6 Act amended

This part amends the Fire and Emergency Services Act 1990.

7 Amendment of s 86A (Imposing local fire ban)

(1) Section 86A (1), ‘impose a fire ban’—omit, insert—, by notice published under section 86B, impose a ban on the lighting of fires

(2) Section 86A (2) —omit, insert—

(2) A local fire ban—

(a) must not be imposed for a period of more than 14 days; and

(b) may—

(i) be imposed for an entire local government area or part of a local government area; and

(ii) prohibit the lighting of all, or only particular, types of fires.

8 Replacement of s 86B (Publicising local fire ban)

Section 86B —

omit, insert—

86B Notifying local fire ban

(1) Notice of the imposition of a local fire ban must be published on the department’s website ("normal publication").

(2) However, if notice of the imposition of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the imposition may be published ("alternative publication")—

(a) in another way decided by the commissioner; and

(b) by normal publication as soon as practicable.

(3) Notice of the imposition of a local fire ban must—

(a) state the local government area to which the ban applies; and

(b) if appropriate, describe the part of the local government area to which the ban applies; and

(c) state the types of fires the lighting of which are prohibited under the ban; and

(d) state the period of the ban.

(4) As well as publishing notice of the imposition of a local fire ban by normal publication or alternative publication, the commissioner may cause the imposition of the ban to be publicised in any other way the commissioner considers appropriate.

(5) This section applies despite the Financial Accountability Act 2009, section 88F.

9 Amendment of s 86C (Cancelling local fire ban)

(1) Section 86C (1), after ‘must’—insert—, by notice published under this section,

(2) Section 86C (2) and (3) —omit, insert—

(2) Notice of the cancellation of a local fire ban must be published on the department’s website ("normal publication").

(3) However, if notice of the cancellation of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the cancellation may be published ("alternative publication")—

(a) in another way decided by the commissioner; and

(b) by normal publication as soon as practicable.

(3) Section 86C (4), ‘using a newspaper or broadcast notice to cancel a local fire ban’—omit, insert—publishing notice of the cancellation of a local fire ban by normal publication or alternative publication

(4) Section 86C —insert—

(5) This section applies despite the Financial Accountability Act 2009, section 88F.

10 Replacement of s 86D (Period of local fire ban)

Section 86D —

omit, insert—

86D Period of local fire ban

(1) A local fire ban takes effect on the day and at the time stated in the notice published under section 86B for imposing the ban.

(2) The cancellation of a local fire ban takes effect on the day and at the time stated in the notice published under section 86C for cancelling the ban.

(3) For subsections (1) and (2), the day and time stated in the notice must not be before the day and time the notice is published.

(4) A local fire ban remains in force until the earlier of the following happens—

(a) the period of the ban stated in the notice published for the ban ends;

(b) the ban is cancelled.

11 Amendment of s 88 (Publication of declaration)

(1) Section 88, heading, ‘Publication’—omit, insert—Notification

(2) Section 88 (1) and (2), before ‘fire emergency’—insert—state of

(3) Section 88 (1), from ‘a declaration’—omit, insert—a declaration—

(a) must be notified in the gazette; and

(b) may, in addition to the notification under paragraph (a), be notified in the following ways—

(i) on the department’s website;

(ii) by radio or television in the area to which it applies.

(4) Section 88 (2), from ‘where’ to ‘sooner.’—omit, insert—if it is sooner notified under subsection (1)(b)—the date on which it is notified under subsection (1)(b).

(5) Section 88 (3) —omit, insert—

(3) To ensure public knowledge of a declaration of a state of fire emergency or an amendment or revocation of a declaration in the area to which it applies, the commissioner must take measures to give widespread publicity of the declaration or the amendment or revocation of the declaration.

(4) However, any alleged failure to take measures under subsection (3) in relation to a declaration of a state of fire emergency or an amendment of a declaration is not an excuse for failure to comply with the declaration.

(5) This section applies despite the Financial Accountability Act 2009, section 88F.

12 Replacement of s 104FE (Public notice of guidelines)

Section 104FE —

omit, insert—

104FE Public notice of guidelines The commissioner must ensure the guidelines and any document applied, adopted or incorporated by the guidelines are available for inspection on the department’s website.

13 Omission of s 104FF (Access to guidelines)

Section 104FF —

omit.

14 Amendment of s 104G (Notice by commissioner about occupier’s or owner’s obligations)

(1) Section 104G (3A) —omit.

(2) Section 104G (4) —omit, insert—

(4) The giving of a notice under subsection (1) does not affect any other proceedings under this Act relating to the noncompliance to which the notice relates.

15 Amendment of s 104RB (Owner must install smoke alarm—requirements being phased out by 31 December 2026)

Section 104RB (2) (a) and (b), after ‘Building Code of Australia’—

insert—

as in effect on 1 January 2017

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

(1) Section 150G —insert—

(f) a rural fire brigade member.

(2) Section 150G, penalty, paragraph (b), ‘during a state of fire emergency’—omit, insert—or a rural fire brigade member during a state of fire emergency at a place

(3) Section 150G, note—omit.

(4) Section 150G —insert—

(2) In this section—

"rural fire brigade member" means a member of a group registered as a rural fire brigade under section 79.

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

(1) Section 154E (2) (f) (ii), ‘alternative solutions’—omit, insert—performance solutions

(2) Section 154E, note—omit.

18 Insertion of new ch 5, pt 5, div 9

Chapter 5, part 5 —

insert—

19 Amendment of s 55 (Powers of authorised fire officer for preventative or investigative purposes)

Section 55 —

insert—

(4) An authorised fire officer’s power to enter premises or open a receptacle under subsection (1) may be exercised by the officer, or an appropriately qualified person acting under the supervision of the officer, using a device remotely controlled by the officer or person.

20 Amendment of s 71 (Notifications, notices and permits)

Section 71 (2) (c) —

omit, insert—

(c) may, by the commissioner giving a notice to the person—

(i) for a permit—be amended, suspended or revoked at any time; or

(ii) for a notice—be amended or revoked at any time.

21 Amendment of s 104D (Occupier of building to maintain prescribed fire safety installations)

(1) Section 104D (1), note, ‘ section 151 ’—omit, insert—
[Note: section 150J]

(2) Section 104D (2) and (3), definition prescribed fire safety installation, paragraph (a), ‘in the building’—omit, insert—for the building

22 Amendment of s 152D (Interstate assistance at fires)

(1) Section 152D, heading, ‘fires’—omit, insert—QFES incident

(2) Section 152D (1) (b) —omit, insert—

(b) present at a QFES incident in Queensland to assist at the incident.

(3) Section 152D (2) (a) and (3), ‘person in charge at the fire’—omit, insert—person in charge at the QFES incident

(4) Section 152D (3), ‘present at the fire’—omit, insert—present at the incident

(5) Section 152D (3) (a), ‘assisting at the fire’—omit, insert—assisting at the incident

(6) Section 152D (4), definition person in charge —omit.

(7) Section 152D (4) —insert—

"person in charge", for a QFES incident, means the person who, under any of the following, is in charge at the incident—

(a) this Act;

(b) a direction of the commissioner;

(c) a code of practice.

"QFES incident" means an incident for which QFES is performing a function mentioned in section 8B(a) or (b).

(8) Section 152D, note—omit.

23 Amendment of s 153A (Confidentiality)

(1) Section 153A —insert—

(4) Further, subsection (1) does not apply to the disclosure of information relating to an investigation of a fire or hazardous materials emergency involving the death of, or serious injury to, a person if the disclosure is—

(a) to a police officer or a staff member of the police service under the Police Service Administration Act 1990; and

(b) for the purpose of an investigation by the commissioner of the police service of the death or injury.

(2) Section 153A, note—omit.

24 Insertion of new ch 5, pt 5, div 9, sdiv 2

Chapter 5, part 5, division 9, as inserted by this Act—

insert—

27 Act amended

This part amends the Police Service Administration Act 1990.

28 Amendment of s 1.4 (Definitions)

(1) Section 1.4, definitions "MINDA" and "watch-house officer" —omit.

(2) Section 1.4—insert—

"tenure not limited by time" see section 1.5.

"watch-house officer" means a staff member who is appointed by the commissioner to be a watch-house officer.

(3) Section 1.4, definition "external service provider", ‘public service employee, or class of public service employee’—omit, insert—person or class of persons

(4) Section 1.4, definition "finally dealt with", ‘for part 7 ’—omit, insert—in relation to a proceeding

(5) Section 1.4, definition "prescribed officer", ‘, for part 7,’—omit.

(6) Section 1.4, definition "service history", ‘for part 7,’—omit.

29 Replacement of s 2.5A (Officers etc. employed under this Act)

Section 2.5A—

omit, insert—

2.5A Officers etc. employed under this Act Police officers, police recruits and special constables are employed under this Act and not the Public Service Act 2008.

30 Amendment of s 5AA.6 (Persons engaged or seeking to be engaged by the service must disclose relevant information)

Section 5AA.6(1), after ‘disclose to the commissioner’—insert—in the way approved by the commissioner

31 Amendment of s 5AA.7 (Persons engaged by the service must disclose changes in relevant information)

Section 5AA.7, after ‘commissioner’—insert—in the way approved by the commissioner

32 Omission of s 5AA.8 (Requirements for disclosure)

Section 5AA.8—omit.

33 Amendment of s 5AA.11 (Assessment of suitability)

Section 5AA.11(1), ‘relevant information about a person under this part’—omit, insert—the suitability of a person to be, or continue to be, engaged by the service

34 Amendment of s 5AA.12 (Particular persons to be advised if person unsuitable)

(1) Section 5AA.12(1)—insert—

(aa) give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and

(2) Section 5AA.12(1)(aa) and (b)—renumber as section 5AA.12(1)(b) and (c).

(3) Section 5AA.12(2), from ‘The’ to ‘may—’—omit, insert—However, the commissioner is not required to disclose the information or give reasons under subsection (1) if the commissioner considers the disclosure or giving of reasons may—

(4) Section 5AA.12(3), ‘ subsection (1) (b) ’—omit, insert—subsection (1)(c)

35 Amendment of s 5AA.13 (External service provider to be advised if person unsuitable)

(1) Section 5AA.13(1)—insert—

(aa) give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and

(2) Section 5AA.13(1)(aa) to (c)—renumber as section 5AA.13(1)(b) to (d).

(3) Section 5AA.13(2), from ‘The’ to ‘may—’—omit, insert—However, the commissioner is not required to disclose the information or give reasons under subsection (1) if the commissioner considers the disclosure or giving of reasons may—

(4) Section 5AA.13(3), ‘ subsection (1) (b) or (c) ’—omit, insert—subsection (1)(c) or (d)

36 Amendment of pt 8, hdg (Resignation, retirement and change in status)

Part 8, heading, ‘and change in status’—

omit, insert—

, change in status and summary dismissal

37 Insertion of new pt 8, div 1, hdg

Before section 8.1—

insert—

38 Amendment of s 8.3 (Unfitness for duty on medical grounds)

Section 8.3(6)—

omit, insert—

(6) The person appointed to a position under subsection (5)—

(a) stops being an officer and is relieved of all powers and duties of a constable at common law or under any Act or law; and

(b) becomes a public service employee under the Public Service Act 2008.

39 Insertion of new pt 8, div 2

Part 8 —

insert—

40 Omission of pt 9A (Police prints)

Part 9A —

omit.

41 Amendment of pt 10, div 1, hdg (Provisions about information disclosure)

Part 10, division 1, heading, ‘information disclosure’—

omit, insert—

use or disclosure of information

42 Amendment of pt 10, div 1, sdiv 1, hdg (Information disclosure generally)

Part 10, division 1, subdivision 1, heading, ‘Information disclosure’—

omit, insert—

Use or disclosure of information

43 Replacement of s 10.1 (Improper disclosure of information)

Section 10.1—

omit, insert—

10.1 Unauthorised use of confidential information

(1) This section applies to a person who—

(a) is or has been—

(i) a member of the service 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

(b) in that capacity, acquired confidential information or has access to, or custody of, confidential information.

(2) This section also applies to a person who has acquired or has access to confidential information—

(a) whether directly or indirectly, from a person mentioned in subsection (1); or

(b) as authorised under an Act, another law or an arrangement with the service.

(3) The person must not use the confidential information other than under this section.
[Note: Maximum penalty—100 penalty units or 2 years imprisonment.]

(4) The person may use the confidential information—

(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

(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

(c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or

(d) if the use is otherwise required or permitted under another law.

(5) In this section—

"confidential information" —

(a) means personal information about an individual or other information of a confidential nature; but

(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.

"personal information" see the Information Privacy Act 2009, section 12.

"use", in relation to information, see section 10.2G.

44 Omission of s 10.2C (Misuse of information obtained under ss 10.2A–10.2B)

Section 10.2C—

omit.

45 Amendment of s 10.2G (Definitions for div 1A)

(1) Section 10.2G, heading, ‘ div 1A ’—omit, insert—division

(2) Section 10.2G, definition "MINDA" —omit.

46 Omission of s 10.2K (Giving information to Queensland Transport to enable Queensland Transport to administer MINDA)

Section 10.2K—

omit.

47 Amendment of s 10.13 (Surrender of equipment)

Section 10.13(3) and (4)—omit.

48 Omission of s 10.14 (Vacating of premises)

Section 10.14—

omit.

49 Amendment of s 10.19 (Offences)

(1) Section 10.19(a)—omit.

(2) Section 10.19(b) to (f)—renumber as section 10.19(a) to (e).

50 Amendment of s 10.23 (Proceedings for offences—general)

(1) Section 10.23(1), from ‘ Justices Act 1886 —’—omit, insert—Justices Act 1886 on the complaint of any officer.

(2) Section 10.23(2) and (3)—omit, insert—

(2) An allegation or statement in a complaint that the complainant is an officer is sufficient proof of the matter alleged or stated in the absence of evidence to the contrary.

(3) A proceeding for an offence against this Act, other than section 10.1 or 10.21BA, must start within the later of the following periods to end—

(a) 1 year after the commission of the offence;

(b) 1 month after the offence comes to the complainant’s knowledge.

(4) A proceeding for an offence against section 10.1 must start within the later of the following periods to end—

(a) 1 year after the commission of the offence;

(b) 6 months after the offence comes to the complainant’s knowledge.

51 Omission of ss 10.26 and 10.27

Sections 10.26 and 10.27—

omit.

52 Insertion of new pt 11, div 14

Part 11 —

insert—

53 Amendment of s 1.4 (Definitions)

(1) Section 1.4, ‘In this Act—’—omit, insert—The dictionary in schedule 2 defines particular words used in this Act.

(2) Section 1.4—insert—

"new prescribed officer" see section 7.42B(1).

"original prescribed officer" see section 7.42A(a).

(3) Section 1.4, definition "criminal history", paragraph (a), ‘the schedule’—omit, insert—schedule 1

(4) Section 1.4, definition "relevant information", ‘the schedule’—omit, insert—schedule 1

(5) Section 1.4, all definitions, as amended by this Act—relocate to schedule 2 as inserted by this Act.

54 Amendment of s 7.12 (When disciplinary proceeding must be started)

(1) Section 7.12(1)(c)—omit, insert—

(c) if a relevant proceeding has been started—6 months from the day the relevant proceeding is finally dealt with.

(2) Section 7.12(3), ‘an abbreviated process notice’—omit, insert—an invitation under section 7.17

(3) Section 7.12(4)—omit, insert—

(4) In this section—

"relevant proceeding" means either of the following proceedings, in relation to conduct that substantially relates to the ground for disciplinary action—

(a) a criminal proceeding started against a member of the service or a former officer within the meaning of section 7A.1(1)(b);

(b) a proceeding for an application for a protection order under the Domestic and Family Violence Protection Act 2012 to which the subject officer is the respondent.

55 Amendment of s 7.13 (When ground for disciplinary action arises)

(1) Section 7.13(7)—insert—

"integrity agency" means a statutory body established under a law of the Commonwealth or another State, the functions of which include the investigation of matters relating to integrity or corruption in the police force or service, or the public service, of the Commonwealth or that State.

"police agency" means a police force or service of the Commonwealth or another State.

(2) Section 7.13(7), definition "prescribed operation", paragraph (c) —omit, insert—

(c) an investigation by the CCC or an integrity agency; or

(d) an investigation carried out by the service, a police agency, the CCC or an integrity agency involving interception of telecommunications authorised by a warrant issued under the Telecommunications (Interception and Access) Act 1979 (Cwlth); or

(e) an investigation involving a surveillance device authorised by a surveillance device warrant issued under the Police Powers and Responsibilities Act 2000; or

(f) an activity, operation or investigation that—

(i) is carried out by a police agency or an integrity agency under a law of the Commonwealth or another State; and

(ii) corresponds or substantially corresponds to an activity, operation or investigation mentioned in paragraph (a), (b) or (c).

56 Amendment of s 7.17 (Requirement to give subject officer an invitation and ability to seek further information)

Section 7.17(2)—insert—

(d) that the subject officer may refuse the invitation by giving the prescribed officer written notice of the refusal within the period mentioned in paragraph (c).

57 Insertion of new s 7.17A

After section 7.17—

insert—

7.17A Ending of proceeding—subject officer does not accept invitation

(1) Subsection (2) applies if the subject officer—

(a) does not give the prescribed officer a written submission and other material within the stated period under section 7.17(2)(c); or

(b) gives the prescribed officer a written notice refusing the invitation within the stated period under section 7.17(2)(d); or

(c) fails to give the prescribed officer the required information within the period stated in section 7.17(5) or the further period stated in section 7.17(6).

(2) The disciplinary proceeding under this division ends and a disciplinary proceeding against the subject officer may be started under division 4.

(3) For starting a disciplinary proceeding against the subject officer under division 4, section 7.12(1)(b) applies as if it referred to the period of 6 months from the following day—

(a) if the subject officer does not give the prescribed officer a written submission and other material within the stated period under section 7.17(2)(c)—the day the stated period ends;

(b) if the subject officer gives the prescribed officer a written notice refusing the invitation within the stated period under section 7.17(2)(d)—the day the notice is given;

(c) if the prescribed officer requires the subject officer to give the prescribed officer required information and the subject officer fails to give the information within the period stated in section 7.17(5) or the further period stated in section 7.17(6)—the day the period or further period ends.

58 Insertion of new pt 7, div 6, sdiv 1 and sdiv 2, hdg

Part 7, division 6 —

insert—

59 Insertion of new s 11.42

After section 11.41, as inserted by this Act—

insert—

11.42 Application of pt 7, div 6, sdiv 1 to disciplinary proceedings started before commencement

Part 7, division 6, subdivision 1 does not apply in relation to a disciplinary proceeding started before the commencement.

60 Amendment and renumbering of schedule (Relevant information)

(1) Schedule, authorising provision, ‘ section 1.4’—omit, insert—schedule 2

(2) Schedule—renumber as schedule 1.

61 Insertion of new sch 2

After schedule 1, as renumbered by this Act—

insert—