{"id":"qld:act-2024-019","name":"State Emergency Service Act 2024","slug":"state-emergency-service-act-2024","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"19 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174703,"registerId":"qld-qld:act-2024-019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the State Emergency Service Act 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to establish the State Emergency Service to provide—\nemergency services in the State; and\nother related services to government entities and the community.\n(sec.3-ssec) The main purpose of this Act is to establish the State Emergency Service to provide— emergency services in the State; and other related services to government entities and the community.\n- (a) emergency services in the State; and\n- (b) other related services to government entities and the community.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the Commonwealth or a State can not be prosecuted for an offence against this Act.\n(sec.4-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"State Emergency Service","content":"# State Emergency Service","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment, functions, powers and membership","content":"## Establishment, functions, powers and membership","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Establishment of SES","content":"### sec.6 Establishment of SES\n\nThe State Emergency Service (the SES ) is established.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Functions and powers","content":"### sec.7 Functions and powers\n\nThe functions of the SES are—\nto perform rescue or similar operations in an emergency situation, including—\nhelping injured persons; and\nprotecting persons, property or the environment from danger or potential danger associated with the situation; and\noperations for rescuing persons from road crashes\noperations for vertical rescues\noperations requested by another entity providing emergency services in an emergency situation\nto perform search operations in an emergency or similar situation; and\na search, whether carried out by land, air or water for a missing person\na search to find a weapon used in the commission of an alleged offence\nto perform activities in response to a severe weather event; and\nto perform other activities to help communities or other entities prepare for, respond to, recover from and enhance resilience to, an event or a disaster; and\nto perform activities to raise the profile of the SES or raise funds to support the SES in the performance of its other functions; and\nto provide services, and give help reasonably requested, in an emergency or another situation, as required of a member of the SES under any Act or law or the reasonable expectations of the community; and\nhelping to manage pedestrian or vehicular traffic at a community event\nto perform any other functions given to the SES under this Act or another Act.\nThe SES has power to do anything necessary or convenient to be done for the performance of its functions.\n(sec.7-ssec.1) The functions of the SES are— to perform rescue or similar operations in an emergency situation, including— helping injured persons; and protecting persons, property or the environment from danger or potential danger associated with the situation; and operations for rescuing persons from road crashes operations for vertical rescues operations requested by another entity providing emergency services in an emergency situation to perform search operations in an emergency or similar situation; and a search, whether carried out by land, air or water for a missing person a search to find a weapon used in the commission of an alleged offence to perform activities in response to a severe weather event; and to perform other activities to help communities or other entities prepare for, respond to, recover from and enhance resilience to, an event or a disaster; and to perform activities to raise the profile of the SES or raise funds to support the SES in the performance of its other functions; and to provide services, and give help reasonably requested, in an emergency or another situation, as required of a member of the SES under any Act or law or the reasonable expectations of the community; and helping to manage pedestrian or vehicular traffic at a community event to perform any other functions given to the SES under this Act or another Act.\n(sec.7-ssec.2) The SES has power to do anything necessary or convenient to be done for the performance of its functions.\n- (a) to perform rescue or similar operations in an emergency situation, including— (i) helping injured persons; and (ii) protecting persons, property or the environment from danger or potential danger associated with the situation; and Examples of rescue or similar operations in an emergency situation— • operations for rescuing persons from road crashes • operations for vertical rescues • operations requested by another entity providing emergency services in an emergency situation\n- (i) helping injured persons; and\n- (ii) protecting persons, property or the environment from danger or potential danger associated with the situation; and\n- • operations for rescuing persons from road crashes\n- • operations for vertical rescues\n- • operations requested by another entity providing emergency services in an emergency situation\n- (b) to perform search operations in an emergency or similar situation; and Examples of search operations in situations similar to an emergency situation— • a search, whether carried out by land, air or water for a missing person • a search to find a weapon used in the commission of an alleged offence\n- • a search, whether carried out by land, air or water for a missing person\n- • a search to find a weapon used in the commission of an alleged offence\n- (c) to perform activities in response to a severe weather event; and\n- (d) to perform other activities to help communities or other entities prepare for, respond to, recover from and enhance resilience to, an event or a disaster; and\n- (e) to perform activities to raise the profile of the SES or raise funds to support the SES in the performance of its other functions; and\n- (f) to provide services, and give help reasonably requested, in an emergency or another situation, as required of a member of the SES under any Act or law or the reasonable expectations of the community; and Example of providing a service for paragraph (g) — helping to manage pedestrian or vehicular traffic at a community event\n- (g) to perform any other functions given to the SES under this Act or another Act.\n- (i) helping injured persons; and\n- (ii) protecting persons, property or the environment from danger or potential danger associated with the situation; and\n- • operations for rescuing persons from road crashes\n- • operations for vertical rescues\n- • operations requested by another entity providing emergency services in an emergency situation\n- • a search, whether carried out by land, air or water for a missing person\n- • a search to find a weapon used in the commission of an alleged offence","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Membership","content":"### sec.8 Membership\n\nThe SES consists of the following persons—\nthe SES chief officer;\nSES employees;\nSES volunteers.\nA person mentioned in subsection (1) (a) , (b) or (c) is an SES member .\n(sec.8-ssec.1) The SES consists of the following persons— the SES chief officer; SES employees; SES volunteers.\n(sec.8-ssec.2) A person mentioned in subsection (1) (a) , (b) or (c) is an SES member .\n- (a) the SES chief officer;\n- (b) SES employees;\n- (c) SES volunteers.","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions of commissioner and related matters","content":"## Functions of commissioner and related matters","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Functions","content":"### sec.9 Functions\n\nThe commissioner’s functions relating to the SES are—\nthe establishment of SES units and the designation of areas for SES units; and\nthe appointment of persons as SES chief officer, local controllers, SES commanders and other SES members; and\nthe establishment of management and support services for the SES; and\nthe development of policies to help the SES perform its functions effectively and efficiently including, for example, policies about training SES members; and\nthe giving of directions and guidance to the SES chief officer, local controllers, SES commanders and SES members; and\nthe performance of any other function relating to the SES that is given to the commissioner under this Act or another Act.\n(sec.9-ssec) The commissioner’s functions relating to the SES are— the establishment of SES units and the designation of areas for SES units; and the appointment of persons as SES chief officer, local controllers, SES commanders and other SES members; and the establishment of management and support services for the SES; and the development of policies to help the SES perform its functions effectively and efficiently including, for example, policies about training SES members; and the giving of directions and guidance to the SES chief officer, local controllers, SES commanders and SES members; and the performance of any other function relating to the SES that is given to the commissioner under this Act or another Act.\n- (a) the establishment of SES units and the designation of areas for SES units; and\n- (b) the appointment of persons as SES chief officer, local controllers, SES commanders and other SES members; and\n- (c) the establishment of management and support services for the SES; and\n- (d) the development of policies to help the SES perform its functions effectively and efficiently including, for example, policies about training SES members; and\n- (e) the giving of directions and guidance to the SES chief officer, local controllers, SES commanders and SES members; and\n- (f) the performance of any other function relating to the SES that is given to the commissioner under this Act or another Act.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Commissioner may make code of practice","content":"### sec.10 Commissioner may make code of practice\n\nThe commissioner may make a code of practice about any of the following—\nthe conduct or practice of SES members;\nthe operation of SES units, to provide guidance to SES members;\nanother matter the commissioner considers appropriate for the effective performance of the functions of—\nSES members; or\nSES units.\nThe commissioner must, as soon as practicable after making a code of practice—\ngive a copy of the code to each SES unit; and\npublish the code on the department’s website.\nTo remove any doubt, it is declared that a code of practice issued by the commissioner under this section is a statutory instrument.\n(sec.10-ssec.1) The commissioner may make a code of practice about any of the following— the conduct or practice of SES members; the operation of SES units, to provide guidance to SES members; another matter the commissioner considers appropriate for the effective performance of the functions of— SES members; or SES units.\n(sec.10-ssec.2) The commissioner must, as soon as practicable after making a code of practice— give a copy of the code to each SES unit; and publish the code on the department’s website.\n(sec.10-ssec.3) To remove any doubt, it is declared that a code of practice issued by the commissioner under this section is a statutory instrument.\n- (a) the conduct or practice of SES members;\n- (b) the operation of SES units, to provide guidance to SES members;\n- (c) another matter the commissioner considers appropriate for the effective performance of the functions of— (i) SES members; or (ii) SES units.\n- (i) SES members; or\n- (ii) SES units.\n- (i) SES members; or\n- (ii) SES units.\n- (a) give a copy of the code to each SES unit; and\n- (b) publish the code on the department’s website.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Agreements between commissioner and local government about SES and SES employees","content":"### sec.11 Agreements between commissioner and local government about SES and SES employees\n\nThe commissioner may enter into an agreement with a local government about—\nthe responsibilities of each party in relation to the SES in the local government’s area; or\nthe performance of SES functions by persons employed by the local government.\n- (a) the responsibilities of each party in relation to the SES in the local government’s area; or\n- (b) the performance of SES functions by persons employed by the local government.","sortOrder":14},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"SES members","content":"## SES members","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Appointment of SES chief officer","content":"### sec.12 Appointment of SES chief officer\n\nThere is to be an SES chief officer for the SES.\nThe commissioner may appoint a person to be the SES chief officer only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of the SES chief officer effectively and efficiently.\nThe SES chief officer is to be employed under the Public Sector Act 2022 .\n(sec.12-ssec.1) There is to be an SES chief officer for the SES.\n(sec.12-ssec.2) The commissioner may appoint a person to be the SES chief officer only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of the SES chief officer effectively and efficiently.\n(sec.12-ssec.3) The SES chief officer is to be employed under the Public Sector Act 2022 .","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Functions and powers","content":"### sec.13 Functions and powers\n\nThe SES chief officer has the following functions—\nto manage the SES in a way that ensures the SES operates effectively and efficiently;\nto comply with any direction given by the commissioner that is relevant to—\nthe functions of the SES chief officer or the SES; or\nSES members;\nto perform any other function relating to the SES given to the SES chief officer under this Act or another Act.\nThe SES chief officer has power to do anything necessary or convenient to be done for the performance of the SES chief officer’s functions.\n(sec.13-ssec.1) The SES chief officer has the following functions— to manage the SES in a way that ensures the SES operates effectively and efficiently; to comply with any direction given by the commissioner that is relevant to— the functions of the SES chief officer or the SES; or SES members; to perform any other function relating to the SES given to the SES chief officer under this Act or another Act.\n(sec.13-ssec.2) The SES chief officer has power to do anything necessary or convenient to be done for the performance of the SES chief officer’s functions.\n- (a) to manage the SES in a way that ensures the SES operates effectively and efficiently;\n- (b) to comply with any direction given by the commissioner that is relevant to— (i) the functions of the SES chief officer or the SES; or (ii) SES members;\n- (i) the functions of the SES chief officer or the SES; or\n- (ii) SES members;\n- (c) to perform any other function relating to the SES given to the SES chief officer under this Act or another Act.\n- (i) the functions of the SES chief officer or the SES; or\n- (ii) SES members;","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Acting SES chief officer","content":"### sec.14 Acting SES chief officer\n\nThe commissioner may appoint a person to act as the SES chief officer—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the SES chief officer is absent from duty or is, for another reason, unable to perform the duties of the office.\nA person can not be appointed to act as the SES chief officer unless the commissioner could have appointed the person as the SES chief officer under section 12 (2) .\n(sec.14-ssec.1) The commissioner may appoint a person to act as the SES chief officer— during a vacancy in the office; or during any period, or during all periods, when the SES chief officer is absent from duty or is, for another reason, unable to perform the duties of the office.\n(sec.14-ssec.2) A person can not be appointed to act as the SES chief officer unless the commissioner could have appointed the person as the SES chief officer under section 12 (2) .\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the SES chief officer is absent from duty or is, for another reason, unable to perform the duties of the office.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Delegations","content":"### sec.15 Delegations\n\nThe SES chief officer may delegate the SES chief officer’s functions and powers under this Act to another SES member who is appropriately qualified.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Appointment of other SES members","content":"### sec.16 Appointment of other SES members\n\nThe commissioner may appoint a person as a member of the SES, other than the SES chief officer.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Functions and powers of other SES members","content":"### sec.17 Functions and powers of other SES members\n\nAn SES member appointed under section 16 has the following functions—\nto perform an SES function in a way that helps ensure the SES operates effectively and efficiently;\nto comply with any direction given by the commissioner or the SES chief officer that is relevant to—\nSES functions; or\nSES members;\nto perform any other function relating to the SES given to the SES member under this Act or another Act.\nSubject to part 3 , division 2 , an SES member has power to do anything necessary or convenient to be done for the performance of the SES member’s functions.\n(sec.17-ssec.1) An SES member appointed under section 16 has the following functions— to perform an SES function in a way that helps ensure the SES operates effectively and efficiently; to comply with any direction given by the commissioner or the SES chief officer that is relevant to— SES functions; or SES members; to perform any other function relating to the SES given to the SES member under this Act or another Act.\n(sec.17-ssec.2) Subject to part 3 , division 2 , an SES member has power to do anything necessary or convenient to be done for the performance of the SES member’s functions.\n- (a) to perform an SES function in a way that helps ensure the SES operates effectively and efficiently;\n- (b) to comply with any direction given by the commissioner or the SES chief officer that is relevant to— (i) SES functions; or (ii) SES members;\n- (i) SES functions; or\n- (ii) SES members;\n- (c) to perform any other function relating to the SES given to the SES member under this Act or another Act.\n- (i) SES functions; or\n- (ii) SES members;","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"SES employees","content":"### sec.18 SES employees\n\nAn SES member appointed under section 16 may perform an SES function as an employee of—\nthe State under the Public Sector Act 2022 ; or\nthe Brisbane City Council under the City of Brisbane Act 2010 ; or\nanother local government under the Local Government Act 2009 .\nAn SES member who performs an SES function as an employee under subsection (1) is an SES employee .\n(sec.18-ssec.1) An SES member appointed under section 16 may perform an SES function as an employee of— the State under the Public Sector Act 2022 ; or the Brisbane City Council under the City of Brisbane Act 2010 ; or another local government under the Local Government Act 2009 .\n(sec.18-ssec.2) An SES member who performs an SES function as an employee under subsection (1) is an SES employee .\n- (a) the State under the Public Sector Act 2022 ; or\n- (b) the Brisbane City Council under the City of Brisbane Act 2010 ; or\n- (c) another local government under the Local Government Act 2009 .","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"SES volunteers","content":"### sec.19 SES volunteers\n\nAn SES member appointed under section 16 may perform an SES function as a volunteer.\nAn SES member who performs an SES function as a volunteer under subsection (1) is an SES volunteer .\n(sec.19-ssec.1) An SES member appointed under section 16 may perform an SES function as a volunteer.\n(sec.19-ssec.2) An SES member who performs an SES function as a volunteer under subsection (1) is an SES volunteer .","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Commissioner to insure SES volunteers","content":"### sec.20 Commissioner to insure SES volunteers\n\nThe commissioner must enter into a contract of insurance with WorkCover or another entity to insure SES volunteers.\nThe contract of insurance must cover an SES volunteer while the person is—\nperforming a function relating to the SES in their capacity as an SES member; or\ninvolved in another activity, including training, related to the carrying out of a function of the SES or disaster operations under the Disaster Management Act 2003 .\nIn this section—\nWorkCover means WorkCover Queensland established under the Workers’ Compensation and Rehabilitation Act 2003 .\n(sec.20-ssec.1) The commissioner must enter into a contract of insurance with WorkCover or another entity to insure SES volunteers.\n(sec.20-ssec.2) The contract of insurance must cover an SES volunteer while the person is— performing a function relating to the SES in their capacity as an SES member; or involved in another activity, including training, related to the carrying out of a function of the SES or disaster operations under the Disaster Management Act 2003 .\n(sec.20-ssec.3) In this section— WorkCover means WorkCover Queensland established under the Workers’ Compensation and Rehabilitation Act 2003 .\n- (a) performing a function relating to the SES in their capacity as an SES member; or\n- (b) involved in another activity, including training, related to the carrying out of a function of the SES or disaster operations under the Disaster Management Act 2003 .","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Suspension of SES local government employee or SES volunteer","content":"### sec.21 Suspension of SES local government employee or SES volunteer\n\nThis section applies in relation to a person who is—\nan SES employee performing an SES function as an employee of a local government; or\nan SES volunteer.\nThe commissioner may, by notice to the person, suspend the person from duty as an SES member if the commissioner reasonably believes—\nthe person would, if the person were an employee under the Public Sector Act 2022 , be liable to be disciplined under a disciplinary law within the meaning of that Act; or\nthe proper and efficient management of the SES might be prejudiced if the person is not suspended.\nHowever, before suspending the person, the commissioner must consider all reasonable alternative actions available to the commissioner in relation to the person.\nassigning alternative duties\nchanging the location where the person performs duties\nmaking another alternative arrangement about how the person may continue to participate in the SES\nThe notice must state when the suspension starts and ends.\nThe commissioner may, by notice to the person, extend or further extend the period of suspension before the period ends if the commissioner reasonably believes the circumstances mentioned in subsection (2) (a) or (b) still exist.\nThe commissioner must ensure the matter is investigated promptly to ensure the timely resolution of the suspension.\nThe commissioner may cancel the suspension at any time.\n(sec.21-ssec.1) This section applies in relation to a person who is— an SES employee performing an SES function as an employee of a local government; or an SES volunteer.\n(sec.21-ssec.2) The commissioner may, by notice to the person, suspend the person from duty as an SES member if the commissioner reasonably believes— the person would, if the person were an employee under the Public Sector Act 2022 , be liable to be disciplined under a disciplinary law within the meaning of that Act; or the proper and efficient management of the SES might be prejudiced if the person is not suspended.\n(sec.21-ssec.3) However, before suspending the person, the commissioner must consider all reasonable alternative actions available to the commissioner in relation to the person. assigning alternative duties changing the location where the person performs duties making another alternative arrangement about how the person may continue to participate in the SES\n(sec.21-ssec.4) The notice must state when the suspension starts and ends.\n(sec.21-ssec.5) The commissioner may, by notice to the person, extend or further extend the period of suspension before the period ends if the commissioner reasonably believes the circumstances mentioned in subsection (2) (a) or (b) still exist.\n(sec.21-ssec.6) The commissioner must ensure the matter is investigated promptly to ensure the timely resolution of the suspension.\n(sec.21-ssec.7) The commissioner may cancel the suspension at any time.\n- (a) an SES employee performing an SES function as an employee of a local government; or\n- (b) an SES volunteer.\n- (a) the person would, if the person were an employee under the Public Sector Act 2022 , be liable to be disciplined under a disciplinary law within the meaning of that Act; or\n- (b) the proper and efficient management of the SES might be prejudiced if the person is not suspended.\n- • assigning alternative duties\n- • changing the location where the person performs duties\n- • making another alternative arrangement about how the person may continue to participate in the SES","sortOrder":25},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Arrangements for police officers","content":"## Arrangements for police officers","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Secondment of police officers","content":"### sec.22 Secondment of police officers\n\nThe SES chief officer may arrange with the commissioner for the services of police officers to be made available to the SES.\nThe arrangement is not effective unless it has been approved by the Minister.\nA police officer whose services are seconded to the SES under this section—\nis subject to the direction and control of the SES chief officer in relation to the performance of SES functions; but\ncontinues to be a police officer for all purposes and to have the functions and powers of a police officer without being limited to the performance of SES functions.\n(sec.22-ssec.1) The SES chief officer may arrange with the commissioner for the services of police officers to be made available to the SES.\n(sec.22-ssec.2) The arrangement is not effective unless it has been approved by the Minister.\n(sec.22-ssec.3) A police officer whose services are seconded to the SES under this section— is subject to the direction and control of the SES chief officer in relation to the performance of SES functions; but continues to be a police officer for all purposes and to have the functions and powers of a police officer without being limited to the performance of SES functions.\n- (a) is subject to the direction and control of the SES chief officer in relation to the performance of SES functions; but\n- (b) continues to be a police officer for all purposes and to have the functions and powers of a police officer without being limited to the performance of SES functions.","sortOrder":27},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"SES units, local controllers and SES commanders","content":"## SES units, local controllers and SES commanders","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Establishment of SES units","content":"### sec.23 Establishment of SES units\n\nThe commissioner may, by notice published on the department’s website or the SES’s website, establish an SES unit for a local government area if—\nthe commissioner is satisfied it is necessary or desirable to establish an SES unit to perform an SES function in the local government area; and\nthe local government for the local government area agrees to the establishment of an SES unit for the local government area.\nIn considering whether it is necessary or desirable to establish an SES unit for a local government area, the commissioner must have regard to—\nthe needs of the community in the local government area; and\nwhether establishing the unit would—\nrepresent an appropriate distribution of the capability of SES members and assets available to the SES for the State; and\nprovide the SES with the capability to perform SES functions commensurate with the costs and risks associated with the establishment of the unit for the local government area; and\nwhether sufficient volunteers are likely to be available to ensure the unit is sustainable; and\nwhether the unit can appropriately maintain the equipment necessary for the unit to perform SES functions.\nAlso, before establishing an SES unit for a local government area, the commissioner must consult with any entity the commissioner considers represents the local community for the local government area.\n(sec.23-ssec.1) The commissioner may, by notice published on the department’s website or the SES’s website, establish an SES unit for a local government area if— the commissioner is satisfied it is necessary or desirable to establish an SES unit to perform an SES function in the local government area; and the local government for the local government area agrees to the establishment of an SES unit for the local government area.\n(sec.23-ssec.2) In considering whether it is necessary or desirable to establish an SES unit for a local government area, the commissioner must have regard to— the needs of the community in the local government area; and whether establishing the unit would— represent an appropriate distribution of the capability of SES members and assets available to the SES for the State; and provide the SES with the capability to perform SES functions commensurate with the costs and risks associated with the establishment of the unit for the local government area; and whether sufficient volunteers are likely to be available to ensure the unit is sustainable; and whether the unit can appropriately maintain the equipment necessary for the unit to perform SES functions.\n(sec.23-ssec.3) Also, before establishing an SES unit for a local government area, the commissioner must consult with any entity the commissioner considers represents the local community for the local government area.\n- (a) the commissioner is satisfied it is necessary or desirable to establish an SES unit to perform an SES function in the local government area; and\n- (b) the local government for the local government area agrees to the establishment of an SES unit for the local government area.\n- (a) the needs of the community in the local government area; and\n- (b) whether establishing the unit would— (i) represent an appropriate distribution of the capability of SES members and assets available to the SES for the State; and (ii) provide the SES with the capability to perform SES functions commensurate with the costs and risks associated with the establishment of the unit for the local government area; and\n- (i) represent an appropriate distribution of the capability of SES members and assets available to the SES for the State; and\n- (ii) provide the SES with the capability to perform SES functions commensurate with the costs and risks associated with the establishment of the unit for the local government area; and\n- (c) whether sufficient volunteers are likely to be available to ensure the unit is sustainable; and\n- (d) whether the unit can appropriately maintain the equipment necessary for the unit to perform SES functions.\n- (i) represent an appropriate distribution of the capability of SES members and assets available to the SES for the State; and\n- (ii) provide the SES with the capability to perform SES functions commensurate with the costs and risks associated with the establishment of the unit for the local government area; and","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Local controller of SES unit","content":"### sec.24 Local controller of SES unit\n\nFor each SES unit, the commissioner must appoint an SES member to be the local controller of the unit.\nThe appointment must be made by notice given to the SES member.\nThe commissioner may appoint an SES member as the local controller for an SES unit for a local government area only if—\nthe local government for the local government area has nominated the member for appointment as the local controller; and\nthe commissioner is satisfied the member has the necessary expertise or experience to perform the functions of a local controller.\nA local controller holds office on any conditions the commissioner considers appropriate and stated in the notice given to the controller.\n(sec.24-ssec.1) For each SES unit, the commissioner must appoint an SES member to be the local controller of the unit.\n(sec.24-ssec.2) The appointment must be made by notice given to the SES member.\n(sec.24-ssec.3) The commissioner may appoint an SES member as the local controller for an SES unit for a local government area only if— the local government for the local government area has nominated the member for appointment as the local controller; and the commissioner is satisfied the member has the necessary expertise or experience to perform the functions of a local controller.\n(sec.24-ssec.4) A local controller holds office on any conditions the commissioner considers appropriate and stated in the notice given to the controller.\n- (a) the local government for the local government area has nominated the member for appointment as the local controller; and\n- (b) the commissioner is satisfied the member has the necessary expertise or experience to perform the functions of a local controller.","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Functions of local controller","content":"### sec.25 Functions of local controller\n\nThe local controller for an SES unit is responsible for maintaining the operational effectiveness of the unit by ensuring—\nthe SES members in the unit have the necessary skills to perform their roles in the unit competently; and\nthe unit’s equipment is maintained in an appropriate condition; and\nthe unit performs its functions and other activities in a way that is consistent with departmental policies about the performance of an SES unit’s functions and other activities; and\nthe unit performs its functions in compliance with—\nthis Act and any other applicable Act or law; and\nany operational permits and approvals applying to an SES unit; and\nthe SES members in the unit comply with any direction given by the commissioner, the SES chief officer or an SES commander.\nIn performing the functions under subsection (1) , the local controller must give effect to any direction given by the commissioner or the SES chief officer.\nA local controller of an SES unit may delegate the local controller’s functions under this section to another SES member.\n(sec.25-ssec.1) The local controller for an SES unit is responsible for maintaining the operational effectiveness of the unit by ensuring— the SES members in the unit have the necessary skills to perform their roles in the unit competently; and the unit’s equipment is maintained in an appropriate condition; and the unit performs its functions and other activities in a way that is consistent with departmental policies about the performance of an SES unit’s functions and other activities; and the unit performs its functions in compliance with— this Act and any other applicable Act or law; and any operational permits and approvals applying to an SES unit; and the SES members in the unit comply with any direction given by the commissioner, the SES chief officer or an SES commander.\n(sec.25-ssec.2) In performing the functions under subsection (1) , the local controller must give effect to any direction given by the commissioner or the SES chief officer.\n(sec.25-ssec.3) A local controller of an SES unit may delegate the local controller’s functions under this section to another SES member.\n- (a) the SES members in the unit have the necessary skills to perform their roles in the unit competently; and\n- (b) the unit’s equipment is maintained in an appropriate condition; and\n- (c) the unit performs its functions and other activities in a way that is consistent with departmental policies about the performance of an SES unit’s functions and other activities; and\n- (d) the unit performs its functions in compliance with— (i) this Act and any other applicable Act or law; and (ii) any operational permits and approvals applying to an SES unit; and\n- (i) this Act and any other applicable Act or law; and\n- (ii) any operational permits and approvals applying to an SES unit; and\n- (e) the SES members in the unit comply with any direction given by the commissioner, the SES chief officer or an SES commander.\n- (i) this Act and any other applicable Act or law; and\n- (ii) any operational permits and approvals applying to an SES unit; and","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"SES commanders","content":"### sec.26 SES commanders\n\nThe commissioner may, by notice to a person, appoint the person as an SES commander for a group of SES units to coordinate the performance of SES functions by the group.\nThe commissioner may appoint a person as an SES commander only if—\nthe person is an SES member; and\nthe commissioner is satisfied the member is appropriately qualified to perform the functions of an SES commander.\nAn SES commander holds office on any conditions the commissioner considers appropriate and stated in the notice given to the commander.\nThe commissioner must advise the chairperson of each relevant local group and the relevant district disaster coordinator that an SES commander has been appointed.\nThe commissioner may terminate the appointment of an SES commander for a group of SES units if the commissioner considers it is no longer necessary for an SES commander to be appointed for the group.\nThe commissioner must advise the chairperson of each relevant local group and the relevant district disaster coordinator of the termination.\nIn this section—\nchairperson , of a local group, has the meaning given by the Disaster Management Act 2003 .\ndisaster district has the meaning given by the Disaster Management Act 2003 .\ndistrict disaster coordinator has the meaning given by the Disaster Management Act 2003 .\nlocal group has the meaning given by the Disaster Management Act 2003 .\nrelevant district disaster coordinator means the district disaster coordinator for a disaster district whose area includes the local government area for an SES unit in the group of SES units.\nrelevant local group means the local group for the local government area for an SES unit in the group of SES units.\n(sec.26-ssec.1) The commissioner may, by notice to a person, appoint the person as an SES commander for a group of SES units to coordinate the performance of SES functions by the group.\n(sec.26-ssec.2) The commissioner may appoint a person as an SES commander only if— the person is an SES member; and the commissioner is satisfied the member is appropriately qualified to perform the functions of an SES commander.\n(sec.26-ssec.3) An SES commander holds office on any conditions the commissioner considers appropriate and stated in the notice given to the commander.\n(sec.26-ssec.4) The commissioner must advise the chairperson of each relevant local group and the relevant district disaster coordinator that an SES commander has been appointed.\n(sec.26-ssec.5) The commissioner may terminate the appointment of an SES commander for a group of SES units if the commissioner considers it is no longer necessary for an SES commander to be appointed for the group.\n(sec.26-ssec.6) The commissioner must advise the chairperson of each relevant local group and the relevant district disaster coordinator of the termination.\n(sec.26-ssec.7) In this section— chairperson , of a local group, has the meaning given by the Disaster Management Act 2003 . disaster district has the meaning given by the Disaster Management Act 2003 . district disaster coordinator has the meaning given by the Disaster Management Act 2003 . local group has the meaning given by the Disaster Management Act 2003 . relevant district disaster coordinator means the district disaster coordinator for a disaster district whose area includes the local government area for an SES unit in the group of SES units. relevant local group means the local group for the local government area for an SES unit in the group of SES units.\n- (a) the person is an SES member; and\n- (b) the commissioner is satisfied the member is appropriately qualified to perform the functions of an SES commander.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Functions of SES commanders","content":"### sec.27 Functions of SES commanders\n\nAn SES commander for a group of SES units for local government areas has the following functions—\nto coordinate the performance of SES functions in the local government areas when resources of the SES from outside the local government areas are made available to the group;\nto provide advice to local controllers of the SES units about—\nSES functions; and\nmanaging the safety and fatigue of the members of the SES units; and\nlogistical and financial matters;\nto perform other functions agreed between the SES commander and the local disaster coordinator for the relevant local group;\nto give effect to any direction given by the commissioner or SES chief officer.\nIn performing the SES commander’s functions, the commander must have regard to—\nthe advice of the local disaster coordinator for a relevant local group; and\nany applicable disaster management plans.\nIn this section—\ndisaster management plan has the meaning given by the Disaster Management Act 2003 .\nlocal disaster coordinator has the meaning given by the Disaster Management Act 2003 .\nlocal group has the meaning given by the Disaster Management Act 2003 .\nrelevant local group means the local group for the local government area for an SES unit in the group of SES units.\n(sec.27-ssec.1) An SES commander for a group of SES units for local government areas has the following functions— to coordinate the performance of SES functions in the local government areas when resources of the SES from outside the local government areas are made available to the group; to provide advice to local controllers of the SES units about— SES functions; and managing the safety and fatigue of the members of the SES units; and logistical and financial matters; to perform other functions agreed between the SES commander and the local disaster coordinator for the relevant local group; to give effect to any direction given by the commissioner or SES chief officer.\n(sec.27-ssec.2) In performing the SES commander’s functions, the commander must have regard to— the advice of the local disaster coordinator for a relevant local group; and any applicable disaster management plans.\n(sec.27-ssec.3) In this section— disaster management plan has the meaning given by the Disaster Management Act 2003 . local disaster coordinator has the meaning given by the Disaster Management Act 2003 . local group has the meaning given by the Disaster Management Act 2003 . relevant local group means the local group for the local government area for an SES unit in the group of SES units.\n- (a) to coordinate the performance of SES functions in the local government areas when resources of the SES from outside the local government areas are made available to the group;\n- (b) to provide advice to local controllers of the SES units about— (i) SES functions; and (ii) managing the safety and fatigue of the members of the SES units; and (iii) logistical and financial matters;\n- (i) SES functions; and\n- (ii) managing the safety and fatigue of the members of the SES units; and\n- (iii) logistical and financial matters;\n- (c) to perform other functions agreed between the SES commander and the local disaster coordinator for the relevant local group;\n- (d) to give effect to any direction given by the commissioner or SES chief officer.\n- (i) SES functions; and\n- (ii) managing the safety and fatigue of the members of the SES units; and\n- (iii) logistical and financial matters;\n- (a) the advice of the local disaster coordinator for a relevant local group; and\n- (b) any applicable disaster management plans.","sortOrder":33},{"sectionNumber":"pt.3","sectionType":"part","heading":"Authorised rescue officers","content":"# Authorised rescue officers","sortOrder":34},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Appointment","content":"### sec.28 Appointment\n\nThe commissioner may appoint any of the following persons as an authorised rescue officer—\nan SES member;\na person who performs a function similar to an emergency-related SES function under a law of another State or country;\na member of a class of persons prescribed by a regulation.\nHowever, the commissioner may appoint a person as an authorised rescue officer only if satisfied the person has the necessary expertise or experience to be an authorised rescue officer.\n(sec.28-ssec.1) The commissioner may appoint any of the following persons as an authorised rescue officer— an SES member; a person who performs a function similar to an emergency-related SES function under a law of another State or country; a member of a class of persons prescribed by a regulation.\n(sec.28-ssec.2) However, the commissioner may appoint a person as an authorised rescue officer only if satisfied the person has the necessary expertise or experience to be an authorised rescue officer.\n- (a) an SES member;\n- (b) a person who performs a function similar to an emergency-related SES function under a law of another State or country;\n- (c) a member of a class of persons prescribed by a regulation.","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.29 Appointment conditions and limit on powers\n\nAn authorised rescue officer holds office on any conditions stated in—\nthe officer’s instrument of appointment; or\na signed notice given to the officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the officer or a regulation may limit the officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the commissioner.\n(sec.29-ssec.1) An authorised rescue officer holds office on any conditions stated in— the officer’s instrument of appointment; or a signed notice given to the officer; or a regulation.\n(sec.29-ssec.2) The instrument of appointment, a signed notice given to the officer or a regulation may limit the officer’s powers under this Act.\n(sec.29-ssec.3) In this section— signed notice means a notice signed by the commissioner.\n- (a) the officer’s instrument of appointment; or\n- (b) a signed notice given to the officer; or\n- (c) a regulation.","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Resignation","content":"### sec.30 Resignation\n\nAn authorised rescue officer may resign by signed notice given to the commissioner.","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Issue of identity card","content":"### sec.31 Issue of identity card\n\nThe commissioner must issue an identity card to each authorised rescue officer.\nThe identity card must—\ncontain a recent photo of the officer; and\nidentify the person as an authorised rescue officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.31-ssec.1) The commissioner must issue an identity card to each authorised rescue officer.\n(sec.31-ssec.2) The identity card must— contain a recent photo of the officer; and identify the person as an authorised rescue officer under this Act; and state an expiry date for the card.\n(sec.31-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the officer; and\n- (b) identify the person as an authorised rescue officer under this Act; and\n- (c) state an expiry date for the card.","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Production or display of identity card","content":"### sec.32 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person in the person’s presence, an authorised rescue officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when the officer is exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised rescue officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.32-ssec.1) In exercising a power under this Act in relation to a person in the person’s presence, an authorised rescue officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when the officer is exercising the power.\n(sec.32-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised rescue officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when the officer is exercising the power.","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Return of identity card","content":"### sec.33 Return of identity card\n\nA person who stops being an authorised rescue officer must return the person’s identity card to the commissioner within 21 days after the person stops being an authorised rescue officer, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":41},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Powers of authorised rescue officers","content":"## Powers of authorised rescue officers","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Exercise of powers subject to direction of SES member","content":"### sec.34 Exercise of powers subject to direction of SES member\n\nThis section applies to an authorised rescue officer who is not an SES member.\nIn exercising a power under this division, the officer is subject to the directions of an authorised rescue officer who is an SES member.\n(sec.34-ssec.1) This section applies to an authorised rescue officer who is not an SES member.\n(sec.34-ssec.2) In exercising a power under this division, the officer is subject to the directions of an authorised rescue officer who is an SES member.","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Powers for performing emergency-related SES function","content":"### sec.35 Powers for performing emergency-related SES function\n\nThis section applies to an authorised rescue officer for performing an emergency-related SES function.\nThe authorised rescue officer may take reasonable steps to protect—\na person who is trapped, or endangered in another way, in a place; or\nthe officer or another person from danger, potential danger or assault.\nWithout limiting subsection (2) , each of the following is a reasonable step—\nentering a place under section 36 ;\nsearching any part of a place;\nopening a container or other thing;\nremoving any thing from a place;\ndestroying or damaging premises, a vehicle, container or other thing;\ntaking into or onto a place the equipment, persons or materials the authorised rescue officer reasonably requires to exercise a power under this section;\ngiving a person a direction to leave, or not to enter, an area in or near a place if the authorised rescue officer reasonably considers the direction is necessary to protect a person’s life or health;\nmaking a requirement of a person at or near a place to give the authorised rescue officer reasonable help to exercise the officer’s powers under paragraphs (a) to (f) .\nWhen giving a direction or making a requirement mentioned in subsection (3) (g) or (h) , the authorised rescue 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 the offence of failing to comply with a direction given under subsection (3) (g) , see section 39 .\nFor the offence of failing to comply with a requirement made under subsection (3) (h) , see section 40 .\n(sec.35-ssec.1) This section applies to an authorised rescue officer for performing an emergency-related SES function.\n(sec.35-ssec.2) The authorised rescue officer may take reasonable steps to protect— a person who is trapped, or endangered in another way, in a place; or the officer or another person from danger, potential danger or assault.\n(sec.35-ssec.3) Without limiting subsection (2) , each of the following is a reasonable step— entering a place under section 36 ; searching any part of a place; opening a container or other thing; removing any thing from a place; destroying or damaging premises, a vehicle, container or other thing; taking into or onto a place the equipment, persons or materials the authorised rescue officer reasonably requires to exercise a power under this section; giving a person a direction to leave, or not to enter, an area in or near a place if the authorised rescue officer reasonably considers the direction is necessary to protect a person’s life or health; making a requirement of a person at or near a place to give the authorised rescue officer reasonable help to exercise the officer’s powers under paragraphs (a) to (f) .\n(sec.35-ssec.4) When giving a direction or making a requirement mentioned in subsection (3) (g) or (h) , the authorised rescue 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 the offence of failing to comply with a direction given under subsection (3) (g) , see section 39 . For the offence of failing to comply with a requirement made under subsection (3) (h) , see section 40 .\n- (a) a person who is trapped, or endangered in another way, in a place; or\n- (b) the officer or another person from danger, potential danger or assault.\n- (a) entering a place under section 36 ;\n- (b) searching any part of a place;\n- (c) opening a container or other thing;\n- (d) removing any thing from a place;\n- (e) destroying or damaging premises, a vehicle, container or other thing;\n- (f) taking into or onto a place the equipment, persons or materials the authorised rescue officer reasonably requires to exercise a power under this section;\n- (g) giving a person a direction to leave, or not to enter, an area in or near a place if the authorised rescue officer reasonably considers the direction is necessary to protect a person’s life or health;\n- (h) making a requirement of a person at or near a place to give the authorised rescue officer reasonable help to exercise the officer’s powers under paragraphs (a) to (f) .\n- 1 For the offence of failing to comply with a direction given under subsection (3) (g) , see section 39 .\n- 2 For the offence of failing to comply with a requirement made under subsection (3) (h) , see section 40 .","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Power of entry","content":"### sec.36 Power of entry\n\nAn authorised rescue officer may enter a place without a warrant or the consent of the owner or occupier of the place to perform an emergency-related SES function.\nHowever, if the occupier is present at the place, the authorised rescue officer must do, or make a reasonable attempt to do, the following things before entering the place—\ntell the occupier the purpose of the entry;\nseek the consent of the occupier to the entry;\ntell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.\nSubsection (2) does not require the authorised rescue officer to take a step the officer reasonably believes may frustrate or otherwise hinder the officer’s ability to give the protection mentioned in section 35 (2) .\nIn this section—\noccupier , of a place, includes the following—\nif there is more than 1 person who apparently occupies the place—any 1 of the persons;\nany person at the place who is apparently acting with the authority of a person who apparently occupies the place;\nif no-one apparently occupies the place—any person who is an owner of the place.\n(sec.36-ssec.1) An authorised rescue officer may enter a place without a warrant or the consent of the owner or occupier of the place to perform an emergency-related SES function.\n(sec.36-ssec.2) However, if the occupier is present at the place, the authorised rescue officer must do, or make a reasonable attempt to do, the following things before entering the place— tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.\n(sec.36-ssec.3) Subsection (2) does not require the authorised rescue officer to take a step the officer reasonably believes may frustrate or otherwise hinder the officer’s ability to give the protection mentioned in section 35 (2) .\n(sec.36-ssec.4) In this section— occupier , of a place, includes the following— if there is more than 1 person who apparently occupies the place—any 1 of the persons; any person at the place who is apparently acting with the authority of a person who apparently occupies the place; if no-one apparently occupies the place—any person who is an owner of the place.\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 officer is permitted under this Act to enter the place without the occupier’s consent.\n- (a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;\n- (b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;\n- (c) if no-one apparently occupies the place—any person who is an owner of the place.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Power to use force","content":"### sec.37 Power to use force\n\nIt is lawful for an authorised rescue officer to use reasonably necessary force when performing or attempting to perform an SES function.\nThis section does not apply to the use of force against an individual.\n(sec.37-ssec.1) It is lawful for an authorised rescue officer to use reasonably necessary force when performing or attempting to perform an SES function.\n(sec.37-ssec.2) This section does not apply to the use of force against an individual.","sortOrder":46},{"sectionNumber":"pt.4","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Offence to assault or obstruct official","content":"### sec.38 Offence to assault or obstruct official\n\nA person must not, unless the person has a reasonable excuse—\nassault an official performing an SES function; or\nobstruct an official performing an SES function.\nMaximum penalty—100 penalty units or 6 months imprisonment.\nIf a person has obstructed an official and the official decides to proceed with the performance of the function, the official must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe official considers the person’s conduct an obstruction.\nIn this section—\nassault has the meaning given by the Criminal Code , section 245 .\nobstruct includes hinder, resist, attempt to obstruct and threaten to obstruct.\nofficial means—\nan SES member; or\nan authorised rescue officer.\n(sec.38-ssec.1) A person must not, unless the person has a reasonable excuse— assault an official performing an SES function; or obstruct an official performing an SES function. Maximum penalty—100 penalty units or 6 months imprisonment.\n(sec.38-ssec.2) If a person has obstructed an official and the official decides to proceed with the performance of the function, the official must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the official considers the person’s conduct an obstruction.\n(sec.38-ssec.3) In this section— assault has the meaning given by the Criminal Code , section 245 . obstruct includes hinder, resist, attempt to obstruct and threaten to obstruct. official means— an SES member; or an authorised rescue officer.\n- (a) assault an official performing an SES function; or\n- (b) obstruct an official performing an SES function.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the official considers the person’s conduct an obstruction.\n- (a) an SES member; or\n- (b) an authorised rescue officer.","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Failure to comply with direction of authorised rescue officer","content":"### sec.39 Failure to comply with direction of authorised rescue officer\n\nA person must not fail to comply with a direction given by an authorised rescue officer under section 35 (3) (g) , unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units or 6 months imprisonment.","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Failure to comply with requirement to give authorised rescue officer reasonable help","content":"### sec.40 Failure to comply with requirement to give authorised rescue officer reasonable help\n\nA person of whom a requirement is made by an authorised rescue officer under section 35 (3) (h) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":50},{"sectionNumber":"sec.41","sectionType":"section","heading":"Impersonating SES member or authorised rescue officer","content":"### sec.41 Impersonating SES member or authorised rescue officer\n\nA person must not impersonate an SES member or an authorised rescue officer.\nMaximum penalty—100 penalty units.","sortOrder":51},{"sectionNumber":"sec.42","sectionType":"section","heading":"Unauthorised use of confidential information","content":"### sec.42 Unauthorised use of confidential information\n\nThis section applies to a person who—\nis or has been—\nan SES member or authorised rescue officer performing functions under or relating to the administration of this Act; or\nanother individual engaged to perform functions under or relating to the administration of this Act; or\nan individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\nin that capacity, acquired confidential information or has access to, or custody of, confidential information.\nThis section also applies to a person who has acquired or has access to confidential information—\nwhether directly or indirectly, from a person mentioned in subsection (1) ; or\nas authorised under an Act, another law or an arrangement with the police service.\nThe person must not use the confidential information other than under this section.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nThe person may use the confidential information—\nto the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or\nwith the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nif the use is otherwise required or permitted under another law.\nIn this section—\nconfidential information —\nmeans personal information about an individual or other information of a confidential nature; but\ndoes not include—\ninformation that is publicly available; or\nstatistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\npersonal information see the Information Privacy Act 2009 , section 12 .\nuse , in relation to information, includes the following—\ndisclose;\ngive;\ngive access to;\nmake available;\npublish;\nrecord.\n(sec.42-ssec.1) This section applies to a person who— is or has been— an SES member or authorised rescue officer performing functions under or relating to the administration of this Act; or another individual engaged to perform functions under or relating to the administration of this Act; or an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and in that capacity, acquired confidential information or has access to, or custody of, confidential information.\n(sec.42-ssec.2) This section also applies to a person who has acquired or has access to confidential information— whether directly or indirectly, from a person mentioned in subsection (1) ; or as authorised under an Act, another law or an arrangement with the police service.\n(sec.42-ssec.3) The person must not use the confidential information other than under this section. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.42-ssec.4) The person may use the confidential information— to the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or with the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or if the use is otherwise required or permitted under another law.\n(sec.42-ssec.5) In this section— confidential information — means personal information about an individual or other information of a confidential nature; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. personal information see the Information Privacy Act 2009 , section 12 . use , in relation to information, includes the following— disclose; give; give access to; make available; publish; record.\n- (a) is or has been— (i) an SES member or authorised rescue officer performing functions under or relating to the administration of this Act; or (ii) another individual engaged to perform functions under or relating to the administration of this Act; or (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\n- (i) an SES member or authorised rescue officer performing functions under or relating to the administration of this Act; or\n- (ii) another individual engaged to perform functions under or relating to the administration of this Act; or\n- (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\n- (b) in that capacity, acquired confidential information or has access to, or custody of, confidential information.\n- (i) an SES member or authorised rescue officer performing functions under or relating to the administration of this Act; or\n- (ii) another individual engaged to perform functions under or relating to the administration of this Act; or\n- (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\n- (a) whether directly or indirectly, from a person mentioned in subsection (1) ; or\n- (b) as authorised under an Act, another law or an arrangement with the police service.\n- (a) to the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or\n- (b) with the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) if the use is otherwise required or permitted under another law.\n- (a) means personal information about an individual or other information of a confidential nature; but\n- (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (a) disclose;\n- (b) give;\n- (c) give access to;\n- (d) make available;\n- (e) publish;\n- (f) record.","sortOrder":52},{"sectionNumber":"sec.43","sectionType":"section","heading":"Using restricted expressions etc.","content":"### sec.43 Using restricted expressions etc.\n\nA person must not, unless the person has a reasonable excuse—\nuse a restricted expression without the commissioner’s written approval or authority—\nin, or as, the name of a business carried on by the person; or\nto advertise or otherwise promote goods or services provided by the person; or\nto raise funds, whether for the SES or another entity; or\nuse the expression ‘State Emergency Service’ or ‘SES’, or a similar expression, in a way that suggests the person is an SES member if the person is not an SES member.\nMaximum penalty—40 penalty units.\nIn this section—\nrestricted expression means any of the following expressions—\n‘State Emergency Service’;\n‘SES’;\nanother expression that includes an expression mentioned in paragraph (a) or (b) .\n(sec.43-ssec.1) A person must not, unless the person has a reasonable excuse— use a restricted expression without the commissioner’s written approval or authority— in, or as, the name of a business carried on by the person; or to advertise or otherwise promote goods or services provided by the person; or to raise funds, whether for the SES or another entity; or use the expression ‘State Emergency Service’ or ‘SES’, or a similar expression, in a way that suggests the person is an SES member if the person is not an SES member. Maximum penalty—40 penalty units.\n(sec.43-ssec.2) In this section— restricted expression means any of the following expressions— ‘State Emergency Service’; ‘SES’; another expression that includes an expression mentioned in paragraph (a) or (b) .\n- (a) use a restricted expression without the commissioner’s written approval or authority— (i) in, or as, the name of a business carried on by the person; or (ii) to advertise or otherwise promote goods or services provided by the person; or (iii) to raise funds, whether for the SES or another entity; or\n- (i) in, or as, the name of a business carried on by the person; or\n- (ii) to advertise or otherwise promote goods or services provided by the person; or\n- (iii) to raise funds, whether for the SES or another entity; or\n- (b) use the expression ‘State Emergency Service’ or ‘SES’, or a similar expression, in a way that suggests the person is an SES member if the person is not an SES member.\n- (i) in, or as, the name of a business carried on by the person; or\n- (ii) to advertise or otherwise promote goods or services provided by the person; or\n- (iii) to raise funds, whether for the SES or another entity; or\n- (a) ‘State Emergency Service’;\n- (b) ‘SES’;\n- (c) another expression that includes an expression mentioned in paragraph (a) or (b) .","sortOrder":53},{"sectionNumber":"sec.44","sectionType":"section","heading":"Warning device or light on SES vehicle","content":"### sec.44 Warning device or light on SES vehicle\n\nA person, other than an SES member, must not activate a warning device or warning light fitted to an SES vehicle unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nAn SES member may activate a warning device or warning light fitted to an SES vehicle only if—\nthe member activates the warning device or warning light to perform an SES function; and\nthe member considers it necessary to activate the warning device or warning light to ensure a person’s safety.\nMaximum penalty—40 penalty units.\n(sec.44-ssec.1) A person, other than an SES member, must not activate a warning device or warning light fitted to an SES vehicle unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.44-ssec.2) An SES member may activate a warning device or warning light fitted to an SES vehicle only if— the member activates the warning device or warning light to perform an SES function; and the member considers it necessary to activate the warning device or warning light to ensure a person’s safety. Maximum penalty—40 penalty units.\n- (a) the member activates the warning device or warning light to perform an SES function; and\n- (b) the member considers it necessary to activate the warning device or warning light to ensure a person’s safety.","sortOrder":54},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"Protection from liability","content":"### sec.45 Protection from liability\n\nCivil liability does not attach to any of the following entities because of an act done, or omission made, honestly and without negligence by the entity under this Act—\nthe State;\na local government;\nthe Minister;\nan SES member;\nan authorised rescue officer;\na person helping an authorised rescue officer under section 35 (3) (h) .\n(sec.45-ssec) Civil liability does not attach to any of the following entities because of an act done, or omission made, honestly and without negligence by the entity under this Act— the State; a local government; the Minister; an SES member; an authorised rescue officer; a person helping an authorised rescue officer under section 35 (3) (h) .\n- (a) the State;\n- (b) a local government;\n- (c) the Minister;\n- (d) an SES member;\n- (e) an authorised rescue officer;\n- (f) a person helping an authorised rescue officer under section 35 (3) (h) .","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Appointments and authority","content":"### sec.46 Appointments and authority\n\nIn a proceeding under or in relation to this Act, the following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of each of the following—\nthe SES chief officer;\na local controller of an SES unit;\nan SES commander;\nanother SES member;\nan authorised rescue officer;\nthe power of a person mentioned in paragraph (a) to do anything under this Act.\n- (a) the appointment of each of the following— (i) the SES chief officer; (ii) a local controller of an SES unit; (iii) an SES commander; (iv) another SES member; (v) an authorised rescue officer;\n- (i) the SES chief officer;\n- (ii) a local controller of an SES unit;\n- (iii) an SES commander;\n- (iv) another SES member;\n- (v) an authorised rescue officer;\n- (b) the power of a person mentioned in paragraph (a) to do anything under this Act.\n- (i) the SES chief officer;\n- (ii) a local controller of an SES unit;\n- (iii) an SES commander;\n- (iv) another SES member;\n- (v) an authorised rescue officer;","sortOrder":57},{"sectionNumber":"sec.47","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.47 Other evidentiary aids\n\nA certificate purporting to be signed by the commissioner stating any of the following matters is evidence of the matter—\na stated document is an appointment, approval, authorisation, decision, direction, notice or requirement given or made under this Act;\na stated document is a copy of, or an extract from or part of, a document mentioned in paragraph (a) ;\nthat, on a stated day—\na stated person was given a stated decision, direction or notice under this Act; or\na stated requirement under this Act was made of a stated person.\n(sec.47-ssec) A certificate purporting to be signed by the commissioner stating any of the following matters is evidence of the matter— a stated document is an appointment, approval, authorisation, decision, direction, notice or requirement given or made under this Act; a stated document is a copy of, or an extract from or part of, a document mentioned in paragraph (a) ; that, on a stated day— a stated person was given a stated decision, direction or notice under this Act; or a stated requirement under this Act was made of a stated person.\n- (a) a stated document is an appointment, approval, authorisation, decision, direction, notice or requirement given or made under this Act;\n- (b) a stated document is a copy of, or an extract from or part of, a document mentioned in paragraph (a) ;\n- (c) that, on a stated day— (i) a stated person was given a stated decision, direction or notice under this Act; or (ii) a stated requirement under this Act was made of a stated person.\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person.\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person.","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":"Exemption from toll","content":"### sec.48 Exemption from toll\n\nThis section applies if—\nan SES member is travelling in an SES vehicle in the person’s capacity as an SES member; and\nthe SES vehicle is fitted with a warning device or warning light that is activated.\nThe SES member is exempt from payment of a toll for the use by the member and the SES vehicle of a road, bridge or ferry.\n(sec.48-ssec.1) This section applies if— an SES member is travelling in an SES vehicle in the person’s capacity as an SES member; and the SES vehicle is fitted with a warning device or warning light that is activated.\n(sec.48-ssec.2) The SES member is exempt from payment of a toll for the use by the member and the SES vehicle of a road, bridge or ferry.\n- (a) an SES member is travelling in an SES vehicle in the person’s capacity as an SES member; and\n- (b) the SES vehicle is fitted with a warning device or warning light that is activated.","sortOrder":59},{"sectionNumber":"sec.49","sectionType":"section","heading":"Regulation-making power","content":"### sec.49 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\n(sec.49-ssec) The Governor in Council may make regulations under this Act.","sortOrder":60},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional and validation provisions","content":"# Transitional and validation provisions","sortOrder":61},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Transitional provisions for Emergency Services Reform Amendment Act 2024","content":"## Transitional provisions for Emergency Services Reform Amendment Act 2024","sortOrder":62},{"sectionNumber":"sec.50","sectionType":"section","heading":"Definitions for division","content":"### sec.50 Definitions for division\n\nIn this division—\nformer , in relation to a provision, means the provision as in force from time to time before the commencement.\nformer SES means the State Emergency Service established under the Fire and Emergency Services Act 1990 , former section 129.\ns 50 amd 2025 No. 11 s 22","sortOrder":63},{"sectionNumber":"sec.51","sectionType":"section","heading":"Appointment of former SES member as new SES member","content":"### sec.51 Appointment of former SES member as new SES member\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 as a member of the SES under section 16.\n(sec.51-ssec.1) This section applies to a person who, immediately before the commencement, was a member of the former SES.\n(sec.51-ssec.2) On the commencement, the person is taken to be appointed as a member of the SES under section 16.","sortOrder":64},{"sectionNumber":"sec.52","sectionType":"section","heading":"Continuation of former SES unit as new SES unit and appointment of local controller as new local controller","content":"### sec.52 Continuation of former SES unit as new SES unit and appointment of local controller as new local controller\n\nThis section applies if a former SES unit—\nwas established before the commencement; and\nwas in existence immediately before the commencement.\nOn the commencement, the former SES unit is taken to be established as an SES unit under section 23.\nSubsection (4) applies if—\na former local controller was appointed for the former SES unit before the commencement; and\nthe appointment was in effect immediately before the commencement.\nOn the commencement, the former local controller is taken to be appointed as the local controller for the SES unit under section 24.\nIn this section—\nformer local controller means a local controller appointed under the Fire and Emergency Services Act 1990 , former section 134.\nformer SES unit means an SES unit established under the Fire and Emergency Services Act 1990 , former section 133.\n(sec.52-ssec.1) This section applies if a former SES unit— was established before the commencement; and was in existence immediately before the commencement.\n(sec.52-ssec.2) On the commencement, the former SES unit is taken to be established as an SES unit under section 23.\n(sec.52-ssec.3) Subsection (4) applies if— a former local controller was appointed for the former SES unit before the commencement; and the appointment was in effect immediately before the commencement.\n(sec.52-ssec.4) On the commencement, the former local controller is taken to be appointed as the local controller for the SES unit under section 24.\n(sec.52-ssec.5) In this section— former local controller means a local controller appointed under the Fire and Emergency Services Act 1990 , former section 134. former SES unit means an SES unit established under the Fire and Emergency Services Act 1990 , former section 133.\n- (a) was established before the commencement; and\n- (b) was in existence immediately before the commencement.\n- (a) a former local controller was appointed for the former SES unit before the commencement; and\n- (b) the appointment was in effect immediately before the commencement.","sortOrder":65},{"sectionNumber":"sec.53","sectionType":"section","heading":"Appointment of former SES coordinator as new SES commander","content":"### sec.53 Appointment of former SES coordinator as new SES commander\n\nThis section applies if—\na former SES coordinator was appointed for 2 or more local government areas before the commencement; and\nthe appointment was in effect immediately before the commencement.\nOn the commencement, the former SES coordinator is taken to be appointed under section 26 as the SES commander for the group of the SES units for each of the local government areas.\nIn this section—\nformer SES coordinator means an SES coordinator appointed under the Fire and Emergency Services Act 1990 , former section 136.\n(sec.53-ssec.1) This section applies if— a former SES coordinator was appointed for 2 or more local government areas before the commencement; and the appointment was in effect immediately before the commencement.\n(sec.53-ssec.2) On the commencement, the former SES coordinator is taken to be appointed under section 26 as the SES commander for the group of the SES units for each of the local government areas.\n(sec.53-ssec.3) In this section— former SES coordinator means an SES coordinator appointed under the Fire and Emergency Services Act 1990 , former section 136.\n- (a) a former SES coordinator was appointed for 2 or more local government areas before the commencement; and\n- (b) the appointment was in effect immediately before the commencement.","sortOrder":66},{"sectionNumber":"sec.54","sectionType":"section","heading":"Appointment of former authorised rescue officer as new authorised rescue officer","content":"### sec.54 Appointment of former authorised rescue officer as new authorised rescue officer\n\nThis section applies if—\na former authorised rescue officer was appointed before the commencement; and\nthe appointment was in effect immediately before the commencement.\nOn the commencement, the former authorised rescue officer is taken to be appointed as an authorised rescue officer under section 28.\nIn this section—\nformer authorised rescue officer means an authorised rescue officer appointed under the Fire and Emergency Services Act 1990 , former section 148.\n(sec.54-ssec.1) This section applies if— a former authorised rescue officer was appointed before the commencement; and the appointment was in effect immediately before the commencement.\n(sec.54-ssec.2) On the commencement, the former authorised rescue officer is taken to be appointed as an authorised rescue officer under section 28.\n(sec.54-ssec.3) In this section— former authorised rescue officer means an authorised rescue officer appointed under the Fire and Emergency Services Act 1990 , former section 148.\n- (a) a former authorised rescue officer was appointed before the commencement; and\n- (b) the appointment was in effect immediately before the commencement.","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":"Preserved employment conditions","content":"### sec.55 Preserved employment conditions\n\nThis section applies to a person who—\nimmediately before the commencement, was employed by the State or a local government to perform a function of the former SES; and\non the commencement, is taken to be appointed to a position under section 51(2), 52(4), 53(2), or 54(2).\nThe appointment does not affect the person’s benefits, entitlements or remuneration as an employee under subsection (1)(a).\n(sec.55-ssec.1) This section applies to a person who— immediately before the commencement, was employed by the State or a local government to perform a function of the former SES; and on the commencement, is taken to be appointed to a position under section 51(2), 52(4), 53(2), or 54(2).\n(sec.55-ssec.2) The appointment does not affect the person’s benefits, entitlements or remuneration as an employee under subsection (1)(a).\n- (a) immediately before the commencement, was employed by the State or a local government to perform a function of the former SES; and\n- (b) on the commencement, is taken to be appointed to a position under section 51(2), 52(4), 53(2), or 54(2).","sortOrder":68},{"sectionNumber":"sec.56","sectionType":"section","heading":"Continuation of WorkCover insurance for SES volunteer","content":"### sec.56 Continuation of WorkCover insurance for SES volunteer\n\nThis section applies if—\nimmediately before the commencement, an SES volunteer was insured under a contract of insurance with WorkCover that was entered into under the Fire and Emergency Services Act 1990 , former section 154C; and\non the commencement, the SES volunteer is a staff member of the police service under the Police Service Administration Act 1990 .\nSubject to subsections (3) and (4), the contract of insurance, as it relates to the SES volunteer, continues to have effect as if the amending Act had not been enacted.\nOn the commencement, the contract of insurance—\nis taken to have been entered into by the commissioner and WorkCover; and\nis taken to cover the SES volunteer while the person is performing a function relating to the SES in their capacity as an SES member; and\ncontinues to have effect with any necessary changes because of paragraphs (a) and (b).\nThe contract of insurance continues to have effect under subsection (2) until—\nthe commissioner enters into a contract of insurance to insure the SES volunteer under section 20; or\nthe contract is terminated by the commissioner or WorkCover.\nIn this section—\namending Act means the Emergency Services Reform Amendment Act 2024 .\n(sec.56-ssec.1) This section applies if— immediately before the commencement, an SES volunteer was insured under a contract of insurance with WorkCover that was entered into under the Fire and Emergency Services Act 1990 , former section 154C; and on the commencement, the SES volunteer is a staff member of the police service under the Police Service Administration Act 1990 .\n(sec.56-ssec.2) Subject to subsections (3) and (4), the contract of insurance, as it relates to the SES volunteer, continues to have effect as if the amending Act had not been enacted.\n(sec.56-ssec.3) On the commencement, the contract of insurance— is taken to have been entered into by the commissioner and WorkCover; and is taken to cover the SES volunteer while the person is performing a function relating to the SES in their capacity as an SES member; and continues to have effect with any necessary changes because of paragraphs (a) and (b).\n(sec.56-ssec.4) The contract of insurance continues to have effect under subsection (2) until— the commissioner enters into a contract of insurance to insure the SES volunteer under section 20; or the contract is terminated by the commissioner or WorkCover.\n(sec.56-ssec.5) In this section— amending Act means the Emergency Services Reform Amendment Act 2024 .\n- (a) immediately before the commencement, an SES volunteer was insured under a contract of insurance with WorkCover that was entered into under the Fire and Emergency Services Act 1990 , former section 154C; and\n- (b) on the commencement, the SES volunteer is a staff member of the police service under the Police Service Administration Act 1990 .\n- (a) is taken to have been entered into by the commissioner and WorkCover; and\n- (b) is taken to cover the SES volunteer while the person is performing a function relating to the SES in their capacity as an SES member; and\n- (c) continues to have effect with any necessary changes because of paragraphs (a) and (b).\n- (a) the commissioner enters into a contract of insurance to insure the SES volunteer under section 20; or\n- (b) the contract is terminated by the commissioner or WorkCover.","sortOrder":69},{"sectionNumber":"sec.57","sectionType":"section","heading":"References to former SES","content":"### sec.57 References to former SES\n\nA reference in an Act or document to the former SES, whether it is referred to as the SES or the State Emergency Service, may, if the context permits, be taken to be a reference to the SES established under section 6 of this Act.\n(sec.57-ssec) A reference in an Act or document to the former SES, whether it is referred to as the SES or the State Emergency Service, may, if the context permits, be taken to be a reference to the SES established under section 6 of this Act.","sortOrder":70},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Validation provisions for Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation Amendment Act 2025","content":"## Validation provisions for Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation Amendment Act 2025","sortOrder":71},{"sectionNumber":"sec.58","sectionType":"section","heading":"Validation provision for purported appointment of former SES member","content":"### sec.58 Validation provision for purported appointment of former SES member\n\nThis section applies if, before the relevant commencement, a person (the appointee ) was purportedly appointed as a member of the former SES under the Fire Services Act 1990 , former section 132.\nThe Fire Services Act 1990 was previously titled the Fire and Emergency Services Act 1990 .\nWithout limiting subsection (1), this section applies if the purported appointment was made by a person purporting to perform the delegated function of the QFES commissioner under the Fire Services Act 1990 , former section 132.\nThe appointee is taken to have been validly appointed until—\nif the purported appointment had ended on a day before the relevant commencement—the end of that day; or\nif paragraph (a) does not apply—the relevant commencement.\nAnything done or omitted to be done by the appointee during the period of the purported appointment that would have been valid and lawful under the former Act had the appointee been validly appointed as a member of the former SES is taken to be, and always to have been, valid and lawful.\nIn this section—\nformer , in relation to a provision, means the provision as in force from time to time before the relevant commencement.\nformer Act means the Fire Services Act 1990 as in force from time to time before the relevant commencement.\nformer SES means the State Emergency Service established under the Fire Services Act 1990 , former section 129.\nQFES commissioner means the commissioner appointed under the Fire Services Act 1990 , former section 5.\nrelevant commencement means the commencement of section 51.\ns 58 ins 2025 No. 11 s 23\n(sec.58-ssec.1) This section applies if, before the relevant commencement, a person (the appointee ) was purportedly appointed as a member of the former SES under the Fire Services Act 1990 , former section 132. The Fire Services Act 1990 was previously titled the Fire and Emergency Services Act 1990 .\n(sec.58-ssec.2) Without limiting subsection (1), this section applies if the purported appointment was made by a person purporting to perform the delegated function of the QFES commissioner under the Fire Services Act 1990 , former section 132.\n(sec.58-ssec.3) The appointee is taken to have been validly appointed until— if the purported appointment had ended on a day before the relevant commencement—the end of that day; or if paragraph (a) does not apply—the relevant commencement.\n(sec.58-ssec.4) Anything done or omitted to be done by the appointee during the period of the purported appointment that would have been valid and lawful under the former Act had the appointee been validly appointed as a member of the former SES is taken to be, and always to have been, valid and lawful.\n(sec.58-ssec.5) In this section— former , in relation to a provision, means the provision as in force from time to time before the relevant commencement. former Act means the Fire Services Act 1990 as in force from time to time before the relevant commencement. former SES means the State Emergency Service established under the Fire Services Act 1990 , former section 129. QFES commissioner means the commissioner appointed under the Fire Services Act 1990 , former section 5. relevant commencement means the commencement of section 51.\n- (a) if the purported appointment had ended on a day before the relevant commencement—the end of that day; or\n- (b) if paragraph (a) does not apply—the relevant commencement.","sortOrder":72},{"sectionNumber":"sec.59","sectionType":"section","heading":"Validation provision for purported appointment of particular SES members","content":"### sec.59 Validation provision for purported appointment of particular SES members\n\nThis section applies if a person (the appointee ) was at any time purportedly appointed as a member of the SES under section 16 by a person purporting to perform the delegated function of the commissioner under that section.\nThe appointee is taken to have been validly appointed.\nAnything done or omitted to be done by the appointee during the period of the purported appointment that would have been valid and lawful under this Act had the appointee been validly appointed as a member of the SES is taken to be, and always to have been, valid and lawful.\ns 59 ins 2025 No. 11 s 23\n(sec.59-ssec.1) This section applies if a person (the appointee ) was at any time purportedly appointed as a member of the SES under section 16 by a person purporting to perform the delegated function of the commissioner under that section.\n(sec.59-ssec.2) The appointee is taken to have been validly appointed.\n(sec.59-ssec.3) Anything done or omitted to be done by the appointee during the period of the purported appointment that would have been valid and lawful under this Act had the appointee been validly appointed as a member of the SES is taken to be, and always to have been, valid and lawful.","sortOrder":73}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's stated purpose is narrow — to establish the SES and define its functions — but the actual scope is broader. It includes a comprehensive enforcement and offences regime, significant coercive powers (warrantless entry, property destruction, public directions), a confidential information protection framework, insurance obligations for volunteers, toll road exemptions, retrospective validation of potentially unlawful appointments, and intergovernmental arrangements with local governments. The addition of the validation provisions in Division 2 of Part 6 (inserted by a 2025 amending Act) also extended the scope beyond the original legislation's transitional intent to cure past appointment defects."},"complexity_factors":["Multiple interlocking tiers of authority (commissioner, SES chief officer, SES commanders, local controllers) requiring cross-referencing to understand the full chain of command","Interaction with several other Acts (Disaster Management Act 2003, Public Sector Act 2022, City of Brisbane Act 2010, Local Government Act 2009, Workers' Compensation and Rehabilitation Act 2003, Information Privacy Act 2009, Police Service Administration Act 1990, Fire Services Act 1990)","Transitional provisions requiring understanding of the former legal regime under the Fire and Emergency Services Act 1990 to correctly apply","Retrospective validation provisions (ss. 58-59) that deem past appointments valid, which adds legal complexity around the effect on past actions","Emergency powers provisions (ss. 35-37) that involve nuanced limitations — e.g. force can be used on property but not persons — requiring careful reading","Dual employment structure where SES members can be state employees, local government employees, or volunteers, each with different legal implications","Authorised rescue officer category extends beyond SES members to interstate and international equivalents, adding complexity to the identity card and powers regime","Confidential information offence (s. 42) has a broad and layered definition with multiple exceptions that require careful parsing"],"plain_english_summary":"## What is this law?\n\nThis is a Queensland law that formally establishes the **State Emergency Service (SES)** as its own standalone organisation. Previously, the SES operated under the *Fire and Emergency Services Act 1990* — this Act gives it its own dedicated legal home.\n\n## Who does it affect?\n\n- **SES volunteers and employees**: Their roles, responsibilities, powers, and protections are now clearly defined in one place.\n- **The general public**: If you're ever involved in an emergency situation, SES officers have legally defined powers to enter your property, direct you to leave an area, or require your help — even without your consent.\n- **Local governments**: They have a formal role in establishing local SES units and nominating local controllers.\n- **Businesses**: You cannot use the name \"SES\" or \"State Emergency Service\" without the commissioner's approval.\n\n## What does it actually do?\n\n**1. Creates the SES as a standalone body**\nThe SES is formally established with three types of members: a chief officer (the top boss), paid employees, and volunteers.\n\n**2. Sets out what the SES can do**\nThe SES can perform rescues (including road crashes and vertical rescues), search operations (finding missing people or weapons), respond to severe weather events, help communities prepare for disasters, and even manage traffic at community events.\n\n**3. Gives emergency powers to 'authorised rescue officers'**\nSES members can be appointed as \"authorised rescue officers\" — a special status that gives them significant powers during emergencies:\n- Enter any property **without a warrant** or the owner's permission\n- Search, open containers, remove items, or even **damage or destroy property** if necessary to save lives\n- Direct people to leave or stay away from dangerous areas\n- Require bystanders to help them\n\nThese powers can also be given to people from other states or countries who perform similar emergency functions.\n\n**4. Protects SES members from being sued**\nAs long as SES members and authorised rescue officers act honestly and without negligence, they cannot be held legally liable (sued) for anything they do under this Act.\n\n**5. Volunteers are covered by insurance**\nThe police commissioner *must* arrange WorkCover insurance (workers' compensation) for all SES volunteers while they're on duty or training.\n\n**6. Creates offences**\nIt is a criminal offence to:\n- Assault or obstruct an SES member or authorised rescue officer (up to 6 months jail or a fine)\n- Fail to comply with a direction to leave a danger zone (fine or up to 6 months jail)\n- Impersonate an SES member (fine)\n- Misuse confidential information (up to 2 years jail)\n- Use the \"SES\" name or brand without permission (fine)\n- Misuse warning lights on an SES vehicle (fine)\n\n**7. Transitions from the old law**\nEveryone who was previously a member of the old SES under the *Fire and Emergency Services Act 1990* is automatically treated as a member under this new Act. Their employment conditions are preserved. A validation provision also retrospectively fixes any appointment paperwork errors that may have occurred in the past.\n\n## Key things to know\n- SES volunteers **can enter your property in an emergency without asking** — the law allows this\n- You **must comply** with directions from authorised rescue officers or face criminal charges\n- The SES is now overseen by the Queensland Police Service commissioner (not a fire services commissioner)"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4","severity":"medium","reasoning":"Section 4(1) purports to bind the Commonwealth and other States 'to the extent the legislative power of the Parliament permits', while section 4(2) immunises them from prosecution. If the only enforcement mechanism is criminal prosecution, the binding effect is illusory. There is no civil enforcement mechanism provided either, compounding the absurdity.","confidence":0.75,"description":"The Act binds the Commonwealth and other States but they cannot be prosecuted for offences. This creates a toothless obligation — binding entities that face no legal consequence for breach renders the binding legally meaningless in practice."},{"type":"impossible_compliance","section":"sec.7(f)","severity":"high","reasoning":"Community expectations are subjective, vary across communities, are not codified anywhere, and cannot be known in advance. Imposing a statutory function based on what the community 'reasonably expects' without defining measurement or limits makes it impossible for the SES to know when it is in compliance or breach. This is compounded by the fact that the SES 'must' perform functions under sec.7, yet this particular standard is inherently indeterminate.","confidence":0.8,"description":"The SES is obligated to provide services as required by 'the reasonable expectations of the community' — an undefined, unverifiable and infinitely elastic standard that creates an impossible compliance obligation."},{"type":"self_contradicting","section":"sec.21(4) and sec.21(5)","severity":"medium","reasoning":"Section 21(4) requires the notice to state both the start and end of suspension, implying certainty. Section 21(5) then allows extensions before the period ends. While extension notices could theoretically cure this, the original notice end date becomes misleading. The combination creates a structural inconsistency where a mandatory statement of an end date is rendered provisional from the outset.","confidence":0.72,"description":"The suspension notice must state when the suspension 'starts and ends', but the commissioner may subsequently extend the period before it ends — meaning the stated end date in the original notice is not the actual end date, undermining the purpose of requiring the end date to be stated."},{"type":"other","section":"sec.22(1) and sec.22(3)(a)","severity":"low","reasoning":"The SES chief officer arranges with the commissioner (who has authority over the chief officer) for police services, which then come under the chief officer's direction. While not strictly impossible, the arrangement is structurally awkward — the chief officer is effectively requesting from their superior resources that the superior then has no operational direction over once transferred. This creates ambiguity about accountability.","confidence":0.55,"description":"The SES chief officer may arrange with 'the commissioner' for police secondments, but the seconded police officers are then subject to the direction of the SES chief officer — creating an arrangement where the chief officer negotiates with their own superior to obtain officers who then report to the chief officer, not the commissioner."},{"type":"impossible_compliance","section":"sec.36(2) and sec.36(3)","severity":"medium","reasoning":"In any genuine emergency where a person is trapped or in danger, almost any delay to seek occupier consent could be argued to potentially hinder the rescue. The exception in sec.36(3) swallows the rule in sec.36(2) in most real-world emergency scenarios, making the procedural requirements illusory in the situations they were designed to govern.","confidence":0.7,"description":"An authorised rescue officer must attempt to notify the occupier and seek consent before entering, but is excused from doing so if those steps might 'frustrate or hinder' the rescue — meaning the mandatory pre-entry requirements are negated in virtually every genuine emergency, rendering them effectively optional."},{"type":"self_contradicting","section":"sec.44(2)","severity":"medium","reasoning":"The warning device activation requirement under sec.44(2)(b) limits use to situations where safety is at risk. However, sec.48 grants toll exemption when travelling as an SES member with warning devices activated. If activation is only lawful in genuine safety-critical situations, it cannot also be a routine toll-exemption mechanism during ordinary SES travel. The toll exemption provision implicitly contemplates broader activation than sec.44(2) permits.","confidence":0.68,"description":"An SES member activating a warning device must simultaneously satisfy two conditions: (a) it is to perform an SES function AND (b) the member 'considers it necessary to ensure a person's safety'. Routine SES functions not involving immediate safety risk (e.g., traffic management at community events) would make activation unlawful, yet the exemption from toll in sec.48 requires the warning device to be activated."},{"type":"retroactive_impossibility","section":"sec.52(2)","severity":"medium","reasoning":"Section 23 sets up a detailed process requiring local government consent and community consultation as mandatory prerequisites. Section 52(2) deems former units to have been established under section 23 without any of those processes having been followed in relation to this Act. This creates deemed compliance with mandatory procedural requirements that were never satisfied, potentially undermining the purpose of those requirements.","confidence":0.65,"description":"Former SES units are deemed established under section 23, but section 23 requires local government agreement and mandatory community consultation before establishment. Transitional deemed establishment bypasses these mandatory preconditions entirely."},{"type":"retroactive_impossibility","section":"sec.59","severity":"high","reasoning":"Section 16 gives the commissioner power to appoint SES members. The Act's general delegation provision (if any) is not shown in this text. Section 59 validates appointments by persons 'purporting to perform the delegated function' — meaning they were not actually performing a valid delegated function, otherwise validation would be unnecessary. The section validates acts that were legally invalid without establishing any legal basis for the delegation going forward, creating a one-time retrospective cure without fixing the underlying structural deficiency.","confidence":0.7,"description":"Section 59 validates appointments made by persons 'purporting to perform the delegated function' of the commissioner under section 16 — but section 16 does not expressly authorise delegation. The validation provision appears to retroactively validate an unlawful delegation mechanism that has no express basis in the Act being validated."},{"type":"other","section":"sec.43(1)(b)","severity":"low","reasoning":"The restricted expression definition in sec.43(2)(c) includes 'another expression that includes an expression mentioned in paragraph (a) or (b)' — meaning any phrase containing 'SES' or 'State Emergency Service' is a restricted expression. Combined with the prohibition on 'similar expressions' in sec.43(1)(b), the scope of prohibited conduct becomes extremely broad and potentially extends to legitimate uses of unrelated acronyms that happen to phonetically resemble 'SES'.","confidence":0.6,"description":"A person may not use 'SES' or a 'similar expression' in a way suggesting they are an SES member if they are not — but 'similar expression' is not defined, creating potentially unlimited scope for prosecution of ordinary abbreviations or acronyms."}],"contradictions":[{"severity":"medium","section_a":"sec.8(1)","section_b":"sec.16","confidence":0.65,"description":"Section 8(1) states the SES consists of the SES chief officer, SES employees and SES volunteers. Section 16 provides for appointment of 'other SES members'. However, sections 18 and 19 then classify appointed members as employees or volunteers based on how they perform functions — meaning a person's membership category is not fixed at appointment but determined by conduct, creating uncertainty about who comprises the SES at any given time."},{"severity":"low","section_a":"sec.9(b)","section_b":"sec.16","confidence":0.55,"description":"Section 9(b) states the commissioner's functions include 'the appointment of persons as SES chief officer, local controllers, SES commanders and other SES members'. Section 16 also grants the commissioner power to appoint persons as SES members. These are redundant but consistent — however sec.9 frames this as a 'function' (suggesting obligation) while sec.16 frames it as a 'may' (discretion), creating a tension between the mandatory characterisation of the appointment function and the discretionary power to exercise it."},{"severity":"medium","section_a":"sec.17(2)","section_b":"sec.37(1)","confidence":0.6,"description":"Section 17(2) grants SES members power to do 'anything necessary or convenient' for their functions, subject to Part 3 Division 2. Section 37(1) grants authorised rescue officers power to use 'reasonably necessary force' when performing SES functions, but section 37(2) excludes force against individuals. An authorised rescue officer who is also an SES member (sec.28(1)(a)) could argue their broader powers under sec.17(2) are not subject to the individual-force exclusion in sec.37(2), creating ambiguity about which provision governs."},{"severity":"medium","section_a":"sec.25(1)(e)","section_b":"sec.17(1)(b)","confidence":0.78,"description":"Section 25(1)(e) requires the local controller to ensure SES members comply with directions from 'the commissioner, the SES chief officer or an SES commander'. Section 17(1)(b) requires SES members to comply with directions from 'the commissioner or the SES chief officer' only — SES commanders are not listed as a source of binding directions for SES members under sec.17. This creates an inconsistency where the local controller's obligation extends to SES commander directions, but the individual member's compliance obligation does not expressly include them."},{"severity":"low","section_a":"sec.20(1)","section_b":"sec.56(1)(b)","confidence":0.58,"description":"Section 20 requires the commissioner to insure SES volunteers. Section 56 applies where, on commencement, an SES volunteer is a 'staff member of the police service' — but if a person is simultaneously an SES volunteer and a police service staff member, it is unclear whether they fall within the insurance obligation in sec.20 or the transitional regime in sec.56, potentially resulting in dual coverage obligations or gaps in coverage."},{"severity":"medium","section_a":"sec.38(1)","section_b":"sec.37(2)","confidence":0.62,"description":"Section 38 creates an offence for assaulting 'an official performing an SES function', where 'official' includes both SES members and authorised rescue officers. Section 37(2) prohibits authorised rescue officers from using force against individuals. The combined effect is that an official cannot use force against a person who is assaulting them, yet the person assaulting the official commits an offence. While not strictly contradictory, this creates a one-sided legal regime where officials are protected from assault but have no lawful self-defence mechanism through the Act."},{"severity":"high","section_a":"sec.24(3)(a)","section_b":"sec.52(4)","confidence":0.82,"description":"Section 24(3)(a) requires that a local government must nominate a person before the commissioner can appoint them as local controller. Section 52(4) deems former local controllers appointed as local controllers under sec.24 without any local government nomination having occurred under this Act. This creates a direct conflict between the mandatory nomination requirement and the transitional deemed appointment."},{"severity":"high","section_a":"sec.23(1)(b)","section_b":"sec.52(2)","confidence":0.85,"description":"Section 23(1)(b) requires local government agreement before an SES unit can be established. Section 52(2) deems former SES units to be established under section 23 without local government agreement having been given under this Act. This directly contradicts the mandatory consent requirement in sec.23(1)(b)."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a re-establishment and modernisation of the State Emergency Service. While it moves the SES from the Fire and Emergency Services Act 1990 to a standalone Act, the core functions (rescue, search, severe weather response) remain consistent with the original intent. The validation provisions in Division 2 of Part 6 address technical defects in past appointments but do not expand the substantive scope beyond the original purpose of establishing and regulating the SES."},"complexity_factors":["Moderate length (59 sections) with straightforward structure following standard Queensland legislative format","Cross-references to multiple other Acts: Fire and Emergency Services Act 1990, Disaster Management Act 2003, Public Sector Act 2022, Workers' Compensation and Rehabilitation Act 2003, Police Service Administration Act 1990, City of Brisbane Act 2010, Local Government Act 2009, Information Privacy Act 2009, Criminal Code","Conditional logic in suspension powers (section 21) requiring consideration of alternatives before suspension","Nested definitions in section 42 (confidential information) with multiple exclusions and inclusions","Transitional provisions (Part 6) requiring tracking of 'former' vs 'new' entities and validation of potentially invalid past appointments","Multiple appointment pathways (employees vs volunteers vs seconded police) with different legal bases","Delegated legislative power allowing regulations to prescribe additional classes of authorised rescue officers (section 28)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a new standalone law for Queensland's State Emergency Service (SES), moving it out of the old Fire and Emergency Services Act 1990. It sets up the SES as its own statutory body with clear rules about who can do what during emergencies.\n\n**Who it affects:**\n\n- **SES volunteers and staff** – the people in orange shirts who help during floods, storms, and searches\n- **Local governments** – they partner with the State to run local SES units\n- **Police officers** – can be seconded (loaned) to help the SES\n- **The general public** – anyone who might need rescue, or who needs to get out of the way when SES is working\n- **Authorised rescue officers** – specially trained people (including from interstate or overseas) who get extra powers to enter property and break things if necessary to save lives\n\n**Key things the law covers:**\n\n- **Establishment**: Creates the SES as a formal organisation with a chief officer, employees, and volunteers\n- **Powers**: Gives SES members and authorised rescue officers the power to enter property without a warrant during emergencies, use reasonable force (but not against people), and direct the public to leave dangerous areas\n- **Protection**: Shields SES members from being sued if they act honestly and without negligence\n- **Offences**: Makes it a crime to assault or obstruct SES workers, impersonate them, misuse their warning lights, or leak confidential information\n- **Insurance**: Requires the government to insure volunteers through WorkCover\n- **Transition**: Smoothly moves existing SES members, units, and appointments from the old law to the new one, and fixes up any dodgy appointments that happened by mistake under the old system\n\n**Why it matters:**\n\nThis gives Queensland's volunteer emergency service a modern legal foundation. It clarifies that SES volunteers can break down doors to rescue people, protects them from lawsuits when they're saving lives, and ensures they have insurance coverage. It also validates past appointments that might have been technically flawed, ensuring continuity of service."}},"importantCases":[],"_links":{"self":"/api/acts/state-emergency-service-act-2024","history":"/api/acts/state-emergency-service-act-2024/history","analysis":"/api/acts/state-emergency-service-act-2024/analysis","conflicts":"/api/acts/state-emergency-service-act-2024/conflicts","importantCases":"/api/acts/state-emergency-service-act-2024/important-cases","documents":"/api/acts/state-emergency-service-act-2024/documents"}}