or\n- (b) if the guideline relates to district groups—each district group; or\n- (c) if the guideline relates to local governments—each local government.\n- (a) the department’s head office; and\n- (b) other places the police commissioner considers appropriate.","sortOrder":136},{"sectionNumber":"pt.4","sectionType":"part","heading":"Provisions for declarations of disaster situation","content":"# Provisions for declarations of disaster situation","sortOrder":137},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Declarations","content":"## Declarations","sortOrder":138},{"sectionNumber":"sec.64","sectionType":"section","heading":"Declaration","content":"### sec.64 Declaration\n\nA district disaster coordinator for a disaster district may, with the approval of the Minister, declare a disaster situation for the district, or a part of it, if satisfied—\na disaster has happened, is happening or is likely to happen, in the disaster district; and\nit is necessary, or reasonably likely to be necessary, for the district disaster coordinator or a declared disaster officer to exercise declared disaster powers to prevent or minimise any of the following—\nloss of human life;\nillness or injury to humans;\nproperty loss or damage;\ndamage to the environment.\nBefore declaring the disaster situation, the district disaster coordinator must take reasonable steps to consult with—\nthe district group for the disaster district; and\neach local government whose area is in, or partly in, the declared area for the disaster situation.\nA failure to consult under subsection (2) does not affect the validity of the declaration.\ns 64 amd 2010 No. 40 s 25\n(sec.64-ssec.1) A district disaster coordinator for a disaster district may, with the approval of the Minister, declare a disaster situation for the district, or a part of it, if satisfied— a disaster has happened, is happening or is likely to happen, in the disaster district; and it is necessary, or reasonably likely to be necessary, for the district disaster coordinator or a declared disaster officer to exercise declared disaster powers to prevent or minimise any of the following— loss of human life; illness or injury to humans; property loss or damage; damage to the environment.\n(sec.64-ssec.2) Before declaring the disaster situation, the district disaster coordinator must take reasonable steps to consult with— the district group for the disaster district; and each local government whose area is in, or partly in, the declared area for the disaster situation.\n(sec.64-ssec.3) A failure to consult under subsection (2) does not affect the validity of the declaration.\n- (a) a disaster has happened, is happening or is likely to happen, in the disaster district; and\n- (b) it is necessary, or reasonably likely to be necessary, for the district disaster coordinator or a declared disaster officer to exercise declared disaster powers to prevent or minimise any of the following— (i) loss of human life; (ii) illness or injury to humans; (iii) property loss or damage; (iv) damage to the environment.\n- (i) loss of human life;\n- (ii) illness or injury to humans;\n- (iii) property loss or damage;\n- (iv) damage to the environment.\n- (i) loss of human life;\n- (ii) illness or injury to humans;\n- (iii) property loss or damage;\n- (iv) damage to the environment.\n- (a) the district group for the disaster district; and\n- (b) each local government whose area is in, or partly in, the declared area for the disaster situation.","sortOrder":139},{"sectionNumber":"sec.65","sectionType":"section","heading":"Form and notice of declaration","content":"### sec.65 Form and notice of declaration\n\nA declaration of a disaster situation under section 64 (1) must be in the approved form.\nThe approved form must include provision for the following—\nthe time and date of the Minister’s approval;\nthe time and date of the declaration;\nthe declared area for the disaster situation.\nAs soon as practicable after the disaster situation is declared, the Minister must give notice of the declaration by gazette notice.\nThe gazette notice must include—\nthe time and date of the declaration; and\ndetails of the declared area for the disaster situation.\nDespite subsection (1) , a declaration of a disaster situation can be made orally if the district disaster coordinator is satisfied it is necessary to exercise declared disaster powers under section 64 (1) (b) before an approved form can be obtained and completed.\nTo remove any doubt, subsection (5) does not authorise an oral declaration if the district disaster coordinator is satisfied only that it is reasonably likely to be necessary to exercise declared disaster powers under section 64 (1) (b) .\nIf an oral declaration of a disaster situation is made under subsection (5) , the declaration of the disaster situation must be recorded in the approved form under subsections (1) and (2) as soon as is reasonably practicable after the oral declaration is made.\ns 65 amd 2010 No. 40 s 26\n(sec.65-ssec.1) A declaration of a disaster situation under section 64 (1) must be in the approved form.\n(sec.65-ssec.2) The approved form must include provision for the following— the time and date of the Minister’s approval; the time and date of the declaration; the declared area for the disaster situation.\n(sec.65-ssec.3) As soon as practicable after the disaster situation is declared, the Minister must give notice of the declaration by gazette notice.\n(sec.65-ssec.4) The gazette notice must include— the time and date of the declaration; and details of the declared area for the disaster situation.\n(sec.65-ssec.5) Despite subsection (1) , a declaration of a disaster situation can be made orally if the district disaster coordinator is satisfied it is necessary to exercise declared disaster powers under section 64 (1) (b) before an approved form can be obtained and completed.\n(sec.65-ssec.6) To remove any doubt, subsection (5) does not authorise an oral declaration if the district disaster coordinator is satisfied only that it is reasonably likely to be necessary to exercise declared disaster powers under section 64 (1) (b) .\n(sec.65-ssec.7) If an oral declaration of a disaster situation is made under subsection (5) , the declaration of the disaster situation must be recorded in the approved form under subsections (1) and (2) as soon as is reasonably practicable after the oral declaration is made.\n- (a) the time and date of the Minister’s approval;\n- (b) the time and date of the declaration;\n- (c) the declared area for the disaster situation.\n- (a) the time and date of the declaration; and\n- (b) details of the declared area for the disaster situation.","sortOrder":140},{"sectionNumber":"sec.66","sectionType":"section","heading":"Duration","content":"### sec.66 Duration\n\nThe disaster situation—\nstarts when it is declared under section 64 (1) ; and\nunless either of the following happens, ends 14 days after the day it is declared—\nthe Minister sooner ends the disaster situation under section 68 (1) ;\na regulation under section 67 or a declaration under section 67A extends the period of the disaster situation beyond the end of the 14 days.\ns 66 amd 2010 No. 40 s 27 ; 2011 No. 33 s 9\n- (a) starts when it is declared under section 64 (1) ; and\n- (b) unless either of the following happens, ends 14 days after the day it is declared— (i) the Minister sooner ends the disaster situation under section 68 (1) ; (ii) a regulation under section 67 or a declaration under section 67A extends the period of the disaster situation beyond the end of the 14 days.\n- (i) the Minister sooner ends the disaster situation under section 68 (1) ;\n- (ii) a regulation under section 67 or a declaration under section 67A extends the period of the disaster situation beyond the end of the 14 days.\n- (i) the Minister sooner ends the disaster situation under section 68 (1) ;\n- (ii) a regulation under section 67 or a declaration under section 67A extends the period of the disaster situation beyond the end of the 14 days.","sortOrder":141},{"sectionNumber":"sec.67","sectionType":"section","heading":"Extending disaster situation","content":"### sec.67 Extending disaster situation\n\nA regulation may extend, or from time to time further extend, the period of the disaster situation.\nA regulation made under this section commences on the day it is made whether or not it is notified on that day.\nA regulation extending the period of the disaster situation—\nmust state—\nthe period, of not more than 14 days, by which the disaster situation is extended; and\nif the disaster situation has previously been extended under this section or section 67A —the date of each previous extension; and\nexpires at the end of the stated period unless it is sooner repealed or it expires under section 68 (4) .\nSubsection (2) applies despite the Statutory Instruments Act 1992 , section 32 .\ns 67 amd 2010 No. 40 s 28 ; 2011 No. 1 s 150 ; 2011 No. 33 s 10 ; 2012 No. 25 s 195 sch ; 2013 No. 39 s 110 sch 3 pt 3\n(sec.67-ssec.1) A regulation may extend, or from time to time further extend, the period of the disaster situation.\n(sec.67-ssec.2) A regulation made under this section commences on the day it is made whether or not it is notified on that day.\n(sec.67-ssec.3) A regulation extending the period of the disaster situation— must state— the period, of not more than 14 days, by which the disaster situation is extended; and if the disaster situation has previously been extended under this section or section 67A —the date of each previous extension; and expires at the end of the stated period unless it is sooner repealed or it expires under section 68 (4) .\n(sec.67-ssec.4) Subsection (2) applies despite the Statutory Instruments Act 1992 , section 32 .\n- (a) must state— (i) the period, of not more than 14 days, by which the disaster situation is extended; and (ii) if the disaster situation has previously been extended under this section or section 67A —the date of each previous extension; and\n- (i) the period, of not more than 14 days, by which the disaster situation is extended; and\n- (ii) if the disaster situation has previously been extended under this section or section 67A —the date of each previous extension; and\n- (b) expires at the end of the stated period unless it is sooner repealed or it expires under section 68 (4) .\n- (i) the period, of not more than 14 days, by which the disaster situation is extended; and\n- (ii) if the disaster situation has previously been extended under this section or section 67A —the date of each previous extension; and","sortOrder":142},{"sectionNumber":"sec.67A","sectionType":"section","heading":"Declaration extending disaster situation","content":"### sec.67A Declaration extending disaster situation\n\nThis section applies for a disaster situation declared under section 64 if the Minister and the Premier are satisfied—\nthe disaster situation should be extended or further extended; and\nit is not practicable to make a regulation under section 67 before the day the disaster situation ends.\nThe Minister and the Premier may, by declaration, extend the period of the disaster situation.\nThe declaration must—\nbe in the approved form; and\nstate—\nthe time and date of the declaration; and\nthe period, of not more than 7 days, by which the disaster situation is extended.\nAs soon as practicable after the extension is declared, the Minister and Premier must give notice of the declaration by gazette notice.\nThe gazette notice must include the time and date of the declaration.\nA declaration under this section—\nmay be made more than once for a particular disaster situation; but\ncan not be made consecutively to extend and further extend the disaster situation.\ns 67A ins 2011 No. 33 s 11\n(sec.67A-ssec.1) This section applies for a disaster situation declared under section 64 if the Minister and the Premier are satisfied— the disaster situation should be extended or further extended; and it is not practicable to make a regulation under section 67 before the day the disaster situation ends.\n(sec.67A-ssec.2) The Minister and the Premier may, by declaration, extend the period of the disaster situation.\n(sec.67A-ssec.3) The declaration must— be in the approved form; and state— the time and date of the declaration; and the period, of not more than 7 days, by which the disaster situation is extended.\n(sec.67A-ssec.4) As soon as practicable after the extension is declared, the Minister and Premier must give notice of the declaration by gazette notice.\n(sec.67A-ssec.5) The gazette notice must include the time and date of the declaration.\n(sec.67A-ssec.6) A declaration under this section— may be made more than once for a particular disaster situation; but can not be made consecutively to extend and further extend the disaster situation.\n- (a) the disaster situation should be extended or further extended; and\n- (b) it is not practicable to make a regulation under section 67 before the day the disaster situation ends.\n- (a) be in the approved form; and\n- (b) state— (i) the time and date of the declaration; and (ii) the period, of not more than 7 days, by which the disaster situation is extended.\n- (i) the time and date of the declaration; and\n- (ii) the period, of not more than 7 days, by which the disaster situation is extended.\n- (i) the time and date of the declaration; and\n- (ii) the period, of not more than 7 days, by which the disaster situation is extended.\n- (a) may be made more than once for a particular disaster situation; but\n- (b) can not be made consecutively to extend and further extend the disaster situation.","sortOrder":143},{"sectionNumber":"sec.68","sectionType":"section","heading":"Ending disaster situation","content":"### sec.68 Ending disaster situation\n\nAs soon as the Minister is satisfied it is no longer necessary for the district disaster coordinator or a declared disaster officer to exercise declared disaster powers for the disaster situation, the Minister must end the disaster situation.\nIf the Minister ends the disaster situation under subsection (1) —\nthe Minister must—\nmake a written record of the time and date the disaster situation ended; and\nimmediately inform the chairperson of the QDMC and the relevant district disaster coordinator of the ending of the disaster situation; and\nthe district disaster coordinator must, immediately after being informed under paragraph (a) (ii) , inform the declared disaster officers exercising declared disaster powers for the disaster situation of the ending of the disaster situation.\nAlso, the Minister must as soon as practicable give notice of the ending of the disaster situation, and when it ended, by gazette notice.\nA regulation extending or further extending a disaster situation expires when the disaster situation ends under this section.\ns 68 amd 2024 No. 22 s 92 sch 1\n(sec.68-ssec.1) As soon as the Minister is satisfied it is no longer necessary for the district disaster coordinator or a declared disaster officer to exercise declared disaster powers for the disaster situation, the Minister must end the disaster situation.\n(sec.68-ssec.2) If the Minister ends the disaster situation under subsection (1) — the Minister must— make a written record of the time and date the disaster situation ended; and immediately inform the chairperson of the QDMC and the relevant district disaster coordinator of the ending of the disaster situation; and the district disaster coordinator must, immediately after being informed under paragraph (a) (ii) , inform the declared disaster officers exercising declared disaster powers for the disaster situation of the ending of the disaster situation.\n(sec.68-ssec.3) Also, the Minister must as soon as practicable give notice of the ending of the disaster situation, and when it ended, by gazette notice.\n(sec.68-ssec.4) A regulation extending or further extending a disaster situation expires when the disaster situation ends under this section.\n- (a) the Minister must— (i) make a written record of the time and date the disaster situation ended; and (ii) immediately inform the chairperson of the QDMC and the relevant district disaster coordinator of the ending of the disaster situation; and\n- (i) make a written record of the time and date the disaster situation ended; and\n- (ii) immediately inform the chairperson of the QDMC and the relevant district disaster coordinator of the ending of the disaster situation; and\n- (b) the district disaster coordinator must, immediately after being informed under paragraph (a) (ii) , inform the declared disaster officers exercising declared disaster powers for the disaster situation of the ending of the disaster situation.\n- (i) make a written record of the time and date the disaster situation ended; and\n- (ii) immediately inform the chairperson of the QDMC and the relevant district disaster coordinator of the ending of the disaster situation; and","sortOrder":144},{"sectionNumber":"sec.69","sectionType":"section","heading":"Declaration","content":"### sec.69 Declaration\n\nThe Minister and the Premier may declare a disaster situation for the State, or a part of the State, if satisfied—\na disaster has happened, is happening or is likely to happen, in the State; and\nit is necessary, or reasonably likely to be necessary, for a district disaster coordinator or a declared disaster officer to exercise declared disaster powers to prevent or minimise any of the following—\nloss of human life;\nillness or injury to humans;\nproperty loss or damage;\ndamage to the environment.\ns 69 amd 2010 No. 40 s 29\n- (a) a disaster has happened, is happening or is likely to happen, in the State; and\n- (b) it is necessary, or reasonably likely to be necessary, for a district disaster coordinator or a declared disaster officer to exercise declared disaster powers to prevent or minimise any of the following— (i) loss of human life; (ii) illness or injury to humans; (iii) property loss or damage; (iv) damage to the environment.\n- (i) loss of human life;\n- (ii) illness or injury to humans;\n- (iii) property loss or damage;\n- (iv) damage to the environment.\n- (i) loss of human life;\n- (ii) illness or injury to humans;\n- (iii) property loss or damage;\n- (iv) damage to the environment.","sortOrder":145},{"sectionNumber":"sec.70","sectionType":"section","heading":"Form and notice of declaration","content":"### sec.70 Form and notice of declaration\n\nA declaration of a disaster situation under section 69 must be in the approved form.\nThe approved form must include provision for—\nthe time and date of the declaration; and\nthe declared area for the disaster situation.\nAs soon as practicable after the disaster situation is declared, the Minister must give notice of the declaration by gazette notice.\nThe gazette notice must include—\nthe time and date of the declaration; and\ndetails of the declared area for the disaster situation.\nDespite subsection (1) , a declaration of a disaster situation can be made orally if the Minister and the Premier are satisfied it is necessary to exercise declared disaster powers under section 69 (b) before an approved form can be obtained and completed.\nTo remove any doubt, subsection (5) does not authorise an oral declaration if the Minister and the Premier are satisfied only that it is reasonably likely to be necessary to exercise declared disaster powers under section 69 (b) .\nIf an oral declaration of a disaster situation is made under subsection (5) , the declaration of the disaster situation must be recorded in the approved form under subsections (1) and (2) as soon as is reasonably practicable after the oral declaration is made.\ns 70 amd 2010 No. 40 s 30\n(sec.70-ssec.1) A declaration of a disaster situation under section 69 must be in the approved form.\n(sec.70-ssec.2) The approved form must include provision for— the time and date of the declaration; and the declared area for the disaster situation.\n(sec.70-ssec.3) As soon as practicable after the disaster situation is declared, the Minister must give notice of the declaration by gazette notice.\n(sec.70-ssec.4) The gazette notice must include— the time and date of the declaration; and details of the declared area for the disaster situation.\n(sec.70-ssec.5) Despite subsection (1) , a declaration of a disaster situation can be made orally if the Minister and the Premier are satisfied it is necessary to exercise declared disaster powers under section 69 (b) before an approved form can be obtained and completed.\n(sec.70-ssec.6) To remove any doubt, subsection (5) does not authorise an oral declaration if the Minister and the Premier are satisfied only that it is reasonably likely to be necessary to exercise declared disaster powers under section 69 (b) .\n(sec.70-ssec.7) If an oral declaration of a disaster situation is made under subsection (5) , the declaration of the disaster situation must be recorded in the approved form under subsections (1) and (2) as soon as is reasonably practicable after the oral declaration is made.\n- (a) the time and date of the declaration; and\n- (b) the declared area for the disaster situation.\n- (a) the time and date of the declaration; and\n- (b) details of the declared area for the disaster situation.","sortOrder":146},{"sectionNumber":"sec.71","sectionType":"section","heading":"Duration","content":"### sec.71 Duration\n\nThe disaster situation—\nstarts when it is declared under section 69 ; and\nunless either of the following happens, ends 14 days after the day it is declared—\nthe Minister and the Premier sooner end the disaster situation under section 73 (1) ;\na regulation under section 72 or a declaration under section 72A extends the period of the disaster situation beyond the end of the 14 days.\ns 71 amd 2010 No. 40 s 31 ; 2011 No. 33 s 12\n- (a) starts when it is declared under section 69 ; and\n- (b) unless either of the following happens, ends 14 days after the day it is declared— (i) the Minister and the Premier sooner end the disaster situation under section 73 (1) ; (ii) a regulation under section 72 or a declaration under section 72A extends the period of the disaster situation beyond the end of the 14 days.\n- (i) the Minister and the Premier sooner end the disaster situation under section 73 (1) ;\n- (ii) a regulation under section 72 or a declaration under section 72A extends the period of the disaster situation beyond the end of the 14 days.\n- (i) the Minister and the Premier sooner end the disaster situation under section 73 (1) ;\n- (ii) a regulation under section 72 or a declaration under section 72A extends the period of the disaster situation beyond the end of the 14 days.","sortOrder":147},{"sectionNumber":"sec.72","sectionType":"section","heading":"Extending disaster situation","content":"### sec.72 Extending disaster situation\n\nA regulation may extend, or from time to time further extend, the period of the disaster situation.\nA regulation made under this section commences on the day it is made whether or not it is notified on that day.\nA regulation extending the period of the disaster situation—\nmust state—\nthe period, of not more than 14 days, by which the disaster situation is extended; and\nif the disaster situation has previously been extended under this section or section 72A —the date of each previous extension; and\nexpires at the end of the stated period unless it is sooner repealed or it expires under section 73 (4) .\nSubsection (2) applies despite the Statutory Instruments Act 1992 , section 32 .\ns 72 amd 2010 No. 40 s 32 ; 2011 No. 1 s 151 ; 2011 No. 33 s 13 ; 2012 No. 25 s 195 sch ; 2013 No. 39 s 110 sch 3 pt 3\n(sec.72-ssec.1) A regulation may extend, or from time to time further extend, the period of the disaster situation.\n(sec.72-ssec.2) A regulation made under this section commences on the day it is made whether or not it is notified on that day.\n(sec.72-ssec.3) A regulation extending the period of the disaster situation— must state— the period, of not more than 14 days, by which the disaster situation is extended; and if the disaster situation has previously been extended under this section or section 72A —the date of each previous extension; and expires at the end of the stated period unless it is sooner repealed or it expires under section 73 (4) .\n(sec.72-ssec.4) Subsection (2) applies despite the Statutory Instruments Act 1992 , section 32 .\n- (a) must state— (i) the period, of not more than 14 days, by which the disaster situation is extended; and (ii) if the disaster situation has previously been extended under this section or section 72A —the date of each previous extension; and\n- (i) the period, of not more than 14 days, by which the disaster situation is extended; and\n- (ii) if the disaster situation has previously been extended under this section or section 72A —the date of each previous extension; and\n- (b) expires at the end of the stated period unless it is sooner repealed or it expires under section 73 (4) .\n- (i) the period, of not more than 14 days, by which the disaster situation is extended; and\n- (ii) if the disaster situation has previously been extended under this section or section 72A —the date of each previous extension; and","sortOrder":148},{"sectionNumber":"sec.72A","sectionType":"section","heading":"Declaration extending disaster situation","content":"### sec.72A Declaration extending disaster situation\n\nThis section applies for a disaster situation declared under section 69 if the Minister and the Premier are satisfied—\nthe disaster situation should be extended or further extended; and\nit is not practicable to make a regulation under section 72 before the day the disaster situation ends.\nThe Minister and the Premier may, by declaration, extend the period of the disaster situation.\nThe declaration must—\nbe in the approved form; and\nstate—\nthe time and date of the declaration; and\nthe period, of not more than 7 days, by which the disaster situation is extended.\nAs soon as practicable after the extension is declared, the Minister and Premier must give notice of the declaration by gazette notice.\nThe gazette notice must include the time and date of the declaration.\nA declaration under this section—\nmay be made more than once for a particular disaster situation; but\ncan not be made consecutively to extend and further extend the disaster situation.\ns 72A ins 2011 No. 33 s 14\n(sec.72A-ssec.1) This section applies for a disaster situation declared under section 69 if the Minister and the Premier are satisfied— the disaster situation should be extended or further extended; and it is not practicable to make a regulation under section 72 before the day the disaster situation ends.\n(sec.72A-ssec.2) The Minister and the Premier may, by declaration, extend the period of the disaster situation.\n(sec.72A-ssec.3) The declaration must— be in the approved form; and state— the time and date of the declaration; and the period, of not more than 7 days, by which the disaster situation is extended.\n(sec.72A-ssec.4) As soon as practicable after the extension is declared, the Minister and Premier must give notice of the declaration by gazette notice.\n(sec.72A-ssec.5) The gazette notice must include the time and date of the declaration.\n(sec.72A-ssec.6) A declaration under this section— may be made more than once for a particular disaster situation; but can not be made consecutively to extend and further extend the disaster situation.\n- (a) the disaster situation should be extended or further extended; and\n- (b) it is not practicable to make a regulation under section 72 before the day the disaster situation ends.\n- (a) be in the approved form; and\n- (b) state— (i) the time and date of the declaration; and (ii) the period, of not more than 7 days, by which the disaster situation is extended.\n- (i) the time and date of the declaration; and\n- (ii) the period, of not more than 7 days, by which the disaster situation is extended.\n- (i) the time and date of the declaration; and\n- (ii) the period, of not more than 7 days, by which the disaster situation is extended.\n- (a) may be made more than once for a particular disaster situation; but\n- (b) can not be made consecutively to extend and further extend the disaster situation.","sortOrder":149},{"sectionNumber":"sec.73","sectionType":"section","heading":"Ending disaster situation","content":"### sec.73 Ending disaster situation\n\nAs soon as the Minister and the Premier are satisfied it is no longer necessary for a district disaster coordinator or a declared disaster officer to exercise declared disaster powers for the disaster situation, the Minister and the Premier must end the disaster situation.\nIf the Minister and the Premier end the disaster situation under subsection (1) —\nthe Minister must—\nmake a written record of the time and date the disaster situation ended; and\nimmediately inform the chairperson of the QDMC of the ending of the disaster situation; and\nthe chairperson of the QDMC must, immediately after being informed under paragraph (a) (ii) , inform the relevant district disaster coordinators and the declared disaster officers exercising declared disaster powers for the disaster situation of the ending of the disaster situation.\nAlso, the Minister must as soon as practicable give notice of the ending of the disaster situation, and when it ended, by gazette notice.\nA regulation extending or further extending a disaster situation expires when the disaster situation ends under this section.\ns 73 amd 2024 No. 22 s 92 sch 1\n(sec.73-ssec.1) As soon as the Minister and the Premier are satisfied it is no longer necessary for a district disaster coordinator or a declared disaster officer to exercise declared disaster powers for the disaster situation, the Minister and the Premier must end the disaster situation.\n(sec.73-ssec.2) If the Minister and the Premier end the disaster situation under subsection (1) — the Minister must— make a written record of the time and date the disaster situation ended; and immediately inform the chairperson of the QDMC of the ending of the disaster situation; and the chairperson of the QDMC must, immediately after being informed under paragraph (a) (ii) , inform the relevant district disaster coordinators and the declared disaster officers exercising declared disaster powers for the disaster situation of the ending of the disaster situation.\n(sec.73-ssec.3) Also, the Minister must as soon as practicable give notice of the ending of the disaster situation, and when it ended, by gazette notice.\n(sec.73-ssec.4) A regulation extending or further extending a disaster situation expires when the disaster situation ends under this section.\n- (a) the Minister must— (i) make a written record of the time and date the disaster situation ended; and (ii) immediately inform the chairperson of the QDMC of the ending of the disaster situation; and\n- (i) make a written record of the time and date the disaster situation ended; and\n- (ii) immediately inform the chairperson of the QDMC of the ending of the disaster situation; and\n- (b) the chairperson of the QDMC must, immediately after being informed under paragraph (a) (ii) , inform the relevant district disaster coordinators and the declared disaster officers exercising declared disaster powers for the disaster situation of the ending of the disaster situation.\n- (i) make a written record of the time and date the disaster situation ended; and\n- (ii) immediately inform the chairperson of the QDMC of the ending of the disaster situation; and","sortOrder":150},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Authorising persons, and powers, for disaster situations","content":"## Authorising persons, and powers, for disaster situations","sortOrder":151},{"sectionNumber":"sec.74","sectionType":"section","heading":"Application of div 2","content":"### sec.74 Application of div 2\n\nThis division applies if a disaster situation is declared.","sortOrder":152},{"sectionNumber":"sec.75","sectionType":"section","heading":"Authorisation for disaster situation","content":"### sec.75 Authorisation for disaster situation\n\nThe chairperson of the QDMC, or a relevant district disaster coordinator for the disaster situation, may authorise any of the following persons to exercise declared disaster powers for the disaster situation—\nan ambulance officer;\na fire officer;\na health officer;\na person who is a member of a class of persons the chairperson or relevant district disaster coordinator is satisfied has the necessary expertise or experience to exercise the powers.\nAlso, a police officer may exercise declared disaster powers for the disaster situation.\nAn authorisation under subsection (1) —\nmay be general or limited to a particular, or a particular class of, ambulance officer, fire officer, health officer or other person; and\nmay be given on conditions; and\nmay be given orally or in writing but if given orally must be put in writing as soon as reasonably practicable.\nA failure to put an authorisation in writing under subsection (3) (c) does not invalidate the authorisation or anything done under the authorisation.\nFor a disaster situation, a police officer and a person authorised under subsection (1) to exercise declared disaster powers for the disaster situation are declared disaster officers for the disaster situation.\ns 75 amd 2024 No. 22 s 92 sch 1\n(sec.75-ssec.1) The chairperson of the QDMC, or a relevant district disaster coordinator for the disaster situation, may authorise any of the following persons to exercise declared disaster powers for the disaster situation— an ambulance officer; a fire officer; a health officer; a person who is a member of a class of persons the chairperson or relevant district disaster coordinator is satisfied has the necessary expertise or experience to exercise the powers.\n(sec.75-ssec.2) Also, a police officer may exercise declared disaster powers for the disaster situation.\n(sec.75-ssec.3) An authorisation under subsection (1) — may be general or limited to a particular, or a particular class of, ambulance officer, fire officer, health officer or other person; and may be given on conditions; and may be given orally or in writing but if given orally must be put in writing as soon as reasonably practicable.\n(sec.75-ssec.4) A failure to put an authorisation in writing under subsection (3) (c) does not invalidate the authorisation or anything done under the authorisation. For a disaster situation, a police officer and a person authorised under subsection (1) to exercise declared disaster powers for the disaster situation are declared disaster officers for the disaster situation.\n- (a) an ambulance officer;\n- (b) a fire officer;\n- (c) a health officer;\n- (d) a person who is a member of a class of persons the chairperson or relevant district disaster coordinator is satisfied has the necessary expertise or experience to exercise the powers.\n- (a) may be general or limited to a particular, or a particular class of, ambulance officer, fire officer, health officer or other person; and\n- (b) may be given on conditions; and\n- (c) may be given orally or in writing but if given orally must be put in writing as soon as reasonably practicable.","sortOrder":153},{"sectionNumber":"sec.76","sectionType":"section","heading":"General provision about powers","content":"### sec.76 General provision about powers\n\nA relevant district disaster coordinator, or a declared disaster officer, for the disaster situation has the powers given under this subdivision.\nHowever, a relevant district disaster coordinator or a declared disaster officer may exercise a power only—\nduring the period of the disaster situation; and\nto do any of the following—\nensure public safety or public order;\nprevent or minimise loss of human life, or illness or injury to humans or animals;\nprevent or minimise property loss or damage, or damage to the environment;\notherwise prepare for, respond to, or recover from, the disaster situation.\nAlso, a declared disaster officer may exercise a power only subject to the conditions, if any, on which the person is authorised.\nIn addition—\nif a declared disaster officer is a non-government ambulance officer, the officer is subject to the directions of a government ambulance officer; and\nif a declared disaster officer is a non-government fire officer, the officer is subject to the directions of a government fire officer; and\nif a declared disaster officer is a non-government health officer, the officer is subject to the directions of a government doctor.\ns 76 amd 2010 No. 40 s 33\n(sec.76-ssec.1) A relevant district disaster coordinator, or a declared disaster officer, for the disaster situation has the powers given under this subdivision.\n(sec.76-ssec.2) However, a relevant district disaster coordinator or a declared disaster officer may exercise a power only— during the period of the disaster situation; and to do any of the following— ensure public safety or public order; prevent or minimise loss of human life, or illness or injury to humans or animals; prevent or minimise property loss or damage, or damage to the environment; otherwise prepare for, respond to, or recover from, the disaster situation.\n(sec.76-ssec.3) Also, a declared disaster officer may exercise a power only subject to the conditions, if any, on which the person is authorised.\n(sec.76-ssec.4) In addition— if a declared disaster officer is a non-government ambulance officer, the officer is subject to the directions of a government ambulance officer; and if a declared disaster officer is a non-government fire officer, the officer is subject to the directions of a government fire officer; and if a declared disaster officer is a non-government health officer, the officer is subject to the directions of a government doctor.\n- (a) during the period of the disaster situation; and\n- (b) to do any of the following— (i) ensure public safety or public order; (ii) prevent or minimise loss of human life, or illness or injury to humans or animals; (iii) prevent or minimise property loss or damage, or damage to the environment; (iv) otherwise prepare for, respond to, or recover from, the disaster situation.\n- (i) ensure public safety or public order;\n- (ii) prevent or minimise loss of human life, or illness or injury to humans or animals;\n- (iii) prevent or minimise property loss or damage, or damage to the environment;\n- (iv) otherwise prepare for, respond to, or recover from, the disaster situation.\n- (i) ensure public safety or public order;\n- (ii) prevent or minimise loss of human life, or illness or injury to humans or animals;\n- (iii) prevent or minimise property loss or damage, or damage to the environment;\n- (iv) otherwise prepare for, respond to, or recover from, the disaster situation.\n- (a) if a declared disaster officer is a non-government ambulance officer, the officer is subject to the directions of a government ambulance officer; and\n- (b) if a declared disaster officer is a non-government fire officer, the officer is subject to the directions of a government fire officer; and\n- (c) if a declared disaster officer is a non-government health officer, the officer is subject to the directions of a government doctor.","sortOrder":154},{"sectionNumber":"sec.77","sectionType":"section","heading":"General powers","content":"### sec.77 General powers\n\nA relevant district disaster coordinator or a declared disaster officer may do all of the following—\ncontrol the movement of persons, animals or vehicles within, into, out of or around the declared area for the disaster situation;\ngive a direction to a person to regulate the movement of the person, an animal or a vehicle within, into, out of or around the declared area;\nevacuate persons or animals from the declared area or a part of the area;\nenter a place in the declared area;\ntake into a place in the declared area the equipment, persons or materials the officer reasonably requires for exercising a power under this subdivision;\ncontain an animal or substance within the declared area;\nremove or destroy an animal, vegetation or substance within the declared area;\nremove, dismantle, demolish or destroy a vehicle, or a building or other structure, in the declared area;\nuse, close off or block a facility for drainage;\nshut off or disconnect a supply of fuel, gas, electricity or water, and take and use the fuel, gas, electricity or water;\nturn off, disconnect or shut down any motor or equipment;\nopen a container or other thing, or dismantle equipment;\nexcavate land or form tunnels;\nbuild earthworks or temporary structures, or erect barriers;\nclose to traffic any road;\nmaintain, restore, or prevent destruction of, essential services;\nrequire a person to give the relevant district disaster coordinator or declared disaster officer reasonable help to exercise the coordinator’s or officer’s powers under this subdivision.\nHowever, a declared disaster officer may exercise a power under subsection (1) (h) in relation to a building or other structure only with the written approval of a relevant district disaster coordinator.\nA relevant district disaster coordinator or a declared disaster officer may enter a place in the declared area without a warrant or the consent of the occupier of the place.\nAlso, a relevant district disaster coordinator or a declared disaster officer may exercise a power under this subdivision with the help, and using the force, that is reasonable in the circumstances.\nWhen giving a direction or making a requirement mentioned in subsection (1) (b) or (q) , a relevant district disaster coordinator or a declared disaster officer must warn the person it is an offence to fail to comply with the direction or requirement unless the person has a reasonable excuse.\nFor offences about failing to comply with a direction or requirement under section 77 (1) (b) or (q) , see sections 116 (Failure to comply with direction) and 117 (Failure to help particular persons).\nIn this section—\nroad means a road under the Transport Operations (Road Use Management) Act 1995 .\ns 77 amd 2012 No. 43 s 325 sch 2\n(sec.77-ssec.1) A relevant district disaster coordinator or a declared disaster officer may do all of the following— control the movement of persons, animals or vehicles within, into, out of or around the declared area for the disaster situation; give a direction to a person to regulate the movement of the person, an animal or a vehicle within, into, out of or around the declared area; evacuate persons or animals from the declared area or a part of the area; enter a place in the declared area; take into a place in the declared area the equipment, persons or materials the officer reasonably requires for exercising a power under this subdivision; contain an animal or substance within the declared area; remove or destroy an animal, vegetation or substance within the declared area; remove, dismantle, demolish or destroy a vehicle, or a building or other structure, in the declared area; use, close off or block a facility for drainage; shut off or disconnect a supply of fuel, gas, electricity or water, and take and use the fuel, gas, electricity or water; turn off, disconnect or shut down any motor or equipment; open a container or other thing, or dismantle equipment; excavate land or form tunnels; build earthworks or temporary structures, or erect barriers; close to traffic any road; maintain, restore, or prevent destruction of, essential services; require a person to give the relevant district disaster coordinator or declared disaster officer reasonable help to exercise the coordinator’s or officer’s powers under this subdivision.\n(sec.77-ssec.2) However, a declared disaster officer may exercise a power under subsection (1) (h) in relation to a building or other structure only with the written approval of a relevant district disaster coordinator.\n(sec.77-ssec.3) A relevant district disaster coordinator or a declared disaster officer may enter a place in the declared area without a warrant or the consent of the occupier of the place.\n(sec.77-ssec.4) Also, a relevant district disaster coordinator or a declared disaster officer may exercise a power under this subdivision with the help, and using the force, that is reasonable in the circumstances.\n(sec.77-ssec.5) When giving a direction or making a requirement mentioned in subsection (1) (b) or (q) , a relevant district disaster coordinator or a declared disaster officer must warn the person it is an offence to fail to comply with the direction or requirement unless the person has a reasonable excuse. For offences about failing to comply with a direction or requirement under section 77 (1) (b) or (q) , see sections 116 (Failure to comply with direction) and 117 (Failure to help particular persons).\n(sec.77-ssec.6) In this section— road means a road under the Transport Operations (Road Use Management) Act 1995 .\n- (a) control the movement of persons, animals or vehicles within, into, out of or around the declared area for the disaster situation;\n- (b) give a direction to a person to regulate the movement of the person, an animal or a vehicle within, into, out of or around the declared area;\n- (c) evacuate persons or animals from the declared area or a part of the area;\n- (d) enter a place in the declared area;\n- (e) take into a place in the declared area the equipment, persons or materials the officer reasonably requires for exercising a power under this subdivision;\n- (f) contain an animal or substance within the declared area;\n- (g) remove or destroy an animal, vegetation or substance within the declared area;\n- (h) remove, dismantle, demolish or destroy a vehicle, or a building or other structure, in the declared area;\n- (i) use, close off or block a facility for drainage;\n- (j) shut off or disconnect a supply of fuel, gas, electricity or water, and take and use the fuel, gas, electricity or water;\n- (k) turn off, disconnect or shut down any motor or equipment;\n- (l) open a container or other thing, or dismantle equipment;\n- (m) excavate land or form tunnels;\n- (n) build earthworks or temporary structures, or erect barriers;\n- (o) close to traffic any road;\n- (p) maintain, restore, or prevent destruction of, essential services;\n- (q) require a person to give the relevant district disaster coordinator or declared disaster officer reasonable help to exercise the coordinator’s or officer’s powers under this subdivision.","sortOrder":155},{"sectionNumber":"sec.78","sectionType":"section","heading":"Power to give direction about property","content":"### sec.78 Power to give direction about property\n\nA relevant district disaster coordinator or a declared disaster officer may direct the owner of any property, by notice in the approved form given to the owner, to put the property under the control, or at the disposal, of a person stated in the notice.\nHowever, if the property is residential premises or business premises, a declared disaster officer may give a person a direction under subsection (1) only with the written approval of a relevant district disaster coordinator.\nWhen giving a direction under subsection (1) , a relevant district disaster coordinator or a declared disaster officer must warn the person it is an offence to fail to comply with the direction unless the person has a reasonable excuse.\nFor the offence of failing to comply with a direction under section 78 (1) , see section 116 (Failure to comply with direction).\ns 78 amd 2012 No. 43 s 325 sch 2\n(sec.78-ssec.1) A relevant district disaster coordinator or a declared disaster officer may direct the owner of any property, by notice in the approved form given to the owner, to put the property under the control, or at the disposal, of a person stated in the notice.\n(sec.78-ssec.2) However, if the property is residential premises or business premises, a declared disaster officer may give a person a direction under subsection (1) only with the written approval of a relevant district disaster coordinator.\n(sec.78-ssec.3) When giving a direction under subsection (1) , a relevant district disaster coordinator or a declared disaster officer must warn the person it is an offence to fail to comply with the direction unless the person has a reasonable excuse. For the offence of failing to comply with a direction under section 78 (1) , see section 116 (Failure to comply with direction).","sortOrder":156},{"sectionNumber":"sec.79","sectionType":"section","heading":"Requirements for direction about property","content":"### sec.79 Requirements for direction about property\n\nThe approved form under section 78 (1) must include provision for the following—\ninformation about the nature of the disaster situation;\nidentifying the property to which the direction relates;\ninformation about—\nthe purpose for which the property is to be used; and\napplying for compensation under this Act in relation to any loss or damage incurred because of the use of the property.\nThe approved form must state—\nthe provision of this Act under which the direction is given; and\nthat the person to whom the direction is given must comply with the direction.\n(sec.79-ssec.1) The approved form under section 78 (1) must include provision for the following— information about the nature of the disaster situation; identifying the property to which the direction relates; information about— the purpose for which the property is to be used; and applying for compensation under this Act in relation to any loss or damage incurred because of the use of the property.\n(sec.79-ssec.2) The approved form must state— the provision of this Act under which the direction is given; and that the person to whom the direction is given must comply with the direction.\n- (a) information about the nature of the disaster situation;\n- (b) identifying the property to which the direction relates;\n- (c) information about— (i) the purpose for which the property is to be used; and (ii) applying for compensation under this Act in relation to any loss or damage incurred because of the use of the property.\n- (i) the purpose for which the property is to be used; and\n- (ii) applying for compensation under this Act in relation to any loss or damage incurred because of the use of the property.\n- (i) the purpose for which the property is to be used; and\n- (ii) applying for compensation under this Act in relation to any loss or damage incurred because of the use of the property.\n- (a) the provision of this Act under which the direction is given; and\n- (b) that the person to whom the direction is given must comply with the direction.","sortOrder":157},{"sectionNumber":"pt.5","sectionType":"part","heading":"Functions of local governments","content":"# Functions of local governments","sortOrder":158},{"sectionNumber":"sec.80","sectionType":"section","heading":"Functions of local government","content":"### sec.80 Functions of local government\n\nThe functions of a local government under this Act are as follows—\nto ensure it has a disaster response capability;\nto approve its local disaster management plan prepared under part 3 ;\nto ensure information about an event or a disaster in its area is promptly given to the district disaster coordinator for the disaster district in which its area is situated;\nto perform other functions given to the local government under this Act.\nIn this section—\ndisaster response capability , for a local government, means the ability to provide equipment and a suitable number of persons, using the resources available to the local government, to effectively deal with, or help another entity to deal with, an emergency situation or a disaster in the local government’s area.\n(sec.80-ssec.1) The functions of a local government under this Act are as follows— to ensure it has a disaster response capability; to approve its local disaster management plan prepared under part 3 ; to ensure information about an event or a disaster in its area is promptly given to the district disaster coordinator for the disaster district in which its area is situated; to perform other functions given to the local government under this Act.\n(sec.80-ssec.2) In this section— disaster response capability , for a local government, means the ability to provide equipment and a suitable number of persons, using the resources available to the local government, to effectively deal with, or help another entity to deal with, an emergency situation or a disaster in the local government’s area.\n- (a) to ensure it has a disaster response capability;\n- (b) to approve its local disaster management plan prepared under part 3 ;\n- (c) to ensure information about an event or a disaster in its area is promptly given to the district disaster coordinator for the disaster district in which its area is situated;\n- (d) to perform other functions given to the local government under this Act.","sortOrder":159},{"sectionNumber":"pt.6","sectionType":"part","heading":null,"content":"","sortOrder":160},{"sectionNumber":"pt","sectionType":"part","heading":null,"content":"","sortOrder":161},{"sectionNumber":"pt-div.1","sectionType":"division","heading":null,"content":"","sortOrder":162},{"sectionNumber":"pt-div","sectionType":"division","heading":null,"content":"","sortOrder":163},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 om 2014 No. 17 s 37","sortOrder":164},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\ns 82 amd 2010 No. 40 s 34\nom 2014 No. 17 s 37","sortOrder":165},{"sectionNumber":"pt-div.2","sectionType":"division","heading":null,"content":"","sortOrder":166},{"sectionNumber":"pt-div-oc.2","sectionType":"division","heading":null,"content":"","sortOrder":167},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 amd 2010 No. 40 s 35\nom 2014 No. 17 s 37","sortOrder":168},{"sectionNumber":"pt-div.3","sectionType":"division","heading":null,"content":"","sortOrder":169},{"sectionNumber":"pt-div-oc.3","sectionType":"division","heading":null,"content":"","sortOrder":170},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 om 2014 No. 17 s 37","sortOrder":171},{"sectionNumber":"sec.84A","sectionType":"section","heading":null,"content":"### Section sec.84A\n\ns 84A ins 2010 No. 40 s 36\nom 2014 No. 17 s 37","sortOrder":172},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 om 2014 No. 17 s 37","sortOrder":173},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 om 2014 No. 17 s 37","sortOrder":174},{"sectionNumber":"sec.86A","sectionType":"section","heading":null,"content":"### Section sec.86A\n\ns 86A ins 2012 No. 43 s 224\nom 2014 No. 17 s 37","sortOrder":175},{"sectionNumber":"sec.86B","sectionType":"section","heading":null,"content":"### Section sec.86B\n\ns 86B ins 2012 No. 43 s 224\nom 2014 No. 17 s 37","sortOrder":176},{"sectionNumber":"pt-div.4","sectionType":"division","heading":null,"content":"","sortOrder":177},{"sectionNumber":"pt-div-oc.4","sectionType":"division","heading":null,"content":"","sortOrder":178},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 amd 2010 No. 40 s 37\nom 2014 No. 17 s 37","sortOrder":179},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 om 2014 No. 17 s 37","sortOrder":180},{"sectionNumber":"pt-div.5","sectionType":"division","heading":null,"content":"","sortOrder":181},{"sectionNumber":"pt-div-oc.5","sectionType":"division","heading":null,"content":"","sortOrder":182},{"sectionNumber":"sec.88A","sectionType":"section","heading":null,"content":"### Section sec.88A\n\ns 88A ins 2010 No. 40 s 38\nom 2014 No. 17 s 37","sortOrder":183},{"sectionNumber":"pt.7","sectionType":"part","heading":null,"content":"","sortOrder":184},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":null,"content":"","sortOrder":185},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 om 2014 No. 17 s 37","sortOrder":186},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 om 2014 No. 17 s 37","sortOrder":187},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 om 2014 No. 17 s 37","sortOrder":188},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":null,"content":"","sortOrder":189},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 om 2014 No. 17 s 37","sortOrder":190},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":null,"content":"","sortOrder":191},{"sectionNumber":"sec.93","sectionType":"section","heading":null,"content":"### Section sec.93\n\ns 93 om 2014 No. 17 s 37","sortOrder":192},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 om 2014 No. 17 s 37","sortOrder":193},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 om 2014 No. 17 s 37","sortOrder":194},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":null,"content":"","sortOrder":195},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 om 2014 No. 17 s 37","sortOrder":196},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 om 2014 No. 17 s 37","sortOrder":197},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 om 2014 No. 17 s 37","sortOrder":198},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 om 2014 No. 17 s 37","sortOrder":199},{"sectionNumber":"pt.8","sectionType":"part","heading":null,"content":"","sortOrder":200},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":null,"content":"","sortOrder":201},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 om 2014 No. 17 s 37","sortOrder":202},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 om 2014 No. 17 s 37","sortOrder":203},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 om 2014 No. 17 s 37","sortOrder":204},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 om 2014 No. 17 s 37","sortOrder":205},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 om 2014 No. 17 s 37","sortOrder":206},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 om 2014 No. 17 s 37","sortOrder":207},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 om 2014 No. 17 s 37","sortOrder":208},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":null,"content":"","sortOrder":209},{"sectionNumber":"pt.8-div","sectionType":"division","heading":null,"content":"","sortOrder":210},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 amd 2012 No. 43 s 325 sch 2\nom 2014 No. 17 s 37","sortOrder":211},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 om 2014 No. 17 s 37","sortOrder":212},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 om 2014 No. 17 s 37","sortOrder":213},{"sectionNumber":"pt.9","sectionType":"part","heading":"Authorising persons to exercise rescue powers in particular circumstances","content":"# Authorising persons to exercise rescue powers in particular circumstances","sortOrder":214},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Authorising persons to exercise rescue powers","content":"## Authorising persons to exercise rescue powers","sortOrder":215},{"sectionNumber":"sec.110","sectionType":"section","heading":"Authorising persons to exercise rescue powers","content":"### sec.110 Authorising persons to exercise rescue powers\n\nThis section applies if the chairperson of the QDMC or a district disaster coordinator is satisfied on reasonable grounds it is necessary to act as mentioned in subsection (2) to ensure the following are carried out effectively—\nrescue or similar operations in an emergency situation;\nother operations in an emergency situation to—\nhelp injured persons; or\nprotect persons or property from danger or potential danger associated with the emergency situation.\nThe chairperson or district disaster coordinator may authorise a person to exercise rescue powers in relation to the emergency situation if satisfied the person has the necessary expertise or experience to exercise the rescue powers.\nAn authorisation under subsection (2) —\nmay be given on conditions; and\nmay be given orally or in writing but if given orally must be put in writing as soon as reasonably practicable.\nA failure to put an authorisation in writing under subsection (3) (b) does not invalidate the authorisation or anything done under the authorisation.\nA person authorised by the chairperson or district disaster coordinator under subsection (2) may exercise the rescue powers only—\nunder the authorisation; and\nsubject to the directions of the chairperson or district disaster coordinator.\ns 110 amd 2024 No. 22 s 92 sch 1\n(sec.110-ssec.1) This section applies if the chairperson of the QDMC or a district disaster coordinator is satisfied on reasonable grounds it is necessary to act as mentioned in subsection (2) to ensure the following are carried out effectively— rescue or similar operations in an emergency situation; other operations in an emergency situation to— help injured persons; or protect persons or property from danger or potential danger associated with the emergency situation.\n(sec.110-ssec.2) The chairperson or district disaster coordinator may authorise a person to exercise rescue powers in relation to the emergency situation if satisfied the person has the necessary expertise or experience to exercise the rescue powers.\n(sec.110-ssec.3) An authorisation under subsection (2) — may be given on conditions; and may be given orally or in writing but if given orally must be put in writing as soon as reasonably practicable.\n(sec.110-ssec.4) A failure to put an authorisation in writing under subsection (3) (b) does not invalidate the authorisation or anything done under the authorisation.\n(sec.110-ssec.5) A person authorised by the chairperson or district disaster coordinator under subsection (2) may exercise the rescue powers only— under the authorisation; and subject to the directions of the chairperson or district disaster coordinator.\n- (a) rescue or similar operations in an emergency situation;\n- (b) other operations in an emergency situation to— (i) help injured persons; or (ii) protect persons or property from danger or potential danger associated with the emergency situation.\n- (i) help injured persons; or\n- (ii) protect persons or property from danger or potential danger associated with the emergency situation.\n- (i) help injured persons; or\n- (ii) protect persons or property from danger or potential danger associated with the emergency situation.\n- (a) may be given on conditions; and\n- (b) may be given orally or in writing but if given orally must be put in writing as soon as reasonably practicable.\n- (a) under the authorisation; and\n- (b) subject to the directions of the chairperson or district disaster coordinator.","sortOrder":216},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Powers of persons authorised under division 1","content":"## Powers of persons authorised under division 1","sortOrder":217},{"sectionNumber":"sec.111","sectionType":"section","heading":"Power to enter places","content":"### sec.111 Power to enter places\n\nA person authorised under section 110 (2) may enter a place if the person is satisfied on reasonable grounds it is necessary to enter the place to avoid an imminent risk of death or injury of a person.\nThe person may enter the place, using reasonable force, without a warrant or the consent of the owner or occupier of the place.\nHowever, if the occupier is present at the place, before entering the place, the person must do, or make a reasonable attempt to do, the following things—\ntell the occupier the purpose of the entry;\nseek the consent of the occupier to the entry;\ntell the occupier the person is permitted under this Act to enter the place without the occupier’s consent.\nSubsection (3) does not require the person to take a step that the person reasonably believes may frustrate or otherwise hinder the person’s ability to protect a person’s life or health.\n(sec.111-ssec.1) A person authorised under section 110 (2) may enter a place if the person is satisfied on reasonable grounds it is necessary to enter the place to avoid an imminent risk of death or injury of a person.\n(sec.111-ssec.2) The person may enter the place, using reasonable force, without a warrant or the consent of the owner or occupier of the place.\n(sec.111-ssec.3) However, if the occupier is present at the place, before entering the place, the person must do, or make a reasonable attempt to do, the following things— tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the person is permitted under this Act to enter the place without the occupier’s consent.\n(sec.111-ssec.4) Subsection (3) does not require the person to take a step that the person reasonably believes may frustrate or otherwise hinder the person’s ability to protect a person’s life or health.\n- (a) tell the occupier the purpose of the entry;\n- (b) seek the consent of the occupier to the entry;\n- (c) tell the occupier the person is permitted under this Act to enter the place without the occupier’s consent.","sortOrder":218},{"sectionNumber":"sec.112","sectionType":"section","heading":"General powers","content":"### sec.112 General powers\n\nThis section applies if, under section 111 (1) , a person enters a place.\nThe person may take reasonable steps to avoid the imminent risk of death or injury of a person.\nIf it is reasonable in the circumstances, the person may do all of the following having regard to the purpose of the entry—\nsearch any part of the place;\nopen, using reasonable force, a container or other thing at the place;\nremove any thing from the place;\ndestroy or damage premises, a vehicle, container or other thing;\ntake into or onto the place the equipment, persons or materials the person reasonably requires to exercise a power under this section;\ndirect another person to leave, or not to enter, an area in or near the place if the person considers the direction is necessary to protect a person’s life or health;\nrequire someone at or near the place, to give the person reasonable help to exercise the person’s powers under paragraphs (a) to (e) .\nWhen giving a direction or making a requirement mentioned in subsection (3) (f) or (g) , the person must warn the other person it is an offence to fail to comply with the direction or requirement unless the other person has a reasonable excuse.\nFor offences about failing to comply with a direction or requirement under section 112 (3) (f) or (g) , see sections 116 (Failure to comply with direction) and 117 (Failure to help particular persons).\ns 112 amd 2012 No. 43 s 325 sch 2\n(sec.112-ssec.1) This section applies if, under section 111 (1) , a person enters a place.\n(sec.112-ssec.2) The person may take reasonable steps to avoid the imminent risk of death or injury of a person.\n(sec.112-ssec.3) If it is reasonable in the circumstances, the person may do all of the following having regard to the purpose of the entry— search any part of the place; open, using reasonable force, a container or other thing at the place; remove any thing from the place; destroy or damage premises, a vehicle, container or other thing; take into or onto the place the equipment, persons or materials the person reasonably requires to exercise a power under this section; direct another person to leave, or not to enter, an area in or near the place if the person considers the direction is necessary to protect a person’s life or health; require someone at or near the place, to give the person reasonable help to exercise the person’s powers under paragraphs (a) to (e) .\n(sec.112-ssec.4) When giving a direction or making a requirement mentioned in subsection (3) (f) or (g) , the person must warn the other person it is an offence to fail to comply with the direction or requirement unless the other person has a reasonable excuse. For offences about failing to comply with a direction or requirement under section 112 (3) (f) or (g) , see sections 116 (Failure to comply with direction) and 117 (Failure to help particular persons).\n- (a) search any part of the place;\n- (b) open, using reasonable force, a container or other thing at the place;\n- (c) remove any thing from the place;\n- (d) destroy or damage premises, a vehicle, container or other thing;\n- (e) take into or onto the place the equipment, persons or materials the person reasonably requires to exercise a power under this section;\n- (f) direct another person to leave, or not to enter, an area in or near the place if the person considers the direction is necessary to protect a person’s life or health;\n- (g) require someone at or near the place, to give the person reasonable help to exercise the person’s powers under paragraphs (a) to (e) .","sortOrder":219},{"sectionNumber":"pt.10","sectionType":"part","heading":"Offence provisions","content":"# Offence provisions","sortOrder":220},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":221},{"sectionNumber":"sec.113","sectionType":"section","heading":"Definition for pt 10","content":"### sec.113 Definition for pt 10\n\nIn this part—\nauthorised person means any of the following—\na district disaster coordinator;\na declared disaster officer;\na person authorised under section 110 (2) .\ns 113 def authorised person amd 2012 No. 43 s 225 ; 2014 No. 17 s 38\n- (a) a district disaster coordinator;\n- (b) a declared disaster officer;\n- (c) a person authorised under section 110 (2) .","sortOrder":222},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":223},{"sectionNumber":"sec.114","sectionType":"section","heading":"Impersonation of authorised person","content":"### sec.114 Impersonation of authorised person\n\nA person must not pretend to be an authorised person.\nMaximum penalty—100 penalty units.","sortOrder":224},{"sectionNumber":"sec.115","sectionType":"section","heading":"Obstruction of authorised person","content":"### sec.115 Obstruction of authorised person\n\nA person must not obstruct an authorised person in the exercise of a power unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist and attempt or threaten to obstruct.\n(sec.115-ssec.1) A person must not obstruct an authorised person in the exercise of a power unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.115-ssec.2) If a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and the authorised person considers the person’s conduct an obstruction.\n(sec.115-ssec.3) In this section— obstruct includes assault, hinder, resist and attempt or threaten to obstruct.\n- (a) it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct an obstruction.","sortOrder":225},{"sectionNumber":"sec.116","sectionType":"section","heading":"Failure to comply with direction","content":"### sec.116 Failure to comply with direction\n\nA person given a direction under any of the following provisions must comply with the direction unless the person has a reasonable excuse—\nsection 77 (1) (b) ;\nsection 78 (1) ;\nsection 112 (3) (f) .\nMaximum penalty—100 penalty units.\ns 116 amd 2014 No. 17 s 39\n- (a) section 77 (1) (b) ;\n- (b) section 78 (1) ;\n- (c) section 112 (3) (f) .","sortOrder":226},{"sectionNumber":"sec.117","sectionType":"section","heading":"Failure to help particular persons","content":"### sec.117 Failure to help particular persons\n\nA person required to give reasonable help under either of the following provisions must comply with the requirement unless the person has a reasonable excuse—\nsection 77 (1) (q) ;\nsection 112 (3) (g) .\nMaximum penalty—100 penalty units.\ns 117 amd 2014 No. 17 s 40\n- (a) section 77 (1) (q) ;\n- (b) section 112 (3) (g) .","sortOrder":227},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 om 2014 No. 17 s 41","sortOrder":228},{"sectionNumber":"pt.11","sectionType":"part","heading":"Provisions about compensation and policies of insurance","content":"# Provisions about compensation and policies of insurance","sortOrder":229},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":230},{"sectionNumber":"sec.119","sectionType":"section","heading":"Entitlement to compensation","content":"### sec.119 Entitlement to compensation\n\nSubject to this division, a person who suffers loss or damage because of the exercise, or purported exercise, of a power under section 77 , 78 , 111 or 112 is entitled to be paid just and reasonable compensation for the loss or damage.\ns 119 amd 2014 No. 17 s 42","sortOrder":231},{"sectionNumber":"sec.120","sectionType":"section","heading":"When compensation is not payable","content":"### sec.120 When compensation is not payable\n\nCompensation is not payable to the person for loss or damage to the extent that—\nan amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or\nthe conduct of the person contributed to the loss or damage.\nAlso, compensation is not payable to the person for loss or damage if the loss or damage would have happened in any event irrespective of the exercise, or purported exercise, of the power.\n(sec.120-ssec.1) Compensation is not payable to the person for loss or damage to the extent that— an amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or the conduct of the person contributed to the loss or damage.\n(sec.120-ssec.2) Also, compensation is not payable to the person for loss or damage if the loss or damage would have happened in any event irrespective of the exercise, or purported exercise, of the power.\n- (a) an amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or\n- (b) the conduct of the person contributed to the loss or damage.","sortOrder":232},{"sectionNumber":"sec.121","sectionType":"section","heading":"Applying for compensation","content":"### sec.121 Applying for compensation\n\nA person who suffers loss or damage because of the exercise, or purported exercise, of a power under section 77 , 78 , 111 or 112 may apply to the police commissioner for compensation for the loss or damage.\nThe application must be made in writing within 90 days after the person suffers the loss or damage.\nThe application must state—\ndetails of the person’s loss or damage; and\nthe amount of compensation claimed and the grounds for the amount claimed.\nThe applicant also must provide any other relevant information reasonably required by the police commissioner to decide the application.\nDespite subsection (2) , the police commissioner may accept a person’s application for compensation made more than 90 days after the person suffers the loss or damage if the police commissioner is satisfied it would be reasonable in all the circumstances to accept the application.\ns 121 amd 2014 No. 17 s 43 ; 2024 No. 22 s 92 sch 1\n(sec.121-ssec.1) A person who suffers loss or damage because of the exercise, or purported exercise, of a power under section 77 , 78 , 111 or 112 may apply to the police commissioner for compensation for the loss or damage.\n(sec.121-ssec.2) The application must be made in writing within 90 days after the person suffers the loss or damage.\n(sec.121-ssec.3) The application must state— details of the person’s loss or damage; and the amount of compensation claimed and the grounds for the amount claimed.\n(sec.121-ssec.4) The applicant also must provide any other relevant information reasonably required by the police commissioner to decide the application.\n(sec.121-ssec.5) Despite subsection (2) , the police commissioner may accept a person’s application for compensation made more than 90 days after the person suffers the loss or damage if the police commissioner is satisfied it would be reasonable in all the circumstances to accept the application.\n- (a) details of the person’s loss or damage; and\n- (b) the amount of compensation claimed and the grounds for the amount claimed.","sortOrder":233},{"sectionNumber":"sec.122","sectionType":"section","heading":"Lapsing of application","content":"### sec.122 Lapsing of application\n\nIf an application for compensation is made under this division, the police commissioner may make a requirement under section 121 (4) for information to decide the application by giving the applicant a notice stating—\nthe required information; and\nthe time by which the information must be given to the police commissioner; and\nthat, if the information is not given to the police commissioner by the stated time, the application will lapse.\nThe stated time must be reasonable and, in any case, at least 21 days after the requirement is made.\nThe police commissioner may give the applicant a further notice extending or further extending the time if the police commissioner is satisfied it would be reasonable in all the circumstances to give the extension.\nA notice may be given under subsection (3) even if the time to which it relates has lapsed.\nIf the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\ns 122 amd 2024 No. 22 s 92 sch 1\n(sec.122-ssec.1) If an application for compensation is made under this division, the police commissioner may make a requirement under section 121 (4) for information to decide the application by giving the applicant a notice stating— the required information; and the time by which the information must be given to the police commissioner; and that, if the information is not given to the police commissioner by the stated time, the application will lapse.\n(sec.122-ssec.2) The stated time must be reasonable and, in any case, at least 21 days after the requirement is made.\n(sec.122-ssec.3) The police commissioner may give the applicant a further notice extending or further extending the time if the police commissioner is satisfied it would be reasonable in all the circumstances to give the extension.\n(sec.122-ssec.4) A notice may be given under subsection (3) even if the time to which it relates has lapsed.\n(sec.122-ssec.5) If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\n- (a) the required information; and\n- (b) the time by which the information must be given to the police commissioner; and\n- (c) that, if the information is not given to the police commissioner by the stated time, the application will lapse.","sortOrder":234},{"sectionNumber":"sec.123","sectionType":"section","heading":"Deciding application","content":"### sec.123 Deciding application\n\nThe police commissioner must consider and decide an accepted application within 60 days after the last of the following to happen—\nthe police commissioner receives the application;\nthe police commissioner receives all necessary information to decide the application.\nIf the police commissioner has not decided an accepted application within the period stated in subsection (1) for the application, the police commissioner is taken to have refused to pay compensation.\nIn this section—\naccepted application means an application made under section 121 (2) or an application the police commissioner accepts under section 121 (5) .\ns 123 amd 2024 No. 22 s 92 sch 1\n(sec.123-ssec.1) The police commissioner must consider and decide an accepted application within 60 days after the last of the following to happen— the police commissioner receives the application; the police commissioner receives all necessary information to decide the application.\n(sec.123-ssec.2) If the police commissioner has not decided an accepted application within the period stated in subsection (1) for the application, the police commissioner is taken to have refused to pay compensation.\n(sec.123-ssec.3) In this section— accepted application means an application made under section 121 (2) or an application the police commissioner accepts under section 121 (5) .\n- (a) the police commissioner receives the application;\n- (b) the police commissioner receives all necessary information to decide the application.","sortOrder":235},{"sectionNumber":"sec.124","sectionType":"section","heading":"Notice about decision","content":"### sec.124 Notice about decision\n\nAs soon as practicable after deciding the application, the police commissioner must give the applicant a written notice stating all of the following—\nthe decision and the reasons for it;\nif the police commissioner decides to pay compensation—\ndetails of the amount and how the amount was assessed; and\nif the amount is less than the amount claimed—the matters mentioned in the QCAT Act , section 157 (2) (c) to (e) ;\nif the police commissioner decides not to pay compensation—the matters mentioned in the QCAT Act , section 157 (2) (c) to (e) .\ns 124 amd 2009 No. 24 s 100 ; 2024 No. 22 s 92 sch 1\n- (a) the decision and the reasons for it;\n- (b) if the police commissioner decides to pay compensation— (i) details of the amount and how the amount was assessed; and (ii) if the amount is less than the amount claimed—the matters mentioned in the QCAT Act , section 157 (2) (c) to (e) ;\n- (i) details of the amount and how the amount was assessed; and\n- (ii) if the amount is less than the amount claimed—the matters mentioned in the QCAT Act , section 157 (2) (c) to (e) ;\n- (c) if the police commissioner decides not to pay compensation—the matters mentioned in the QCAT Act , section 157 (2) (c) to (e) .\n- (i) details of the amount and how the amount was assessed; and\n- (ii) if the amount is less than the amount claimed—the matters mentioned in the QCAT Act , section 157 (2) (c) to (e) ;","sortOrder":236},{"sectionNumber":"sec.125","sectionType":"section","heading":"Review of a decision to pay compensation","content":"### sec.125 Review of a decision to pay compensation\n\nAn applicant for the payment of compensation under this division who is dissatisfied with the police commissioner’s decision to refuse to pay compensation or about the amount of compensation may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\ns 125 sub 2009 No. 24 s 101\namd 2024 No. 22 s 92 sch 1","sortOrder":237},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2009 No. 24 s 101","sortOrder":238},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 om 2009 No. 24 s 101","sortOrder":239},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 om 2009 No. 24 s 101","sortOrder":240},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 om 2009 No. 24 s 101","sortOrder":241},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Policies of insurance","content":"## Policies of insurance","sortOrder":242},{"sectionNumber":"sec.130","sectionType":"section","heading":"Extension of policy of insurance","content":"### sec.130 Extension of policy of insurance\n\nThis section applies to a policy of insurance for damage to property if—\ndamage is caused to the property because of the exercise of a power, or performance of a function, under this Act by a person, honestly and without negligence, in relation to a disaster or an emergency situation; and\nthe exercise of the power, or performance of the function, happens for the purpose of protecting—\nthe property from damage; or\na person or an animal from death or injury.\nFor the purposes of the policy of insurance, the damage is, by the operation of this section, taken to be damage caused by the happening of the event for which the policy provides insurance cover.\nA term of a policy of insurance that purports to vary or exclude the operation of subsection (2) is void.\n(sec.130-ssec.1) This section applies to a policy of insurance for damage to property if— damage is caused to the property because of the exercise of a power, or performance of a function, under this Act by a person, honestly and without negligence, in relation to a disaster or an emergency situation; and the exercise of the power, or performance of the function, happens for the purpose of protecting— the property from damage; or a person or an animal from death or injury.\n(sec.130-ssec.2) For the purposes of the policy of insurance, the damage is, by the operation of this section, taken to be damage caused by the happening of the event for which the policy provides insurance cover.\n(sec.130-ssec.3) A term of a policy of insurance that purports to vary or exclude the operation of subsection (2) is void.\n- (a) damage is caused to the property because of the exercise of a power, or performance of a function, under this Act by a person, honestly and without negligence, in relation to a disaster or an emergency situation; and\n- (b) the exercise of the power, or performance of the function, happens for the purpose of protecting— (i) the property from damage; or (ii) a person or an animal from death or injury.\n- (i) the property from damage; or\n- (ii) a person or an animal from death or injury.\n- (i) the property from damage; or\n- (ii) a person or an animal from death or injury.","sortOrder":243},{"sectionNumber":"pt.12","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":244},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":245},{"sectionNumber":"sec.131","sectionType":"section","heading":"Application of div 1","content":"### sec.131 Application of div 1\n\nThis division applies to a proceeding under this Act.","sortOrder":246},{"sectionNumber":"sec.132","sectionType":"section","heading":"Appointments and authority","content":"### sec.132 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of—\nthe chairperson of the QDMC; or\nthe chairperson of the district group; or\nthe deputy chairperson of the QDMC; or\na State disaster coordinator;\nthe authorisation, under section 75 (1) , of a person to exercise declared disaster powers;\nthe authorisation, under section 110 (2) , of a person to exercise rescue powers;\nthe authority of a person mentioned in paragraph (a) , (b) or (c) to do anything under this Act.\ns 132 amd 2010 No. 40 s 3 sch ; 2014 No. 17 s 44 ; 2024 No. 22 s 92 sch 1\n- (a) the appointment of— (i) the chairperson of the QDMC; or (ii) the chairperson of the district group; or (iii) the deputy chairperson of the QDMC; or (iv) a State disaster coordinator;\n- (i) the chairperson of the QDMC; or\n- (ii) the chairperson of the district group; or\n- (iii) the deputy chairperson of the QDMC; or\n- (iv) a State disaster coordinator;\n- (b) the authorisation, under section 75 (1) , of a person to exercise declared disaster powers;\n- (c) the authorisation, under section 110 (2) , of a person to exercise rescue powers;\n- (d) the authority of a person mentioned in paragraph (a) , (b) or (c) to do anything under this Act.\n- (i) the chairperson of the QDMC; or\n- (ii) the chairperson of the district group; or\n- (iii) the deputy chairperson of the QDMC; or\n- (iv) a State disaster coordinator;","sortOrder":247},{"sectionNumber":"sec.133","sectionType":"section","heading":"Signatures","content":"### sec.133 Signatures\n\nA signature purporting to be the signature of the police commissioner, the chairperson of the QDMC, the chairperson of the district group, a district disaster coordinator or a declared disaster officer is evidence of the signature it purports to be.\ns 133 amd 2010 No. 40 s 3 sch ; 2024 No. 22 s 92 sch 1","sortOrder":248},{"sectionNumber":"sec.134","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.134 Other evidentiary aids\n\nA certificate purporting to be signed by the police commissioner and stating any of the following matters is evidence of the matter—\na stated document is a thing as follows given, issued, kept or made under this Act—\nan appointment, authorisation, approval or decision;\na direction, notice or requirement;\na stated document is a copy of a document mentioned in paragraph (a) ;\non a stated day and at a stated time a disaster situation started;\non a stated day and at a stated time a disaster situation ended;\non a stated day, or during a stated period, either of the following was, or was not, in force for a stated person—\nan authorisation for the person to exercise declared disaster powers;\nan authorisation for the person to exercise rescue powers;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day a stated requirement was made of a stated person.\ns 134 amd 2014 No. 17 s 45 ; 2024 No. 22 s 92 sch 1\n- (a) a stated document is a thing as follows given, issued, kept or made under this Act— (i) an appointment, authorisation, approval or decision; (ii) a direction, notice or requirement;\n- (i) an appointment, authorisation, approval or decision;\n- (ii) a direction, notice or requirement;\n- (b) a stated document is a copy of a document mentioned in paragraph (a) ;\n- (c) on a stated day and at a stated time a disaster situation started;\n- (d) on a stated day and at a stated time a disaster situation ended;\n- (e) on a stated day, or during a stated period, either of the following was, or was not, in force for a stated person— (i) an authorisation for the person to exercise declared disaster powers; (ii) an authorisation for the person to exercise rescue powers;\n- (i) an authorisation for the person to exercise declared disaster powers;\n- (ii) an authorisation for the person to exercise rescue powers;\n- (f) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (g) on a stated day a stated requirement was made of a stated person.\n- (i) an appointment, authorisation, approval or decision;\n- (ii) a direction, notice or requirement;\n- (i) an authorisation for the person to exercise declared disaster powers;\n- (ii) an authorisation for the person to exercise rescue powers;","sortOrder":249},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":250},{"sectionNumber":"sec.135","sectionType":"section","heading":"Summary proceedings for offence","content":"### sec.135 Summary proceedings for offence\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start within the later of the following periods to end—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.135-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.135-ssec.2) The proceeding must start within the later of the following periods to end— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":251},{"sectionNumber":"sec.136","sectionType":"section","heading":"Statement of complainant’s knowledge","content":"### sec.136 Statement of complainant’s knowledge\n\nIn a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.","sortOrder":252},{"sectionNumber":"pt.12A","sectionType":"part","heading":null,"content":"","sortOrder":253},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns 137 prev s 137 om 2014 No. 17 s 46\npres s 137 ins 2020 No. 16 s 23\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 138B)\nAIA s 20A applies (see s 138C)","sortOrder":254},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns 138 prev s 138 om 2014 No. 17 s 46\npres s 138 ins 2020 No. 16 s 23\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 138B)\nAIA s 20A applies (see s 138C)","sortOrder":255},{"sectionNumber":"sec.138A","sectionType":"section","heading":null,"content":"### Section sec.138A\n\ns 138A ins 2020 No. 16 s 23\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 138B)\nAIA s 20A applies (see s 138C)","sortOrder":256},{"sectionNumber":"sec.138B","sectionType":"section","heading":null,"content":"### Section sec.138B\n\ns 138B ins 2020 No. 16 s 23\namd 2020 No. 38 s 37 (1) ; 2022 No. 6 s 17\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 138B)\nAIA s 20A applies (see s 138C)","sortOrder":257},{"sectionNumber":"sec.138C","sectionType":"section","heading":null,"content":"### Section sec.138C\n\ns 138C ins 2020 No. 16 s 23\nexp 31 October 2022 the COVID-19 public health legislation expiry day (see s 138B)\nAIA s 20A applies (see s 138C)","sortOrder":258},{"sectionNumber":"pt.13","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":259},{"sectionNumber":"sec.139","sectionType":"section","heading":"Confidentiality","content":"### sec.139 Confidentiality\n\nA person must not disclose, use or make a record of information the person has acquired—\nin performing a function, or exercising a power, under this Act; or\nbecause of an opportunity provided by the performance of the person’s function, or exercise of the person’s power, under this Act.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply if the information is disclosed or used, or a record of the information is made—\nunder this Act; or\nas permitted or required under another Act; or\nin compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\ns 139 sub 2014 No. 17 s 48\n(sec.139-ssec.1) A person must not disclose, use or make a record of information the person has acquired— in performing a function, or exercising a power, under this Act; or because of an opportunity provided by the performance of the person’s function, or exercise of the person’s power, under this Act. Maximum penalty—40 penalty units.\n(sec.139-ssec.2) Subsection (1) does not apply if the information is disclosed or used, or a record of the information is made— under this Act; or as permitted or required under another Act; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n- (a) in performing a function, or exercising a power, under this Act; or\n- (b) because of an opportunity provided by the performance of the person’s function, or exercise of the person’s power, under this Act.\n- (a) under this Act; or\n- (b) as permitted or required under another Act; or\n- (c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.","sortOrder":260},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 om 2014 No. 17 s 48","sortOrder":261},{"sectionNumber":"sec.141","sectionType":"section","heading":null,"content":"### Section sec.141\n\ns 141 om 2014 No. 17 s 48","sortOrder":262},{"sectionNumber":"sec.142","sectionType":"section","heading":"Police commissioner to insure particular persons","content":"### sec.142 Police commissioner to insure particular persons\n\nThe police commissioner must enter into a contract of insurance with WorkCover or another entity to insure persons required to give reasonable help under section 77 (1) (q) or 112 (3) (g) .\nThe contract of insurance must cover the persons mentioned in subsection (1) while they are giving the reasonable help.\nIn this section—\nWorkCover means WorkCover Queensland established under the Workers’ Compensation and Rehabilitation Act 2003 .\ns 142 amd 2012 No. 43 s 226\nsub 2014 No. 17 s 48\namd 2024 No. 22 s 92 sch 1\n(sec.142-ssec.1) The police commissioner must enter into a contract of insurance with WorkCover or another entity to insure persons required to give reasonable help under section 77 (1) (q) or 112 (3) (g) .\n(sec.142-ssec.2) The contract of insurance must cover the persons mentioned in subsection (1) while they are giving the reasonable help.\n(sec.142-ssec.3) In this section— WorkCover means WorkCover Queensland established under the Workers’ Compensation and Rehabilitation Act 2003 .","sortOrder":263},{"sectionNumber":"sec.143","sectionType":"section","heading":"Delegations","content":"### sec.143 Delegations\n\nThe Minister may delegate the Minister’s powers under this Act, other than a power under section 64 (1) , 68 (1) , 69 or 73 (1) , to the police commissioner or an appropriately qualified person.\nThe police commissioner may delegate the police commissioner’s powers under this Act to an appropriately qualified person.\nThe chairperson of the QDMC may delegate the chairperson’s powers under this Act, other than a power under section 9 , to an appropriately qualified other member of the group.\nThe chairperson of the QDMC may delegate the chairperson’s powers under section 9 to the police commissioner.\nUnder section 9 , the chairperson of the QDMC may give directions about the circumstances in which a person may exercise powers under another Act.\nThe State disaster coordinator may delegate the coordinator’s functions under section 21C to an appropriately qualified person.\nThe State recovery coordinator may delegate the coordinator’s functions under section 21E to an appropriately qualified person.\nThe district disaster coordinator of a district group may delegate the district disaster coordinator’s functions under this Act to an appropriately qualified officer of the Queensland Police Service.\nThe local disaster coordinator may delegate the coordinator’s functions under section 36 to an appropriately qualified person.\nIn this section—\nfunctions includes powers.\ns 143 amd 2010 No. 40 s 39 ; 2014 No. 17 s 49 ; 2014 No. 55 s 17 ; 2024 No. 22 s 92 sch 1\n(sec.143-ssec.1) The Minister may delegate the Minister’s powers under this Act, other than a power under section 64 (1) , 68 (1) , 69 or 73 (1) , to the police commissioner or an appropriately qualified person.\n(sec.143-ssec.2) The police commissioner may delegate the police commissioner’s powers under this Act to an appropriately qualified person.\n(sec.143-ssec.3) The chairperson of the QDMC may delegate the chairperson’s powers under this Act, other than a power under section 9 , to an appropriately qualified other member of the group.\n(sec.143-ssec.4) The chairperson of the QDMC may delegate the chairperson’s powers under section 9 to the police commissioner. Under section 9 , the chairperson of the QDMC may give directions about the circumstances in which a person may exercise powers under another Act.\n(sec.143-ssec.5) The State disaster coordinator may delegate the coordinator’s functions under section 21C to an appropriately qualified person.\n(sec.143-ssec.6) The State recovery coordinator may delegate the coordinator’s functions under section 21E to an appropriately qualified person.\n(sec.143-ssec.7) The district disaster coordinator of a district group may delegate the district disaster coordinator’s functions under this Act to an appropriately qualified officer of the Queensland Police Service.\n(sec.143-ssec.8) The local disaster coordinator may delegate the coordinator’s functions under section 36 to an appropriately qualified person.\n(sec.143-ssec.9) In this section— functions includes powers.","sortOrder":264},{"sectionNumber":"sec.144","sectionType":"section","heading":"Protection from liability","content":"### sec.144 Protection from liability\n\nOther than as provided for under part 11 , civil liability does not attach to the State, a Minister, a local government or an official because of anything done or omitted to be done under this Act in good faith without reckless disregard for the possible occurrence of the personal injury or loss or damage to property from which liability would arise, if this section did not apply.\nThis section does not stop a person further limiting the person’s liability for an act or omission by relying on a provision of the Civil Liability Act 2003 .\nIn this section—\nofficial means all of the following—\na member of the QDMC, a district group or a local group;\na declared disaster officer;\na person authorised under this Act to exercise rescue powers;\na person required to give reasonable help under section 77 (1) (q) or 112 (3) (g) .\ns 144 amd 2014 No. 17 s 50 ; 2024 No. 22 s 92 sch 1\n(sec.144-ssec.1) Other than as provided for under part 11 , civil liability does not attach to the State, a Minister, a local government or an official because of anything done or omitted to be done under this Act in good faith without reckless disregard for the possible occurrence of the personal injury or loss or damage to property from which liability would arise, if this section did not apply.\n(sec.144-ssec.2) This section does not stop a person further limiting the person’s liability for an act or omission by relying on a provision of the Civil Liability Act 2003 .\n(sec.144-ssec.3) In this section— official means all of the following— a member of the QDMC, a district group or a local group; a declared disaster officer; a person authorised under this Act to exercise rescue powers; a person required to give reasonable help under section 77 (1) (q) or 112 (3) (g) .\n- (a) a member of the QDMC, a district group or a local group;\n- (b) a declared disaster officer;\n- (c) a person authorised under this Act to exercise rescue powers;\n- (d) a person required to give reasonable help under section 77 (1) (q) or 112 (3) (g) .","sortOrder":265},{"sectionNumber":"sec.145","sectionType":"section","heading":"Appointments","content":"### sec.145 Appointments\n\nSubject to section 16M , an appointment provided for by this Act is to be made under this Act and not under the Public Sector Act 2022 .\ns 145 amd 2009 No. 25 s 83 sch ; 2014 No. 17 s 51 ; 2022 No. 34 s 365 sch 3","sortOrder":266},{"sectionNumber":"sec.146","sectionType":"section","heading":"Arrangements for identification","content":"### sec.146 Arrangements for identification\n\nThe police commissioner may make arrangements in relation to the identification of persons exercising powers under section 77 , 78 , 111 or 112 .\ns 146 amd 2014 No. 17 s 52 ; 2024 No. 22 s 92 sch 1","sortOrder":267},{"sectionNumber":"sec.147","sectionType":"section","heading":"Approval of forms","content":"### sec.147 Approval of forms\n\nThe police commissioner may approve forms for use under this Act.\ns 147 amd 2024 No. 22 s 92 sch 1","sortOrder":268},{"sectionNumber":"sec.148","sectionType":"section","heading":"Regulation-making power","content":"### sec.148 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be about—\ndividing the State into disaster districts for the purpose of disaster management; or\nimposing a penalty of no more than 20 penalty units for contravention of a regulation.\nA regulation under subsection (2) (a) must—\nname the disaster districts; and\nidentify the area of the disaster districts.\n(sec.148-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.148-ssec.2) A regulation may be about— dividing the State into disaster districts for the purpose of disaster management; or imposing a penalty of no more than 20 penalty units for contravention of a regulation.\n(sec.148-ssec.3) A regulation under subsection (2) (a) must— name the disaster districts; and identify the area of the disaster districts.\n- (a) dividing the State into disaster districts for the purpose of disaster management; or\n- (b) imposing a penalty of no more than 20 penalty units for contravention of a regulation.\n- (a) name the disaster districts; and\n- (b) identify the area of the disaster districts.","sortOrder":269},{"sectionNumber":"pt.14","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":270},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":271},{"sectionNumber":"sec.149","sectionType":"section","heading":"Repeal of State Counter-Disaster Organisation Act 1975","content":"### sec.149 Repeal of State Counter-Disaster Organisation Act 1975\n\nThe State Counter-Disaster Organisation Act 1975 No. 40 is repealed.","sortOrder":272},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Transitional provisions for Act No. 91 of 2003","content":"## Transitional provisions for Act No. 91 of 2003","sortOrder":273},{"sectionNumber":"sec.150","sectionType":"section","heading":"Definitions for div 2","content":"### sec.150 Definitions for div 2\n\nIn this division—\ncentral control group means the central control group established under the repealed Act, section 12(1).\ncommencement means the day this section commences.\ndisaster district coordinator means a disaster district coordinator appointed under the repealed Act.\nformer control group means a disaster district control group established under the repealed Act, section 21(1).\nformer SES means the State Emergency Service established under the repealed Act, section 13(1).","sortOrder":274},{"sectionNumber":"sec.151","sectionType":"section","heading":"References to repealed Act","content":"### sec.151 References to repealed Act\n\nA reference in an Act or other document to the repealed Act may, if the context permits, be taken as a reference to this Act.","sortOrder":275},{"sectionNumber":"sec.152","sectionType":"section","heading":"References to former SES","content":"### sec.152 References to former SES\n\nA reference in an Act or other document to the former SES may, if the context permits, be taken as a reference to the SES.","sortOrder":276},{"sectionNumber":"sec.153","sectionType":"section","heading":"Members of central control group","content":"### sec.153 Members of central control group\n\nThis section applies to a person, other than the chief executive, who was a member of the central control group immediately before the commencement.\nOn the commencement, the person is taken to be appointed as a member of the State group under section 19(2).\n(sec.153-ssec.1) This section applies to a person, other than the chief executive, who was a member of the central control group immediately before the commencement.\n(sec.153-ssec.2) On the commencement, the person is taken to be appointed as a member of the State group under section 19(2).","sortOrder":277},{"sectionNumber":"sec.154","sectionType":"section","heading":"Chairperson of central control group","content":"### sec.154 Chairperson of central control group\n\nThis section applies to the person who, immediately before the commencement, was the chairperson of the central control group.\nOn the commencement, the person is taken to be appointed as the chairperson of the State group under section 20(1)(a).\n(sec.154-ssec.1) This section applies to the person who, immediately before the commencement, was the chairperson of the central control group.\n(sec.154-ssec.2) On the commencement, the person is taken to be appointed as the chairperson of the State group under section 20(1)(a).","sortOrder":278},{"sectionNumber":"sec.155","sectionType":"section","heading":"Executive officer of central control group","content":"### sec.155 Executive officer of central control group\n\nThis section applies to the person who, immediately before the commencement, was the executive officer of the central control group.\nOn the commencement, the person is taken to be the executive officer of the State group.\n(sec.155-ssec.1) This section applies to the person who, immediately before the commencement, was the executive officer of the central control group.\n(sec.155-ssec.2) On the commencement, the person is taken to be the executive officer of the State group.","sortOrder":279},{"sectionNumber":"sec.156","sectionType":"section","heading":"Members of former SES","content":"### sec.156 Members of former SES\n\nThis section applies to a person who, immediately before the commencement, was a member of the former SES.\nOn the commencement, the person is taken to be appointed under section 84 as an SES member.\n(sec.156-ssec.1) This section applies to a person who, immediately before the commencement, was a member of the former SES.\n(sec.156-ssec.2) On the commencement, the person is taken to be appointed under section 84 as an SES member.","sortOrder":280},{"sectionNumber":"sec.157","sectionType":"section","heading":"Authorised officers under the repealed Act","content":"### sec.157 Authorised officers under the repealed Act\n\nThis section applies to a person who, immediately before the commencement, was an authorised officer under the repealed Act.\nOn the commencement, the person is taken to be appointed under section 100 as an authorised rescue officer.\n(sec.157-ssec.1) This section applies to a person who, immediately before the commencement, was an authorised officer under the repealed Act.\n(sec.157-ssec.2) On the commencement, the person is taken to be appointed under section 100 as an authorised rescue officer.","sortOrder":281},{"sectionNumber":"sec.158","sectionType":"section","heading":"Former disaster districts","content":"### sec.158 Former disaster districts\n\nSubsection (2) applies only until a regulation under this Act first provides for disaster districts.\nOn the commencement, a former disaster district is taken to be a disaster district under this Act.\nIn this section—\nformer disaster district means a disaster district constituted under the repealed Act, section 20(1), by gazette notice in force immediately before the commencement.\n(sec.158-ssec.1) Subsection (2) applies only until a regulation under this Act first provides for disaster districts.\n(sec.158-ssec.2) On the commencement, a former disaster district is taken to be a disaster district under this Act.\n(sec.158-ssec.3) In this section— former disaster district means a disaster district constituted under the repealed Act, section 20(1), by gazette notice in force immediately before the commencement.","sortOrder":282},{"sectionNumber":"sec.159","sectionType":"section","heading":"Disaster district coordinators","content":"### sec.159 Disaster district coordinators\n\nThis section applies to a person who, immediately before the commencement, was the disaster district coordinator for a former control group.\nOn the commencement, the person is taken to be appointed, under section 25(1)(a), as the district disaster coordinator of the district group that is established for the disaster district in relation to which the person was the disaster district coordinator.\n(sec.159-ssec.1) This section applies to a person who, immediately before the commencement, was the disaster district coordinator for a former control group.\n(sec.159-ssec.2) On the commencement, the person is taken to be appointed, under section 25(1)(a), as the district disaster coordinator of the district group that is established for the disaster district in relation to which the person was the disaster district coordinator.","sortOrder":283},{"sectionNumber":"sec.160","sectionType":"section","heading":"Other members of former control groups","content":"### sec.160 Other members of former control groups\n\nThis section applies to a person, other than a disaster district coordinator, who was a member of a former control group immediately before the commencement.\nOn the commencement, the person is taken to be appointed, under section 24, as a member of the district group that is established for the disaster district in relation to which the person was a member of the former control group.\n(sec.160-ssec.1) This section applies to a person, other than a disaster district coordinator, who was a member of a former control group immediately before the commencement.\n(sec.160-ssec.2) On the commencement, the person is taken to be appointed, under section 24, as a member of the district group that is established for the disaster district in relation to which the person was a member of the former control group.","sortOrder":284},{"sectionNumber":"sec.161","sectionType":"section","heading":"Particular local governments under the repealed Act","content":"### sec.161 Particular local governments under the repealed Act\n\nThis section applies to a local government that, immediately before the commencement, was united with another local government, under the repealed Act, section 26(2), for the purpose of arranging and carrying out counter disaster measures.\nOn the commencement, the local governments are taken to be a combined local government under parts 2 and 3 of this Act.\n(sec.161-ssec.1) This section applies to a local government that, immediately before the commencement, was united with another local government, under the repealed Act, section 26(2), for the purpose of arranging and carrying out counter disaster measures.\n(sec.161-ssec.2) On the commencement, the local governments are taken to be a combined local government under parts 2 and 3 of this Act.","sortOrder":285},{"sectionNumber":"sec.162","sectionType":"section","heading":"Provision about declaration under the repealed Act","content":"### sec.162 Provision about declaration under the repealed Act\n\nThis section applies if a declaration, under the repealed Act, section 23 or 24, that a state of disaster exists is in force immediately before the commencement.\nDespite the repeal of the repealed Act—\nthe declaration continues in force; and\nthe repealed Act continues to apply as if this Act had not commenced.\nThe declaration continues in force, and the repealed Act continues to apply, until the declaration is revoked by a regulation under this Act or otherwise ends under the repealed Act.\nFor subsection (2), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\n(sec.162-ssec.1) This section applies if a declaration, under the repealed Act, section 23 or 24, that a state of disaster exists is in force immediately before the commencement.\n(sec.162-ssec.2) Despite the repeal of the repealed Act— the declaration continues in force; and the repealed Act continues to apply as if this Act had not commenced.\n(sec.162-ssec.3) The declaration continues in force, and the repealed Act continues to apply, until the declaration is revoked by a regulation under this Act or otherwise ends under the repealed Act.\n(sec.162-ssec.4) For subsection (2), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\n- (a) the declaration continues in force; and\n- (b) the repealed Act continues to apply as if this Act had not commenced.","sortOrder":286},{"sectionNumber":"sec.163","sectionType":"section","heading":"Compensation for exercise of powers under the repealed Act","content":"### sec.163 Compensation for exercise of powers under the repealed Act\n\nThis section applies if—\na declaration under the repealed Act, section 23 or 24, is continued in force under section 162; and\na person suffers loss or damage to the person’s property because of the exercise, or purported exercise, of a power under the repealed Act, section 25(2)(a)(i) or (b)(iii) in relation to the declaration.\nDespite the repealed Act, section 25(4) and (5), the person may apply for compensation for the loss or damage under section 121 of this Act.\nPart 11, division 1, applies to the application as if it were an application for loss or damage because of the exercise, or purported exercise, of a power under section 77(1)(h) or 78(1).\nThe repealed Act, section 25(4) and (5), does not apply in relation to an application for compensation for the loss or damage.\n(sec.163-ssec.1) This section applies if— a declaration under the repealed Act, section 23 or 24, is continued in force under section 162; and a person suffers loss or damage to the person’s property because of the exercise, or purported exercise, of a power under the repealed Act, section 25(2)(a)(i) or (b)(iii) in relation to the declaration.\n(sec.163-ssec.2) Despite the repealed Act, section 25(4) and (5), the person may apply for compensation for the loss or damage under section 121 of this Act.\n(sec.163-ssec.3) Part 11, division 1, applies to the application as if it were an application for loss or damage because of the exercise, or purported exercise, of a power under section 77(1)(h) or 78(1).\n(sec.163-ssec.4) The repealed Act, section 25(4) and (5), does not apply in relation to an application for compensation for the loss or damage.\n- (a) a declaration under the repealed Act, section 23 or 24, is continued in force under section 162; and\n- (b) a person suffers loss or damage to the person’s property because of the exercise, or purported exercise, of a power under the repealed Act, section 25(2)(a)(i) or (b)(iii) in relation to the declaration.","sortOrder":287},{"sectionNumber":"sec.164","sectionType":"section","heading":"Application for compensation under the repealed Act","content":"### sec.164 Application for compensation under the repealed Act\n\nThis section applies if, immediately before the commencement—\na person is entitled to apply for compensation under the repealed Act, section 25(4), for loss or damage to the person’s property; and\nsection 163 of this Act does not apply to the loss or damage.\nThe person may apply for compensation under the repealed Act as if this Act had not commenced.\n(sec.164-ssec.1) This section applies if, immediately before the commencement— a person is entitled to apply for compensation under the repealed Act, section 25(4), for loss or damage to the person’s property; and section 163 of this Act does not apply to the loss or damage.\n(sec.164-ssec.2) The person may apply for compensation under the repealed Act as if this Act had not commenced.\n- (a) a person is entitled to apply for compensation under the repealed Act, section 25(4), for loss or damage to the person’s property; and\n- (b) section 163 of this Act does not apply to the loss or damage.","sortOrder":288},{"sectionNumber":"sec.165","sectionType":"section","heading":"Local controllers under the repealed Act","content":"### sec.165 Local controllers under the repealed Act\n\nThis section applies to a person who, immediately before the commencement, was the local controller, under the repealed Act, section 26(5), of a local emergency service under that Act.\nOn the commencement, the person is taken to be appointed under section 85(1) as the local controller of the SES unit for—\nthe area of the local government for which the local emergency service was established under the repealed Act; or\nif the local emergency service was established under the repealed Act, section 26(3)—the area of each local government in the combined areas for which the service was established under that Act.\n(sec.165-ssec.1) This section applies to a person who, immediately before the commencement, was the local controller, under the repealed Act, section 26(5), of a local emergency service under that Act.\n(sec.165-ssec.2) On the commencement, the person is taken to be appointed under section 85(1) as the local controller of the SES unit for— the area of the local government for which the local emergency service was established under the repealed Act; or if the local emergency service was established under the repealed Act, section 26(3)—the area of each local government in the combined areas for which the service was established under that Act.\n- (a) the area of the local government for which the local emergency service was established under the repealed Act; or\n- (b) if the local emergency service was established under the repealed Act, section 26(3)—the area of each local government in the combined areas for which the service was established under that Act.","sortOrder":289},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Other transitional provisions","content":"## Other transitional provisions","sortOrder":290},{"sectionNumber":"sec.166","sectionType":"section","heading":"Definitions for sdiv 1","content":"### sec.166 Definitions for sdiv 1\n\nIn this subdivision—\ncommencement means the commencement of this section.\nnew , in relation to a provision, means as in force from the commencement.\nrepealed , in relation to a provision, means as in force immediately before the commencement.\ns 166 prev s 166 exp 31 March 2005 (see s 166(4))\npres s 166 ins 2010 No. 40 s 41\namd 2014 No. 55 s 19","sortOrder":291},{"sectionNumber":"sec.167","sectionType":"section","heading":"Continuance of particular member of State group","content":"### sec.167 Continuance of particular member of State group\n\nThis section applies to a person who, immediately before the commencement, held an appointment as a member of the State group under repealed section 19(1)(c).\nFrom the commencement, the person continues as a member of the group, until the appointment ends under this Act, as if the person had been appointed under new section 19(1)(d).\ns 167 ins 2010 No. 40 s 41\n(sec.167-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as a member of the State group under repealed section 19(1)(c).\n(sec.167-ssec.2) From the commencement, the person continues as a member of the group, until the appointment ends under this Act, as if the person had been appointed under new section 19(1)(d).","sortOrder":292},{"sectionNumber":"sec.168","sectionType":"section","heading":"Deputy chairperson of State group","content":"### sec.168 Deputy chairperson of State group\n\nThis section applies to a person who, immediately before the commencement, held an appointment as deputy chairperson of the State group under repealed section 20(1)(b).\nFrom the commencement, the person continues as deputy chairperson of the group, as if the person had been appointed under new section 20(2), until—\nthe person’s appointment as a member of the group ends under this Act; or\nthe person’s appointment as deputy chairperson ends under section 20(2).\ns 168 ins 2010 No. 40 s 41\n(sec.168-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as deputy chairperson of the State group under repealed section 20(1)(b).\n(sec.168-ssec.2) From the commencement, the person continues as deputy chairperson of the group, as if the person had been appointed under new section 20(2), until— the person’s appointment as a member of the group ends under this Act; or the person’s appointment as deputy chairperson ends under section 20(2).\n- (a) the person’s appointment as a member of the group ends under this Act; or\n- (b) the person’s appointment as deputy chairperson ends under section 20(2).","sortOrder":293},{"sectionNumber":"sec.169","sectionType":"section","heading":"Executive officer of State group","content":"### sec.169 Executive officer of State group\n\nThis section applies to a person who, immediately before the commencement, held an appointment as the executive officer of the State group under repealed section 19(3).\nFrom the commencement, the person continues as executive officer of the State group, as if the person had been appointed under new section 21, until the person’s appointment as executive officer ends under section 21.\ns 169 ins 2010 No. 40 s 41\n(sec.169-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as the executive officer of the State group under repealed section 19(3).\n(sec.169-ssec.2) From the commencement, the person continues as executive officer of the State group, as if the person had been appointed under new section 21, until the person’s appointment as executive officer ends under section 21.","sortOrder":294},{"sectionNumber":"sec.170","sectionType":"section","heading":"District disaster coordinator and chairperson of district group","content":"### sec.170 District disaster coordinator and chairperson of district group\n\nThis section applies to a person who, immediately before the commencement, held an appointment as the district disaster coordinator and chairperson of a district group under repealed section 25.\nFrom the commencement, the person continues as district disaster coordinator and chairperson of the district group, as if the person had been appointed as chairperson under new section 25(1)(a), until—\nthe person’s appointment as a member of the group ends under this Act; or\nthe person’s appointment as chairperson ends under section 25.\ns 170 ins 2010 No. 40 s 41\n(sec.170-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as the district disaster coordinator and chairperson of a district group under repealed section 25.\n(sec.170-ssec.2) From the commencement, the person continues as district disaster coordinator and chairperson of the district group, as if the person had been appointed as chairperson under new section 25(1)(a), until— the person’s appointment as a member of the group ends under this Act; or the person’s appointment as chairperson ends under section 25.\n- (a) the person’s appointment as a member of the group ends under this Act; or\n- (b) the person’s appointment as chairperson ends under section 25.","sortOrder":295},{"sectionNumber":"sec.171","sectionType":"section","heading":"Deputy chairperson of district group","content":"### sec.171 Deputy chairperson of district group\n\nThis section applies to a person who, immediately before the commencement, held an appointment as the deputy chairperson of a district group under repealed section 25.\nFrom the commencement, the person continues as deputy chairperson of the group, as if the person had been appointed under new section 25(1)(b), until—\nthe person’s appointment as a member of the group ends under this Act; or\nthe person’s appointment as deputy chairperson ends under section 25.\ns 171 ins 2010 No. 40 s 41\n(sec.171-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as the deputy chairperson of a district group under repealed section 25.\n(sec.171-ssec.2) From the commencement, the person continues as deputy chairperson of the group, as if the person had been appointed under new section 25(1)(b), until— the person’s appointment as a member of the group ends under this Act; or the person’s appointment as deputy chairperson ends under section 25.\n- (a) the person’s appointment as a member of the group ends under this Act; or\n- (b) the person’s appointment as deputy chairperson ends under section 25.","sortOrder":296},{"sectionNumber":"sec.172","sectionType":"section","heading":"Executive officer of district group","content":"### sec.172 Executive officer of district group\n\nThis section applies to a person who, immediately before the commencement, held an appointment as the executive officer of a district group under section 27(1).\nFrom the commencement, the person continues as executive officer of the district group, as if the person had been appointed under new section 27, until—\nthe person’s appointment as a member of the group ends under this Act; or\nthe person’s appointment as executive officer ends under section 27.\ns 172 ins 2010 No. 40 s 41\n(sec.172-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as the executive officer of a district group under section 27(1).\n(sec.172-ssec.2) From the commencement, the person continues as executive officer of the district group, as if the person had been appointed under new section 27, until— the person’s appointment as a member of the group ends under this Act; or the person’s appointment as executive officer ends under section 27.\n- (a) the person’s appointment as a member of the group ends under this Act; or\n- (b) the person’s appointment as executive officer ends under section 27.","sortOrder":297},{"sectionNumber":"sec.173","sectionType":"section","heading":"SES units","content":"### sec.173 SES units\n\nThis section applies to a group of SES members who, immediately before the commencement, were an SES unit for a local government area.\nFrom the commencement, the group continues as an SES unit for the local government area, as if established under new section 84A, until the unit’s establishment ends under that section.\ns 173 ins 2010 No. 40 s 41\n(sec.173-ssec.1) This section applies to a group of SES members who, immediately before the commencement, were an SES unit for a local government area.\n(sec.173-ssec.2) From the commencement, the group continues as an SES unit for the local government area, as if established under new section 84A, until the unit’s establishment ends under that section.","sortOrder":298},{"sectionNumber":"sec.174","sectionType":"section","heading":"Definitions for sdiv 2","content":"### sec.174 Definitions for sdiv 2\n\nIn this subdivision—\ncontinuing group means—\na district group; or\na temporary district group; or\na local group.\nformer State group means the State Disaster Management Group in existence under section 17 immediately before the commencement.\ns 174 ins 2014 No. 55 s 20\n- (a) a district group; or\n- (b) a temporary district group; or\n- (c) a local group.","sortOrder":299},{"sectionNumber":"sec.175","sectionType":"section","heading":"Dissolution of former State group","content":"### sec.175 Dissolution of former State group\n\nOn the commencement—\nthe former State group is dissolved; and\nthe members, chairperson and deputy chairperson of the former State group go out of office.\ns 175 ins 2014 No. 55 s 20\n- (a) the former State group is dissolved; and\n- (b) the members, chairperson and deputy chairperson of the former State group go out of office.","sortOrder":300},{"sectionNumber":"sec.176","sectionType":"section","heading":"References to former State group","content":"### sec.176 References to former State group\n\nIn an Act or document, a reference to the former State group may, if the context permits, be taken as a reference to the Queensland Disaster Management Committee established under section 17.\ns 176 ins 2014 No. 55 s 20","sortOrder":301},{"sectionNumber":"sec.177","sectionType":"section","heading":"Continuation of State disaster management plan","content":"### sec.177 Continuation of State disaster management plan\n\nThe State disaster management plan in existence immediately before the commencement is taken to have been prepared by the Queensland Disaster Management Committee established under section 17.\ns 177 ins 2014 No. 55 s 20","sortOrder":302},{"sectionNumber":"sec.178","sectionType":"section","heading":"Continuation of State disaster coordinator and State recovery coordinator","content":"### sec.178 Continuation of State disaster coordinator and State recovery coordinator\n\nThis section applies to a person who, immediately before the commencement, was a State disaster coordinator or a State recovery coordinator.\nThe person continues as a State disaster coordinator or State recovery coordinator under this Act.\ns 178 ins 2014 No. 55 s 20\n(sec.178-ssec.1) This section applies to a person who, immediately before the commencement, was a State disaster coordinator or a State recovery coordinator.\n(sec.178-ssec.2) The person continues as a State disaster coordinator or State recovery coordinator under this Act.","sortOrder":303},{"sectionNumber":"sec.179","sectionType":"section","heading":"Continuation of membership of continuing groups","content":"### sec.179 Continuation of membership of continuing groups\n\nA person who, immediately before the commencement, was a member of a continuing group, continues as a member of the group under this Act.\nFor this Act, the person is taken to have been prescribed by regulation to be a member of the group.\ns 179 ins 2014 No. 55 s 20\n(sec.179-ssec.1) A person who, immediately before the commencement, was a member of a continuing group, continues as a member of the group under this Act.\n(sec.179-ssec.2) For this Act, the person is taken to have been prescribed by regulation to be a member of the group.","sortOrder":304},{"sectionNumber":"sec.180","sectionType":"section","heading":"Continuation of chairpersons and deputy chairpersons of continuing groups","content":"### sec.180 Continuation of chairpersons and deputy chairpersons of continuing groups\n\nThis section applies to a person who, immediately before the commencement, was the chairperson or deputy chairperson of a continuing group.\nThe person continues as the chairperson or deputy chairperson of the continuing group under the Act .\nFor this Act, the person is taken to have been prescribed by regulation to be the chairperson or deputy chairperson of the group.\ns 180 ins 2014 No. 55 s 20\n(sec.180-ssec.1) This section applies to a person who, immediately before the commencement, was the chairperson or deputy chairperson of a continuing group.\n(sec.180-ssec.2) The person continues as the chairperson or deputy chairperson of the continuing group under the Act .\n(sec.180-ssec.3) For this Act, the person is taken to have been prescribed by regulation to be the chairperson or deputy chairperson of the group.","sortOrder":305},{"sectionNumber":"sec.181","sectionType":"section","heading":"Notices about deemed approvals for existing development applications","content":"### sec.181 Notices about deemed approvals for existing development applications\n\nThis section applies to an existing development application mentioned in former section 20B(2).\nThe chairperson of the State group may give a written notice under former section 20B(2) for the application as if the amending Act had not been enacted.\nIf, before the commencement, a notice (an existing notice ) was given under former section 20B(2) for the application, the notice continues in effect as if the amending Act had not been enacted.\nFormer section 20B(4) to (6) continues to apply in relation to a notice given under subsection (2) or an existing notice, as if the amending Act had not been enacted.\nIn this section—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nexisting development application means a development application made under the repealed Sustainable Planning Act 2009 , to which the Planning Act 2016 , section 288 applies.\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.\ns 181 ins 2016 No. 27 s 166\n(sec.181-ssec.1) This section applies to an existing development application mentioned in former section 20B(2).\n(sec.181-ssec.2) The chairperson of the State group may give a written notice under former section 20B(2) for the application as if the amending Act had not been enacted.\n(sec.181-ssec.3) If, before the commencement, a notice (an existing notice ) was given under former section 20B(2) for the application, the notice continues in effect as if the amending Act had not been enacted.\n(sec.181-ssec.4) Former section 20B(4) to (6) continues to apply in relation to a notice given under subsection (2) or an existing notice, as if the amending Act had not been enacted.\n(sec.181-ssec.5) In this section— amending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 . existing development application means a development application made under the repealed Sustainable Planning Act 2009 , to which the Planning Act 2016 , section 288 applies. former , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.","sortOrder":306},{"sectionNumber":"sec.182","sectionType":"section","heading":"Notice about deemed approval provision given before commencement","content":"### sec.182 Notice about deemed approval provision given before commencement\n\nThis section applies in relation to any section 20B(2) notice in effect immediately before the commencement.\nThe section 20B(2) notice continues in effect until the end of the stated day for the notice.\nIf, on the commencement, a notice under former section 20B(5) has not been published for the section 20B(2) notice, the chairperson must ensure the following are published on the website of the department in which the Planning Act is administered—\na statement that the section 20B(2) notice has been given to the local government;\na copy of the section 20B(2) notice;\nhow the section 20B(2) notice affects an affected application made to the local government.\nIn this section—\nformer section 20B(5) means section 20B(5) as in force from time to time before the commencement.\nsection 20B(2) notice means a notice given under section 20B(2).\ns 182 ins 2023 No. 7 s 5\n(sec.182-ssec.1) This section applies in relation to any section 20B(2) notice in effect immediately before the commencement.\n(sec.182-ssec.2) The section 20B(2) notice continues in effect until the end of the stated day for the notice.\n(sec.182-ssec.3) If, on the commencement, a notice under former section 20B(5) has not been published for the section 20B(2) notice, the chairperson must ensure the following are published on the website of the department in which the Planning Act is administered— a statement that the section 20B(2) notice has been given to the local government; a copy of the section 20B(2) notice; how the section 20B(2) notice affects an affected application made to the local government.\n(sec.182-ssec.4) In this section— former section 20B(5) means section 20B(5) as in force from time to time before the commencement. section 20B(2) notice means a notice given under section 20B(2).\n- (a) a statement that the section 20B(2) notice has been given to the local government;\n- (b) a copy of the section 20B(2) notice;\n- (c) how the section 20B(2) notice affects an affected application made to the local government.","sortOrder":307},{"sectionNumber":"sec.183","sectionType":"section","heading":"References to State group","content":"### sec.183 References to State group\n\nThis section applies if, in a document, the Queensland Disaster Management Committee is referred to as the State group.\nThe reference to the State group may, if the context permits, be taken to be a reference to the QDMC.\nIn this section—\nQueensland Disaster Management Committee means the entity of that name established under section 17.\ns 183 ins 2024 No. 22 s 14\n(sec.183-ssec.1) This section applies if, in a document, the Queensland Disaster Management Committee is referred to as the State group.\n(sec.183-ssec.2) The reference to the State group may, if the context permits, be taken to be a reference to the QDMC.\n(sec.183-ssec.3) In this section— Queensland Disaster Management Committee means the entity of that name established under section 17.","sortOrder":308}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded considerably beyond its original 2003 intent. It initially focused on disaster management groups, plans, and disaster situation declarations. Subsequent amendments (particularly 2010, 2014, and 2024) added significant new machinery: the Inspector-General of Emergency Management with standard-setting and compliance monitoring powers (2014), the State Disaster Management Group as a new strategic oversight body (2024), the State recovery policy and planning coordinator role (2024), provisions overriding planning law deemed approvals during disasters (2011), and expanded coordination roles separating response and recovery functions. The Act has evolved from a coordination framework into a comprehensive emergency governance system with regulatory oversight, independent review, and intersections with planning, biosecurity, and environmental law."},"complexity_factors":["Multi-tiered governance structure with numerous overlapping bodies (QDMC, SDM Group, district groups, local groups, Inspector-General's Office) each with distinct but interrelated functions","Extensive cross-referencing with other Queensland legislation including the Planning Act 2016, Public Safety Preservation Act 1986, Police Powers and Responsibilities Act 2000, Biosecurity Act 2014, Environmental Protection Act 1994, and Queensland Reconstruction Authority Act 2011","Multiple roles with similar-sounding titles (State disaster coordinator, State recovery coordinator, State recovery policy and planning coordinator, district disaster coordinator, local disaster coordinator) requiring careful distinction","Significant amendments over time (2010, 2011, 2014, 2022, 2023, 2024) that have added entire new divisions and restructured roles, creating layered complexity","Interaction between declared disaster powers and the ordinary operation of other legislative schemes, with carve-outs for police and anti-terrorism powers","Detailed provisions about planning law deemed approvals (s20B) that require understanding of the Planning Act 2016 framework to interpret fully","Broad and flexible definitions (e.g., 'event', 'disaster') combined with regulation-dependent membership structures that require reading subordinate legislation alongside the Act","Provisions binding the Commonwealth and other States to the extent permitted by parliamentary power — a constitutional complexity"],"plain_english_summary":"## What is this law?\n\nThe **Disaster Management Act 2003** is a Queensland law that sets up the entire framework for how the State prepares for, responds to, and recovers from disasters and emergencies. Think of it as the rulebook for managing everything from floods and cyclones to chemical spills, epidemics, and attacks on the State.\n\n## Who does it affect?\n\nPractically **everyone in Queensland** is touched by this law — residents, businesses, local councils, state government agencies, emergency services (police, fire, ambulance), and volunteers. It even attempts to bind the Commonwealth and other States.\n\n## What does it actually do?\n\n### 🏗️ Sets up a chain of command\nThe law creates a tiered system of disaster management groups:\n- **QDMC (Queensland Disaster Management Committee)** — the top-level body providing state-wide strategic leadership\n- **State Disaster Management Group (SDM Group)** — a newer body (added 2024) providing strategic oversight and advice to the QDMC\n- **District Disaster Management Groups** — one for each disaster district across Queensland\n- **Local Disaster Management Groups** — one for every local council area\n\nIn a crisis, the buck largely starts at the **local council level** — councils are primarily responsible for managing events in their area. District and state groups step in to support and resource them.\n\n### 🔍 Creates an independent watchdog\nThe **Office of the Inspector-General of Emergency Management** was added in 2014. The Inspector-General:\n- Reviews whether disaster management is actually working at all levels\n- Sets mandatory **disaster management standards** (rules for how agencies must handle disasters)\n- Monitors government department compliance\n- Can request information from government agencies\n- Reports to the Minister\n\n### 📋 Requires disaster plans at every level\nState, district, and local plans must be prepared and regularly reviewed.\n\n### 🚨 Allows declaration of a 'disaster situation'\nWhen a disaster is declared, special emergency powers kick in. Senior officials can direct how other laws (like environmental or biosecurity laws) are applied — for example, delaying normal regulatory enforcement while the crisis is managed. However, police powers and anti-terrorism powers are **excluded** from this override.\n\n### 🏗️ Planning law protections\nDuring a declared disaster, normal **planning approval timelines** (where a development application is automatically approved if not decided in time — called a 'deemed approval') can be paused so overwhelmed councils aren't forced into approving applications.\n\n### ⚠️ What this law does NOT cover\nThe Act explicitly **cannot** be used to:\n- Conduct armed combat\n- Put down riots or civil unrest\n- End strikes or industrial action\n\n### 📐 The four phases\nAll disaster management must address **Prevention → Preparation → Response → Recovery**, with community resilience as a guiding thread throughout.\n\n## Why does it matter to you?\n\nIf you live in Queensland, this law determines:\n- Whether your local council has a plan if a flood or cyclone hits your area\n- Who is in charge and what powers they have during a declared emergency\n- Whether emergency services have the training and resources to help you\n- How quickly your community recovers, with what government coordination and support"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has significantly expanded from its original 2003 focus on establishing disaster management groups and plans. Amendments have added an independent Inspector-General of Emergency Management (2014), a State Disaster Management Group (2024), state recovery policy and planning coordinator roles, temporary district groups, powers to suspend deemed approvals under planning laws, and expanded authorisation for rescue powers. The original scope was narrower; the Act now covers oversight, long-term recovery planning, and broader intervention powers during disasters."},"complexity_factors":["Extensive use of defined terms with a dictionary schedule","Multiple tiers of disaster management groups with overlapping functions","Detailed procedures for declaring, extending, and ending disaster situations (including oral declarations and gazette notices)","Cross-references to other Acts (e.g., Planning Act, Public Safety Preservation Act, Biosecurity Act)","Conditional powers subject to approvals and consultations","Nested exceptions and qualifications (e.g., limits on power exercise, conditions on authorisations)","Extensive amendment history with repealed and inserted sections","Transitional provisions spanning multiple amendments"],"plain_english_summary":"This Act sets up Queensland's official system for managing disasters such as cyclones, floods, fires, pandemics, or terrorist attacks. It creates a hierarchy of disaster management groups: the Queensland Disaster Management Committee (QDMC) at the state level, district groups for each disaster district, and local groups for each local government area. These groups are required to prepare and regularly review disaster management plans covering prevention, preparation, response, and recovery. The Act also provides for declaring a 'disaster situation' when necessary, which gives special powers to district disaster coordinators and 'declared disaster officers' (including police, ambulance, fire, and health officers) to control movement, evacuate people, seize or destroy property, shut off utilities, and enter premises without a warrant. An independent Office of the Inspector-General of Emergency Management reviews the effectiveness of the system. Local governments must maintain a disaster response capability and approve local plans. The Act includes offences for obstructing officers or failing to comply with lawful directions, and allows for compensation when property is damaged through the exercise of powers (but not if the loss is insured or would have happened anyway). Importantly, the Act does not authorise armed combat, putting down riots, or ending strikes."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.16J(1)(b)","severity":"medium","reasoning":"Section 16J(1)(b) states that the office of inspector-general becomes vacant during a period of suspension under subsection (4). However, suspension is explicitly distinguished from removal and is designed as a temporary measure pending investigation. Treating a suspension as a vacancy is logically incoherent: the officeholder has not left office, yet the office is deemed vacant. This forces appointment of an acting inspector-general (under s.16L) to oversee the very investigation that concerns the suspended incumbent, creating a structurally absurd situation where the office is both occupied (the suspended person retains the title) and vacant simultaneously.","confidence":0.78,"description":"Suspension creates a vacancy, but a vacancy triggers the need for an acting appointment — yet the very act of suspension that creates the 'vacancy' is itself a lesser measure than removal, implying the office is simultaneously vacant and not vacant."},{"type":"self_contradicting","section":"sec.9(3) and sec.9(4)","severity":"medium","reasoning":"Section 9(2) permits directions about 'circumstances in which a power may be exercised.' Section 9(3) prohibits directions about 'the way in which the power may be exercised.' However, the examples in s.9(4) — directing an authorised person to 'delay exercising particular powers' — are directions about timing, which is a manner/way of exercising a power. Telling someone they cannot yet exercise a power is functionally directing the way and timing of its exercise, contradicting the prohibition in s.9(3).","confidence":0.72,"description":"The chairperson can direct WHEN a power is exercised but explicitly cannot direct HOW it is exercised — yet delaying exercise of a power (subsection 4 examples) is itself a direction about the manner/way of exercising the power, not merely the circumstances."},{"type":"other","section":"sec.9(6) and sec.9(7)","severity":"low","reasoning":"Section 9(6) imposes a mandatory duty ('must take reasonable steps to consult') before giving a direction. Section 9(7) then nullifies that duty by providing that failure to consult does not affect validity. A mandatory obligation with no consequence for breach — and an explicit savings provision — is functionally no obligation at all. The 'must' in s.9(6) is illusory.","confidence":0.85,"description":"The requirement to consult before giving a direction is rendered entirely meaningless by the explicit provision that failure to consult does not affect the direction's validity."},{"type":"circular_definition","section":"sec.16C(k) and sec.16C(l)","severity":"low","reasoning":"Paragraph (k) is a meta-function that exists to support all other listed functions. Paragraph (l) makes incidental functions of everything in (a)-(k), including (k) itself. This means the office has an incidental function to make inquiries about making inquiries, and an incidental function to perform incidental functions, producing a potentially circular and infinite set of implied functions.","confidence":0.65,"description":"The office has a function to 'make all necessary inquiries to fulfil the functions mentioned in this section' (para (k)), and a function to perform functions 'incidental to' functions (a) to (k) (para (l)). Para (l) is incidental to para (k), which is itself instrumental to all other functions — creating an infinite regress of incidental functions about making inquiries about functions."},{"type":"other","section":"sec.16Q(2)","severity":"low","reasoning":"Section 16Q(1) requires the delegate to be 'appropriately qualified.' Section 16Q(2) allows a delegation to 'permit the subdelegation of the function' with no stated qualification requirement for subdelegates. This creates a loophole where critical disaster management functions could be subdelegated to unqualified persons, undermining the safeguard in subsection (1).","confidence":0.7,"description":"The inspector-general can permit subdelegation of any delegated function, meaning a function can be subdelegated to a person with no stated qualification requirement, despite the initial delegation requiring the delegate to be 'appropriately qualified'."},{"type":"other","section":"sec.4A(b)","severity":"low","reasoning":"Prevention (s.4A(a)(i)) is aimed at reducing the likelihood of an event occurring in the first place. Resilience improvement is about coping capacity after or during a disaster. Requiring resilience consideration during prevention planning presupposes the event will occur, which is precisely what prevention seeks to avoid. While not strictly impossible, the logical tension is real.","confidence":0.55,"description":"Section 4A(b) requires consideration of improving community resilience 'in all 4 phases of disaster management planning under paragraph (a)' — but one of those phases is 'prevention,' which by definition occurs before a disaster. It is logically strained to improve resilience to a disaster that has not occurred and that prevention is aimed at avoiding altogether."},{"type":"self_contradicting","section":"sec.16F and sec.16H(1)(b)","severity":"medium","reasoning":"Section 16F explicitly removes the inspector-general from the Public Sector Act 2022 regime. Section 16H(1)(b) then requires the inspector-general to manage staff in accordance with the Public Sector Act 2022. This creates an anomaly: the inspector-general is exempt from that Act for their own employment but must apply it when managing others. While potentially intentional, the juxtaposition creates a logical inconsistency about the Act's application to the inspector-general.","confidence":0.68,"description":"The inspector-general is explicitly employed 'under this Act and not the Public Sector Act 2022' (s.16F), yet is required to manage office staff 'in accordance with the requirements of this Act and the Public Sector Act 2022' (s.16H(1)(b))."},{"type":"other","section":"sec.16N and sec.16C(d)/(e)","severity":"medium","reasoning":"The inspector-general creates disaster management standards and is also responsible for reviewing and assessing the effectiveness of those same standards. This is a structural self-audit arrangement with no independent reviewer. While not logically impossible, it undermines the integrity of the review function and creates an obvious conflict of interest that borders on institutional absurdity.","confidence":0.75,"description":"The inspector-general both makes disaster management standards (s.16C(d), s.16N) and regularly reviews and assesses those same standards (s.16C(e)) — effectively self-auditing their own legislative output with no independent check."}],"contradictions":[{"severity":"medium","section_a":"sec.4A(d)","section_b":"sec.9(2) and sec.28A","confidence":0.65,"description":"Section 4A(d) states local governments should 'primarily be responsible for managing events in their local government area,' but multiple provisions allow State-level actors to override or supplant local management during disaster situations."},{"severity":"low","section_a":"sec.5(1)","section_b":"sec.5(2)","confidence":0.6,"description":"Section 5(1) states the Act binds all persons including the State, but section 5(2) carves out that the State is not liable for offences. If the Act truly binds the State as it does all persons, exempting the State from offence liability creates a two-tiered binding that undermines the universality claimed in subsection (1)."},{"severity":"medium","section_a":"sec.16J(1)(a)(i)","section_b":"sec.16J(4)","confidence":0.62,"description":"Resignation requires at least 1 month's notice (s.16J(1)(a)(i)), but suspension for up to 60 days (s.16J(4)) can effectively freeze the resignation process — a suspended inspector-general may be unable to give or have their notice accepted during a suspension that itself may exceed the notice period, creating an impossible compliance scenario regarding when the vacancy formally arises."},{"severity":"low","section_a":"sec.21B(1)","section_b":"sec.21B(4)","confidence":0.58,"description":"Section 21B(1) states the chairperson 'must' appoint one of two categories of persons as State disaster coordinator, but s.21B(4) imposes an additional prerequisite — satisfaction of necessary expertise — only for non-deputy commissioner appointments. This creates an asymmetry where deputy commissioners are presumed qualified by role, potentially allowing unqualified deputies to be appointed without the expertise check that applies to all other candidates."},{"severity":"low","section_a":"sec.18(j)","section_b":"sec.18(i)","confidence":0.55,"description":"Section 18(j) provides for functions 'incidental to a function mentioned in paragraphs (a) to (h)' but paragraph (i) — which grants functions under 'this or another Act' — is excluded from the incidental functions provision. This means functions granted under other Acts cannot have incidental functions performed in support, potentially limiting the QDMC's operational flexibility in ways that contradict the broad mandate of paragraph (i)."},{"severity":"medium","section_a":"sec.16A(b)","section_b":"sec.16C(a) and sec.16C(f)","confidence":0.67,"description":"The police commissioner has a function to ensure disaster operations are consistent with the State disaster management plan (s.16A(b)), while the inspector-general has functions to review and assess the effectiveness of that same plan (s.16C(a)) and report on performance against disaster management standards (s.16C(f)). The inspector-general's office can assess standards that the police commissioner is obliged to comply with, but the office has no direct enforcement power over the police commissioner, creating a supervisory structure without teeth."},{"severity":"high","section_a":"sec.9(2)","section_b":"sec.9(8)","confidence":0.73,"description":"Section 9(2) grants broad power to give directions about powers under 'another Act' during a disaster situation, but section 9(8) carves out the Police Powers and Responsibilities Act 2000 and terrorist/CBR powers. During a terrorist attack (which is an 'attack against the State' and thus an 'event' under s.16), police powers most critical to disaster response are immune from coordination directions, potentially undermining unified command during the most severe disaster scenarios."}]},"kimi_summary":{"_metrics":{"completionTokens":806},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2003 framework. Major additions include: the Office of the Inspector-General of Emergency Management (2014) with standard-setting and review functions; the State Disaster Management Group (2024) creating a separate operational oversight body alongside the strategic QDMC; dedicated State recovery policy and planning coordinator role (2024); and increasingly detailed provisions for recovery operations. The 2024 amendments also added specific limitations on deemed development approvals during disasters. What began as primarily a response-focused framework has become a comprehensive four-phase (prevention, preparation, response, recovery) management system with substantial accountability mechanisms."},"complexity_factors":["Multiple overlapping management groups (QDMC, State Disaster Management Group, district groups, local groups, temporary groups) with interrelated functions","Extensive cross-referencing between Parts — for example, disaster situation declarations in Part 4 trigger powers in Part 9 and offences in Part 10","Numerous defined terms including 'disaster', 'event', 'disaster operations', 'disaster management', and 'serious disruption' with specific statutory meanings","Conditional powers that vary based on authorisation type — declared disaster officers have different limits than district disaster coordinators","Complex temporal provisions for disaster situations: 14-day default duration with multiple extension mechanisms (regulation up to 14 days, Minister/Premier declaration up to 7 days, non-consecutive)","Nested sub-delegation chains — the Minister delegates to police commissioner, who delegates to others; chairperson delegates to members; coordinators delegate to 'appropriately qualified persons'","Multiple transitional provisions preserving appointments and declarations from predecessor legislation (State Counter-Disaster Organisation Act 1975) and earlier versions of this Act","Interaction with at least 10 other Acts including Planning Act 2016, Public Safety Preservation Act 1986, Police Powers and Responsibilities Act 2000, Biosecurity Act 2014, and Environmental Protection Act 1994"],"plain_english_summary":"This is Queensland's main law for managing disasters and emergencies. It sets up a three-tier system of disaster management groups: the **Queensland Disaster Management Committee (QDMC)** at the state level, **district groups** for each disaster district, and **local groups** for each local government area.\n\n**What the Act does:**\n- **Prevents and prepares** for disasters through planning across four phases: prevention, preparation, response, and recovery\n- **Responds to disasters** by allowing the declaration of a \"disaster situation\" — this triggers special emergency powers\n- **Coordinates recovery** through dedicated recovery coordinators and policies\n- **Oversees performance** through the **Office of the Inspector-General of Emergency Management**, which reviews effectiveness and sets standards\n\n**Key powers during a disaster situation:**\n- District disaster coordinators and authorised officers can evacuate people, control movement, enter properties without warrants, shut off utilities, demolish buildings, and requisition property\n- Police, fire, ambulance and health officers can be authorised to exercise these powers\n- These powers last up to 14 days (extendable) and are subject to conditions\n\n**Who it affects:**\n- All Queenslanders — the Act binds everyone including the State government\n- Local governments must maintain disaster response capabilities and prepare local plans\n- Emergency services personnel and other authorised officers\n\n**Important limits:**\n- The Act **cannot** be used for armed combat, riot control, or ending strikes\n- Police powers and counter-terrorism powers under other laws are not affected\n- People can claim compensation for loss or damage caused by authorised actions\n\nThe Act was substantially amended in 2010, 2014, and 2024 to add the Inspector-General's office, clarify recovery functions, and establish a separate State Disaster Management Group for operational oversight."}},"importantCases":[],"_links":{"self":"/api/acts/disaster-management-act-2003","history":"/api/acts/disaster-management-act-2003/history","analysis":"/api/acts/disaster-management-act-2003/analysis","conflicts":"/api/acts/disaster-management-act-2003/conflicts","importantCases":"/api/acts/disaster-management-act-2003/important-cases","documents":"/api/acts/disaster-management-act-2003/documents"}}