Fire Services Act 1990

This Act may be cited as the Fire Services Act 1990.

The objects of this Act are—

to provide for the prevention of, and responses to, fires and other emergency incidents; and

to provide for rescue services and operations; and

to establish a framework for the operation, management and administration of Queensland Fire and Rescue and Rural Fire Service Queensland.

The objects of the Act are to be achieved by establishing processes to ensure—

ongoing operational and strategic collaboration and coordination between Queensland Fire and Rescue and Rural Fire Service Queensland; and

recognition of the valuable role of volunteers in supporting the delivery of fire and emergency services in the State.

The dictionary in schedule 2 defines particular words used in this Act.

This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.

The Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner.

A person is eligible for appointment as commissioner only if the person has—

professional firefighting experience; and

incident control expertise; and

fire prevention expertise.

The commissioner is to be appointed under this Act, and not under the Public Sector Act 2022.

The Governor in Council shall from time to time approve the salary, allowances, and conditions of employment of a person holding office as commissioner.

The Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during—

any vacancy, or all vacancies, in the office; or

any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.

The Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954, section 25(1)(b)(iv) and (v).

The main functions of the commissioner are—

to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and

to make recommendations to the Minister about any matter that—

relates to the performance of functions or exercise of powers by the commissioner or the fire services; or

may help the Minister in the proper administration of this Act.

Without limiting subsection (1), the commissioner also has the following functions—

to decide the appropriate organisational structure of the fire services;

to control and oversee the resources of the fire services;

to decide the number and deployment of fire service officers and rural fire brigade members;

to decide the qualifications for, and duties of, fire service officers;

to be responsible for organising training and development of fire service officers and rural fire brigade members;

to facilitate collaboration and coordination of the fire services for effective service delivery;

to decide the dress or appearance of fire service officers and rural fire brigade members;

to decide the number and location of the fire services’ facilities;

to monitor the performance and management of the fire services;

to report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act;

to report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J.

The commissioner’s functions also include any other function given to the commissioner under this Act or another Act.

The commissioner may give a direction if the commissioner considers it necessary or convenient to give the direction to ensure the efficient and proper functioning of the fire services.

A direction under subsection (1)—

may be written or oral; and

may apply to all or any of the following persons—

the chief fire officer;

fire service officers;

rural fire brigade members.

The commissioner may from time to time issue codes of practice relating to—

the functions, powers, conduct and appearance of fire service officers; or

any functions imposed or powers conferred by or under this Act on any other person other than the Minister.

The commissioner may at any time amend or revoke a code of practice.

A provision of a code of practice is of no effect if inconsistent with a provision of this Act.

Provisions of a code of practice may differ according to differences in time, place or circumstance or according to the fire service officers or classes of fire service officers to whom they are expressed to apply.

Evidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the commissioner as being a true copy of the provision.

The commissioner is to appoint a chief fire officer.

A person is eligible for appointment as chief fire officer only if the person has—

professional firefighting experience; and

incident control expertise; and

fire prevention expertise.

The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief fire officer.

The chief fire officer is to be employed under this Act and not the Public Sector Act 2022.