Disaster Management Act 2003

State government departments. All Queensland government departments are required to comply with disaster management responsibilities, subject to monitoring by the Inspector-General of Emergency Management.

District disaster management groups. Each disaster district has a group responsible for planning and coordinating disaster management within the district. District disaster coordinators are typically senior police officers.

Local governments. Part 5 of the Act imposes functions on local governments: they must prepare local disaster management plans, establish and maintain local disaster management groups, and maintain disaster management capabilities. Local government mayors and chief executive officers participate in local disaster management groups.

Police, ambulance, fire, and health officers. These officers are the primary operational responders during declared disaster situations. They hold declared disaster powers during a declaration, subject to hierarchy provisions (non-government officers defer to government officers in the same service).

Ordinary persons affected by disasters. People affected by an event may be subject to evacuation orders and directions during a declared situation. They are entitled to compensation for loss or damage caused by the exercise of emergency powers (Part 11).

Businesses and property owners. During a declared situation, businesses may have their premises entered and property taken or used without consent. The compensation regime provides a remedy for those losses.

Disaster management plans. The State must maintain a State disaster management plan (Part 3 Division 1). Each district group must prepare a disaster management plan for its district (Division 2). Each local government must prepare a local disaster management plan (Division 3). Plans must address mitigation of risks, preparation, response, and recovery. Plans must be consistent with the next tier up.

Annual reporting. Disaster management groups are required to report annually on their activities and the effectiveness of their disaster management arrangements (Part 2 Division 5).

Compliance with declarations. During a declared disaster situation, persons given a direction by a declared disaster officer must comply unless they have a reasonable excuse (section 116). Persons required to provide reasonable help must do so unless they have a reasonable excuse (section 117). Both obligations carry a maximum penalty of 100 penalty units.

Consultation before declaration. Before declaring a disaster situation, the district disaster coordinator must take reasonable steps to consult with the district group and each affected local government (section 64(2)). However, failure to consult does not invalidate the declaration (section 64(3)).

Post-declaration reporting. After a disaster situation is declared, the Minister must publish a Gazette notice as soon as practicable (section 65(3)), and oral declarations must be recorded in the approved form as soon as reasonably practicable (section 65(7)).

Declaration of disaster situation. A district disaster coordinator may, with the approval of the Minister, declare a disaster situation if satisfied that a disaster has happened, is happening, or is likely to happen, and that it is necessary or reasonably likely to be necessary for emergency powers to be exercised to prevent or minimise loss of human life, illness or injury to humans, property loss or damage, or environmental damage (section 64(1)).

General disaster powers (section 77). During a declared situation, a relevant district disaster coordinator or declared disaster officer may: control movement of persons, animals, and vehicles; issue movement directions; evacuate persons or animals; enter any place in the declared area; take possession or make use of property in the declared area; carry out work or activities; destroy or remove property; and require persons to give reasonable help. The powers must be exercised only during the period of the disaster situation and only to achieve specified purposes (section 76(2)).

Rescue powers (Part 9). Part 9 authorises the exercise of rescue powers in particular circumstances outside a declared disaster situation. This creates a separate stream of powers for rescue operations that do not require a full disaster situation declaration.

Extending the declaration. The Minister may extend the disaster situation by regulation in increments of up to 14 days (section 67). If a regulation cannot practicably be made before the declaration expires, the Minister and Premier may jointly extend it by up to 7 days by declaration (section 67A). The joint Minister-Premier declaration cannot be used consecutively.

Ending the disaster situation. The Minister may end a declared disaster situation at any time (section 68(1)). The disaster situation automatically expires 14 days after declaration unless extended.

Inspector-General powers (Part 1A). The Inspector-General of Emergency Management may review and assess disaster management effectiveness at all tiers, make and review disaster management standards, report to the Minister, and monitor departmental compliance. The Inspector-General does not have operational powers during a disaster; the role is oversight and performance assurance.

The Act imposes specific penalties for conduct during declared disaster situations:

• Section 114: impersonating an authorised person, maximum penalty 100 penalty units.
• Section 115: obstructing an authorised person without reasonable excuse, maximum penalty 100 penalty units. Obstruction is defined to include assault, hindering, resisting, and attempting or threatening to obstruct.
• Section 116: failing to comply with a movement direction, evacuation direction, or rescue direction without reasonable excuse, maximum penalty 100 penalty units.
• Section 117: failing to give reasonable help when required, without reasonable excuse, maximum penalty 100 penalty units.

There is no provision for imprisonment. All offences are monetary penalty unit offences. The reasonable excuse defence is available for each of the key offences.

Declaration process. Consultation with the district group and affected local governments must precede the declaration where practicable (section 64(2)). The declaration must be in the approved form (section 65(1)) unless oral circumstances exist. Gazette notice must be given as soon as practicable after declaration (section 65(3)).

Duration and extension. The initial declaration period is 14 days (section 66). Extension by regulation: increments of up to 14 days each, commencing on the day the regulation is made (section 67(2)). Extension by joint declaration: up to 7 days each, when a regulation is not practicable; cannot be used consecutively (section 67A).

Compensation claims. Applications must be made in writing to the police commissioner within 90 days of suffering the loss or damage (section 121(2)). The police commissioner may accept late applications in appropriate circumstances (section 121(5)). Applications must state details of loss or damage and the amount and grounds for the claim (section 121(3)).

Annual reporting cycle. Disaster management groups must report annually (Part 2 Division 5). The Inspector-General reviews and assesses effectiveness, standards compliance, and inter-entity cooperation on an ongoing basis (section 16C).

Police Powers and Responsibilities Act 2000 (Qld). Queensland police operations during disasters are governed by both the Disaster Management Act and the Police Powers and Responsibilities Act. In Wotton v State of Queensland [2016] FCA 1457, the Federal Court examined emergency declaration powers under the Police Powers and Responsibilities (PSP) Act and noted the parallel structure with section 13 of the Disaster Management Act (which defines "disaster") in the context of a 2004 Palm Island emergency response.

Queensland Reconstruction Authority Act 2011 (Qld). The Queensland Reconstruction Authority, established after the 2010-2011 floods, operates alongside the Disaster Management Act framework in the recovery phase.

Civil Liability Act 2003 (Qld). In Rodriguez and Sons Pty Ltd v Queensland Bulk Water Supply Authority (Seqwater) [2020] NSWSC 1728, a major damages case arising from the 2011 Queensland floods, the Disaster Management Act was cited among the Queensland legislative instruments. The case explored issues of liability and compensation following Seqwater's operation of flood mitigation dams, and the Act was part of the broader legislative context.

Commonwealth Disaster Recovery Funding Arrangements. The National Disaster Relief and Recovery Arrangements (NDRRA) between the State and Commonwealth governments provide financial support for disaster recovery activities. Those arrangements operate alongside and are informed by the Act's framework.

Ambulance Service Act 1991 (Qld), Fire and Emergency Services Act 1990 (Qld), and Hospital and Health Boards Act 2011 (Qld). The Act relies on officers from Queensland Ambulance Service, Queensland Fire and Emergency Services, and Queensland Health. The hierarchy provision in section 76(4) requires that non-government officers in each service be subject to the directions of the relevant government officer.

Failure to consult does not invalidate a declaration. Section 64(3) expressly provides that failure to consult with the district group or affected local governments before declaring a disaster situation does not affect the validity of the declaration. Landowners or residents who were not consulted cannot challenge the declaration on that ground.

An oral declaration is valid. Section 65(5) allows a disaster situation to be declared orally when it is necessary to exercise declared disaster powers before an approved form can be obtained. An oral declaration must be recorded in writing as soon as reasonably practicable (section 65(7)), but failure to do so does not invalidate the declaration or things done under it.

The 90-day compensation deadline is strict but flexible. Applications for compensation from the exercise of emergency powers must be made within 90 days (section 121(2)). The police commissioner has a discretion to accept late applications if reasonable (section 121(5)), but the discretion is with the commissioner, not the claimant. Affected persons should apply promptly.

Compensation is reduced by insurance recovery. Under section 120(1)(a), compensation is not payable to the extent the loss is recovered or recoverable under a policy of insurance. Persons who hold insurance and are also compensated under the Act will have their entitlement reduced accordingly.

The declaration powers are district-based, not state-wide. A district disaster coordinator may only declare a situation for their disaster district or a part of it. A state-wide disaster requiring a coordinated response would require multiple district declarations or another legal mechanism.

Example 1: Cyclone declaration in Far North Queensland. A cyclone is forecast to make landfall in the Cairns disaster district. The district disaster coordinator, satisfied that a disaster is likely to happen and that declared disaster powers will likely be needed, consults with the district group and relevant local governments, obtains Ministerial approval, and declares a disaster situation for the Cairns disaster district or the affected part. Declared disaster officers can then direct residents to evacuate and control vehicle movements on roads in the declared area. Obstruction of those directions carries a maximum penalty of 100 penalty units.

Example 2: Flood response and compensation claim. During a declared disaster situation arising from a flooding event, a declared disaster officer enters a private property and removes farm equipment to create a firebreak for access to an isolated community. The equipment is damaged in the process. The landowner may apply in writing to the police commissioner for compensation within 90 days of the damage occurring (section 121). If the landowner had flood insurance that covered the equipment loss, the compensation payable is reduced by the amount recoverable under the insurance policy (section 120(1)(a)).

Example 3: Outbreak requiring immediate oral declaration. A toxic chemical spill occurs at a remote industrial site. The district disaster coordinator assesses the situation and determines that declared disaster powers are needed immediately to evacuate the surrounding area, but there is no time to complete the approved form. An oral declaration is made. The oral declaration is valid (section 65(5)), and declared disaster officers immediately exercise powers to evacuate the area and control access. The approved form must be completed as soon as reasonably practicable after the oral declaration (section 65(7)).

Example 4: Inspector-General review. After a series of flood events in a coastal region, the Inspector-General of Emergency Management reviews the effectiveness of the local disaster management plans and their implementation. The Inspector-General assesses whether the district and local groups' plans met the disaster management standards, identifies gaps in volunteer capability, and reports to the Minister with recommendations for improvement (section 16C).