Queensland: Disaster Management Act 2003 (Qld)

Disaster Management Act 2003 An Act to provide for matters relating to disaster management in the State, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Disaster Management Act 2003. 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Objects 3 Main objects of Act The main objects of this Act are as follows— (a) to help communities— (i) mitigate the potential adverse effects of an event; and (ii) prepare for managing the effects of an event; and (iii) effectively respond to, and recover from, a disaster or an emergency situation; (b) to provide for effective disaster management for the State. 4 How the objects are to be primarily achieved The objects are to be achieved primarily by making provision about the following— (a) establishing disaster management groups for the State, disaster districts and local government areas; (b) preparing disaster management plans and guidelines; (c) ensuring communities receive appropriate information about preparing for, responding to and recovering from a disaster; (d) declaring a disaster situation; (e) establishing the Office of the Inspector-General of Emergency Management. 4A Guiding principles This Act is to be administered according to the following principles— (a) disaster management should be planned across the following four phases— (i) prevention, involving the taking of preventative measures to reduce the likelihood of an event occurring or, if an event occurs, to reduce the severity of the event; (ii) preparation, involving the taking of preparatory measures to ensure that, if an event occurs, communities, resources and services are able to cope with the effects of the event; (iii) response, involving the taking of appropriate measures to respond to an event, including action taken and measures planned in anticipation of, during, and immediately after an event to ensure that its effects are minimised and that persons affected by the event are given immediate relief and support; (iv) recovery, involving the taking of appropriate measures to recover from an event, including action taken to support disaster-affected communities in the reconstruction of infrastructure, the restoration of emotional, social, economic and physical wellbeing, and the restoration of the environment; (b) consideration should be given to the improvement of the resilience of a community to a disaster in all 4 phases of disaster management planning under paragraph (a); (c) all events, whether natural or caused by human acts or omissions, should be managed in accordance with the following— (i) a strategic policy framework developed by the QDMC; (ii) the State disaster management plan; (iii) any disaster management guidelines; (d) local governments should primarily be responsible for managing events in their local government area; (e) district groups and the QDMC should provide local governments with appropriate resources and support to help the local governments carry out disaster operations. Division 3 Application 5 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence. 6 Relationship to other Acts about particular declarations (1) Nothing in this Act prevents a person declaring an emergency under another Act. Examples of other Acts— • Public Safety Preservation Act 1986 • State Transport Act 1938 (2) However, the existence of a declaration mentioned in subsection (1) does not prevent the declaration of a disaster situation under this Act. 7Public Safety Preservation Act 1986 , pt 3 , not affected This Act is in addition to, and does not limit, the Public Safety Preservation Act 1986, part 3. 8 Powers under this Act and other Acts (1) This section applies to a person exercising declared disaster powers or rescue powers under this Act. Examples of persons who may be exercising the powers— • an ambulance officer under the Ambulance Service Act 1991 • a fire officer under the Fire Services Act 1990 • a police officer under the Police Service Administration Act 1990 (2) The declared disaster powers and rescue powers are in addition to and do not limit the powers the person may have under another Act. 9 Directions about powers under other Acts during disaster situation (1) This section applies if there is a disaster situation. (2) The chairperson of the QDMC, or a relevant district disaster coordinator for the disaster situation, may give directions about the circumstances in which a power under another Act may be exercised during the period of the disaster situation. (3) However, the chairperson or relevant district disaster coordinator must not give directions about the way in which the power may be exercised. (4) A direction under subsection (2) may be given— (a) only to the person who may exercise the power under the other Act; and (b) only if it is necessary for effective management of the disaster for which the disaster situation is declared. Examples— • The chairperson of the QDMC may direct an authorised person under the Environmental Protection Act 1994 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised. • If the disaster situation involves an outbreak of an animal disease, the chairperson of the QDMC may direct an authorised officer under the Biosecurity Act 2014 to delay exercising particular powers until the chairperson considers it is appropriate in the circumstances for the powers to be exercised. (5) Also, a direction under subsection (2)— (a) may be general or limited to a particular class of persons; and (b) may be given on conditions. (6) Before giving a direction under subsection (2) about the exercise of a power under another Act, the chairperson or relevant district disaster coordinator must take reasonable steps to consult with the chief executive of the department or other agency in which the Act is administered. (7) A failure to consult under subsection (6) does not affect the validity of the direction. (8) Subsection (2) does not apply to the Police Powers and Responsibilities Act 2000 or to terrorist emergency powers or CBR emergency powers under the Public Safety Preservation Act 1986. 10 Limit on application of Act in particular circumstances This Act does not authorise anyone to do, or make preparations to do, any of the following— (a) engage in armed combat against an enemy; (b) put down a riot or other civil disturbance; (c) end a strike or lockout. Division 4 Interpretation 11 Definitions The dictionary in the schedule defines particular words used in this Act. 12 [Repealed] 13 Meaning of disaster (1) A disaster is a serious disruption in a community, caused by the impact of an event, that requires a significant coordinated response by the State and other entities to help the community recover from the disruption. (2) In this section— serious disruption means— (a) loss of human life, or illness or injury to humans; or (b) widespread or severe property loss or damage; or (c) widespread or severe damage to the environment. 14 Meaning of disaster management Disaster management means arrangements about managing the potential adverse effects of an event, including, for example, arrangements for mitigating, preventing, preparing for, responding to and recovering from a disaster. 15 Meaning of disaster operations Disaster operations means activities undertaken before, during or after an event happens to help reduce loss of human life, illness or injury to humans, property loss or damage, or damage to the environment, including, for example, activities to mitigate the adverse effects of the event. 16 Meaning of event (1) An event means any of the following— (a) a cyclone, earthquake, flood, storm, storm tide, tornado, tsunami, volcanic eruption or other natural happening; (b) an explosion or fire, a chemical, fuel or oil spill, or a gas leak; (c) an infestation, plague or epidemic; Example of an epidemic— a prevalence of foot-and-mouth disease (d) a failure of, or disruption to, an essential service or infrastructure; (e) an attack against the State; (f) another event similar to an event mentioned in paragraphs (a) to (e). (2) An event may be natural or caused by human acts or omissions. Division 4A Functions of police commissioner 16A Functions of police commissioner The police commissioner has the following functions for the administration of this Act— (a) to establish and maintain arrangements between the State and the Commonwealth about matters relating to effective disaster management; (b) to ensure that disaster management and disaster operations in the State are consistent with the following— (i) the QDMC's strategic policy framework for disaster management for the State; (ii) the State disaster management plan; (iii) the disaster management standards; (iv) the disaster management guidelines; (c) to ensure that persons performing functions under this Act in relation to disaster operations are appropriately trained; (d) to provide advice and support to the QDMC and local and district groups in relation to disaster management and disaster operations. Part 1A Office of the Inspector-General of Emergency Management Division 1 Establishment 16B Establishment The Office of the Inspector-General of Emergency Management (the office) is established. Division 2 Functions 16C Office's functions The office has the following functions— (a) to regularly review and assess the effectiveness of disaster management by the State, including the State disaster management plan and its implementation; (b) to regularly review and assess the effectiveness of disaster management by district groups and local groups, including district and local disaster management plans; (c) to regularly review and assess cooperation between entities responsible for disaster management in the State, including whether the disaster management systems and procedures employed by those entities are compatible and consistent; (d) to make disaster management standards; (e) to regularly review and assess disaster management standards; (f) to review, assess and report on performance by entities responsible for disaster management in the State against the disaster management standards; (g) to work with entities performing emergency services, departments and the community to identify and improve disaster management capabilities, including volunteer capabilities; (h) to monitor compliance by departments with their disaster management responsibilities; (i) to identify opportunities for cooperative partnerships to improve disaster management outcomes; (j) to report to, and advise, the Minister about issues relating to the functions mentioned in paragraphs (a) to (i); (k) to make all necessary inquiries to fulfil the functions mentioned in this section; (l) to perform a function incidental to a function mentioned in paragraphs (a) to (k). Division 3 Membership of the office 16D Membership of office The office consists of— (a) the inspector-general; and (b) the staff of the office. Division 4 Staff of the office Subdivision 1 Inspector-General of Emergency Management 16E Inspector-General of Emergency Management (1) There is to be an Inspector-General of Emergency Management. (2) The inspector-general is appointed by the Governor in Council on the recommendation of the Minister. (3) The Minister may recommend a person for appointment as the inspector-general only if the Minister is satisfied the person is appropriately qualified to exercise the inspector-general's functions and powers effectively and efficiently. 16F Inspector-general employed under this Act The inspector-general is employed under this Act and not the Public Sector Act 2022. 16G Term of office The inspector-general holds office for the term, of not more than 5 years, stated in the inspector-general's instrument of appointment. 16H Functions of inspector-general (1) The main functions of the inspector-general are as follows— (a) to ensure the effective and efficient administration and operation of the office and the performance of its functions; (b) to manage the staff of the office in accordance with the requirements of this Act and the Public Sector Act 2022. (2) The inspector-general's functions also include any other function given to the inspector-general under this Act or another Act. 16I Conditions of appointment (1) The inspector-general is to be paid the remuneration and allowances decided by the Governor in Council. (2) The inspector-general holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council. 16J Vacancy in office of inspector-general (1) The office of the inspector-general becomes vacant— (a) if the inspector-general— (i) resigns office by signed notice to the Minister giving at least 1 month's notice; or (ii) is convicted of an indictable offence; or (iii) is a person who is an insolvent under administration; or (iv) is removed from office by the Governor in Council under subsection (2); or (b) if the inspector-general is suspended by the Minister under subsection (4)—during the period of the suspension. (2) The Governor in Council may, at any time, remove the inspector-general from office on the recommendation of the Minister. (3) The Minister may recommend the inspector-general's removal only if the Minister is satisfied the inspector-general— (a) has been guilty of misconduct; or (b) is incapable of performing their duties; or (c) has neglected their duties or performed them incompetently. (4) The Minister may suspend the inspector-general for up to 60 days by signed notice to the inspector-general if— (a) there is an allegation of misconduct against the inspector-general; or (b) the Minister is satisfied a matter has arisen in relation to the inspector-general that may be grounds for removal under this section. 16K Preservation of rights of inspector-general (1) This section applies if a person who is a public service employee is appointed as the inspector-general. (2) The person keeps all rights accrued or accruing to the person as a public service employee as if service as the inspector-general were a continuation of service as a public service employee. (3) At the end of the person's term of office or on resignation as the inspector-general, the person's service as the inspector-general is taken to be service of a like nature in the public service for deciding the person's rights as a public service employee. 16L Acting inspector-general The Minister may appoint a person to act in the office of inspector-general during— (a) a vacancy in the office of inspector-general; or (b) any period, or all periods, when the inspector-general is absent from duty, or can not, for another reason, perform the functions of the office. Subdivision 2 Staff 16M Office staff (1) The office may employ the staff it considers appropriate to perform its functions or exercise its powers. (2) The staff are to be employed under the Public Sector Act 2022. Division 5 Disaster management standards 16N Making standards (1) The inspector-general may make 1 or more standards (each a disaster management standard) about the way in which entities responsible for disaster management in the State are to undertake disaster management. 16O Access to standards The inspector-general must ensure the disaster management standards are published on the office's website. Division 6 Miscellaneous 16P Provision of information (1) Subsection (2) applies if the inspector-general considers a public sector unit has information necessary for the performance of the inspector-general's or the office's functions. (2) The inspector-general may ask the public sector unit to give the inspector-general the information within a stated reasonable time. (3) The public sector unit must comply with the request unless it reasonably considers the disclosure of the information— (a) is prohibited under an Act; or (b) is impracticable; or (c) would prejudice the investigation of a contravention, or possible contravention, of a law; or (d) would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or (e) would endanger a person's life or safety. (4) If the public sector unit decides not to comply with the request, the unit must advise the inspector-general of its reasons for not doing so. (5) The inspector-general may enter into an arrangement with a public sector unit about the provision by the unit of information in the unit's possession that is required by the inspector-general. (6) In this section— public sector unit includes the chief executive, however described, of the unit. 16Q Delegations (1) The inspector-general may delegate a function of the inspector-general under this Act to an appropriately qualified person. (2) A delegation of a function may permit the subdelegation of the function. (3) In this section— function includes power or responsibility. Part 2 Disaster management groups Division 1 Queensland Disaster Management Committee Subdivision 1 Establishment and functions of QDMC 17 Establishment A group known as the Queensland Disaster Management Committee (the QDMC) is established. 18 Functions The QDMC has the following functions— (a) to provide strategic leadership for disaster management and disaster operations for the State; (b) to develop a strategic policy framework for disaster management for the State; (c) to ensure effective disaster management is developed and implemented for the State; (d) to ensure arrangements between the State and the Commonwealth about matters relating to effective disaster management are established and maintained; (e) to identify resources, in and outside the State, that may be used for disaster operations; (f) to provide reports and make recommendations that the QDMC considers appropriate about matters relating to disaster management and disaster operations; (g) to prepare, under section 49, the State disaster management plan; (h) to coordinate State and Commonwealth assistance for disaster management and disaster operations; (i) to perform other functions given to the group under this or another Act; (j) to perform a function incidental to a function mentioned in paragraphs (a) to (h). Subdivision 2 Membership of QDMC 19 Membership (1) The QDMC consists of the following members— (a) the persons prescribed by regulation; (b) other persons invited by the chairperson of the QDMC to be members of the group. (2) If the chairperson of the QDMC invites a person to be a member of the group under subsection (1)(b), the person's membership is subject to the conditions decided by the chairperson. Example of a condition— a person's membership is for a limited period 19A Persons who are to assist or carry out other activities relating to the QDMC (1) A regulation may prescribe persons who are to— (a) assist the QDMC in carrying out the group's functions; or (b) carry out other activities prescribed by regulation that relate to the QDMC. (2) Also, the chairperson of the QDMC may invite persons to— (a) assist the QDMC in carrying out the group's functions; or (b) carry out other activities prescribed by regulation that relate to the QDMC. (3) If the chairperson of the QDMC invites a person under subsection (2), the person's invitation is subject to the conditions decided by the chairperson. Example of a condition— a person is invited to assist the QDMC only in relation to a particular meeting of the group 20 Chairperson and deputy chairperson (1) The chairperson and deputy chairperson of the QDMC are the members of the group prescribed by regulation. (2) The chairperson may appoint another member of the QDMC to act as chairperson of the group. (3) The deputy chairperson of the QDMC is to act as chairperson— (a) during a vacancy in the office of chairperson; and (b) if there is no appointee under subsection (2)—during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office; and (c) if there is an appointee under subsection (2)—during all periods when the appointee is absent from duty or for another reason can not perform the functions of the office. 20A Functions of chairperson of QDMC The chairperson of the QDMC has the following functions— (a) to manage and coordinate the business of the group; (b) to ensure, as far as practicable, that the group performs its functions; (c) other functions given to the chairperson under this Act or another Act. 20B Chairperson may give notice about deemed approvals under Planning Act (1) This section applies— (a) if there is a disaster situation; and (b) despite the Planning Act. (2) The chairperson of the QDMC may give a written notice to a relevant local government for the disaster situation stating that the deemed approval provision does not apply to a development application, or change application, (an affected application) made to the local government but not decided before the day the local government receives the notice. (3) The chairperson may give the notice only if satisfied the giving of the notice is appropriate having regard to the effect on the relevant local government of the disaster for which the disaster situation has been declared. (4) The notice must state— (a) a day (the stated day), being not more than 20 business days after the disaster situation ends, the notice ceases to have effect; and (b) how the notice affects any affected applications. (5) As soon as practicable after giving a notice to a local government under subsection (2), the chairperson must ensure the following is published on the website of the department in which the Planning Act is administered— (a) a statement that the notice has been given to the local government; (b) a copy of the notice. (6) If a notice is given to a local government under subsection (2)— (a) the deemed approval provision is taken not to apply to an affected application— (i) from the day the local government receives the notice; and (ii) to the end of the stated day; and (b) the applicant for the affected application can not give a deemed approval notice under the Planning Act for the application until after the end of the stated day; and (c) a deemed approval notice given, or purportedly given, under the Planning Act for the application after the day the local government receives the notice under subsection (2), and before the stated day ends, is taken to be of no effect under that Act. (7) In this section— change application means a change application under the Planning Act, other than a change application for a minor change to a development approval, as defined in that Act. deemed approval provision means the Planning Act, section 64. development application means a development application under the Planning Act. Planning Act means the Planning Act 2016. relevant local government, for a disaster situation, means a local government in whose local government area the declared area, or part of the declared area, for the disaster situation is situated. Subdivision 3 Support of QDMC 21 Police commissioner to appoint executive officer of the QDMC The police commissioner must appoint an executive officer of the QDMC. 21A Executive officer to provide support The executive officer must provide support to the QDMC, as directed by the chairperson of the QDMC, to help it perform its functions, including the following— (a) providing executive support at meetings of the QDMC; (b) calling meetings of the QDMC; (c) providing any other executive support the chairperson considers necessary. 21B State disaster coordinator (1) The chairperson of the QDMC must appoint one of the following persons as a State disaster coordinator to coordinate disaster operations for the group— (a) a deputy commissioner of the police service; (b) another person the chairperson decides, after considering the nature of the disaster operations, should be appointed to coordinate the operations. (2) The chairperson must consult with the police commissioner before making the appointment. (3) The appointment must be in writing and may only be terminated in writing. (4) The chairperson may only appoint a person, other than a deputy commissioner of the police service, as a State disaster coordinator if the chairperson is satisfied the person has the necessary expertise or experience to perform the functions of a State disaster coordinator. 21C Functions of State disaster coordinator (1) The State disaster coordinator has the following functions— (a) to coordinate the disaster response operations for the QDMC; (b) to report regularly to the QDMC about disaster response operations; (c) to ensure, as far as reasonably practicable, that any strategic decisions of the QDMC about disaster response operations are implemented; (d) to provide strategic advice on disaster response operations to district disaster coordinators. (2) In this section— disaster response operations means the phase of disaster operations that relates to responding to a disaster. 21CA State recovery policy and planning coordinator (1) The role of the State recovery policy and planning coordinator is to be performed by— (a) the chief executive officer of the Queensland Reconstruction Authority under the Queensland Reconstruction Authority Act 2011; or (b) if the chief executive officer is unable to perform the functions of the office—an appropriately qualified person appointed by the chairperson of the QDMC. (2) The appointment must be in writing and may be terminated only in writing. 21CB Functions of State recovery policy and planning coordinator (1) The State recovery policy and planning coordinator has the following functions— (a) to make policies and plans for the QDMC about coordinating effective disaster recovery operations; (b) to liaise with, and advise, the State disaster coordinator about disaster recovery operations; (c) without limiting paragraph (b), to work with the State disaster coordinator to transition from disaster response operations to disaster recovery operations; (d) to oversee the implementation of policies for effective disaster recovery operations and for improving resilience of the State; (e) if a State recovery coordinator is appointed for a disaster—to liaise with, and advise, the State recovery coordinator about coordinating the disaster recovery operations for the disaster; (f) to report regularly to the QDMC about the coordination of disaster recovery operations; (g) to otherwise coordinate disaster recovery operations for the QDMC. (2) In this section— disaster response operations see section 21C(2). 21D State recovery coordinator (1) The chairperson of the QDMC may appoint a person as the State recovery coordinator for a disaster if the chairperson is satisfied that— (a) it is necessary for a State recovery coordinator to be appointed for the disaster; and (b) the person has the necessary expertise or experience to perform the functions of the State recovery coordinator. (2) Before appointing a person as the State recovery coordinator for a disaster, the chairperson of the QDMC must consult with the State recovery policy and planning coordinator. (3) The appointment must be in writing and may only be terminated in writing. (4) The chairperson of the QDMC must terminate the appointment if the chairperson decides that it is no longer necessary for a State recovery coordinator to coordinate disaster recovery operations for the disaster. (5) The chairperson must advise the QDMC of the termination of the appointment. 21E Functions of State recovery coordinator The State recovery coordinator for a disaster has the following functions— (a) to coordinate the disaster recovery operations for the disaster; (b) to liaise with, and advise, the State recovery policy and planning coordinator about the disaster recovery operations; (c) to report regularly about the disaster recovery operations to the State recovery policy and planning coordinator; (d) to report about the disaster recovery operations to the chairperson of the QDMC as directed by the chairperson; (e) to ensure, as far as reasonably practicable, that any strategic decisions of the QDMC relevant to the disaster recovery operations are implemented; (f) to provide strategic advice on the disaster recovery operations to government agencies performing disaster recovery operations for the disaster. Division 1A State Disaster Management Group 21F Establishment A group known as the State Disaster Management Group (the SDM group) is established. 21G Functions and powers (1) The SDM group has the following functions— (a) to provide timely strategic oversight of, and support for, disaster management and disaster operations for the State; (b) to consider strategies and policies for managing a disaster and to give advice to the QDMC about implementing the strategies and policies; (c) other functions given to the group under this Act or another Act; (d) functions incidental to a function mentioned in paragraph (a), (b) or (c). (2) The SDM group has power to do anything necessary or convenient to be done for the performance of its functions. 21H Membership (1) The SDM group consists of the following members— (a) the persons prescribed by regulation; (b) other persons invited by the chairperson of the group to be members of the group. (2) If the chairperson of the SDM group invites a person to be a member of the group under subsection (1)(b), the person's membership is subject to the conditions decided by the chairperson. Example of a condition— a person's membership is for a limited period 21I Chairperson and deputy chairperson (1) The chairperson of the SDM group is the member of the group prescribed by regulation as the chairperson. (2) The deputy chairperson of the SDM group is the member of the group prescribed by regulation as the deputy chairperson. (3) The chairperson may appoint another member of the SDM group to act as chairperson of the group. (4) The deputy chairperson of the SDM group must act as the chairperson— (a) during a vacancy in the office of chairperson; and (b) if there is no appointee under subsection (3)—whenever the chairperson is absent from duty or for another reason can not perform the functions of the office; and (c) if there is an appointee under subsection (3)—whenever the appointee is absent from duty or for another reason can not perform the functions of the office. 21J Functions of chairperson The chairperson of the SDM group has the following functions— (a) to manage and coordinate the business of the group; (b) to ensure, as far as practicable, that the group performs its functions. 21K Conduct of business and meetings The SDM group may conduct its business, including its meetings, in the way it considers appropriate. 21L Police commissioner to appoint executive officer of SDM group The police commissioner must appoint an executive officer of the SDM group. 21M Executive officer to provide support The executive officer must provide support to the SDM group, as directed by the chairperson of the group, to help the group perform its functions, including the following— (a) calling meetings of the group; (b) providing executive support at meetings of the group; (c) providing any other executive support the chairperson considers necessary. Division 2 District disaster management groups Subdivision 1 Establishment and functions 22 Establishment A District Disaster Management Group (a district group) is established for each disaster district. 23 Functions A district group has the following functions for the disaster district for which it is established— (a) to ensure that disaster management and disaster operations in the district are consistent with the QDMC's strategic policy framework for disaster management for the State; (b) to develop effective disaster management for the district, including a district disaster management plan, and regularly review and assess that disaster management; (c) to provide reports and make recommendations to the QDMC about matters relating to disaster management and disaster operations in the district; (d) to regularly review and assess— (i) the disaster management of local groups in the district; and (ii) local disaster management plans prepared by local governments whose areas are in the district; (e) to ensure that any relevant decisions and policies made by the QDMC are incorporated in its disaster management, and the disaster management of local groups in the district; (f) to ensure the community is aware of ways of mitigating the adverse effects of an event, and preparing for, responding to and recovering from a disaster; (g) to coordinate the provision of State resources and services provided to support local groups in the district; (h) to identify resources that may be used for disaster operations in the district; (i) to make plans for the allocation, and coordination of the use, of resources mentioned in paragraph (h); (j) to establish and review communications systems in the group, and with and between local groups in the district, for use when a disaster happens; (k) to ensure information about an event or a disaster in the district is promptly given to the QDMC and each local group in the district; (l) to prepare, under section 53, a district disaster management plan; (m) to perform other functions given to the group under this Act; (n) to perform a function incidental to a function mentioned in paragraphs (a) to (m). Subdivision 2 Membership 24 Membership (1) A district group consists of the persons prescribed by regulation to be members of the group. (2) A regulation under this section may provide for— (a) the appointment of the members of a district group; and (b) the qualifications and experience required for a person to be a member of a district group. 25 Chairperson and deputy chairperson (1) There is a chairperson and a deputy chairperson of a district group. (2) The chairperson and deputy chairperson are the persons prescribed by regulation. (3) A regulation under this section may provide for— (a) the appointment of the chairperson and deputy chairperson of a district group; and (b) the qualifications and experience required for a person to be the chairperson or deputy chairperson. 25A District disaster coordinator The chairperson of a district group is also the district disaster coordinator of the district group. 26 Functions of chairperson of district group The chairperson of a district group has the following functions— (a) to manage and coordinate the business of the group; (b) to ensure, as far as practicable, that the group performs its functions; (c) to report regularly to the QDMC about the performance by the district group of its functions. 26A Function of district disaster coordinator The function of the district disaster coordinator is to coordinate disaster operations in the disaster district for the group. 27 Executive officer of district group (1) The police commissioner is to appoint a person as the executive officer of the district group. (2) The police commissioner may appoint a person under subsection (1) only if satisfied the person has the necessary expertise or experience to perform the functions of the executive officer of the district group. 28 Functions of executive officer of district group The function of the executive officer of a district group is to support the group in the performance of its functions, as directed by the chairperson of the district group. Subdivision 3 Temporary district groups 28A Temporary disaster district groups (1) This section applies if the chairperson of the QDMC is satisfied that a disaster has happened, is happening or is likely to happen, in two or more adjoining disaster districts. (2) The chairperson may, after consulting with the police commissioner, establish a temporary district disaster management group (a temporary district group) for the districts. (3) The temporary district group is responsible, as directed by the chairperson, for the management of the disaster for the districts. (4) The chairperson must publish details of the districts for which the temporary district group is established by gazette notice. (5) The chairperson must dissolve the temporary district group when the chairperson is satisfied that it is no longer required. 28B Membership (1) A temporary district group consists of the persons prescribed by regulation to be members of the group. (2) A regulation under this section may provide for— (a) the appointment of the members of a temporary district group; and (b) the qualifications and experience required for a person to be a member of a temporary district group. 28C Chairperson and deputy chairperson (1) There is a chairperson and a deputy chairperson of a temporary district group. (2) The chairperson and deputy chairperson are the persons prescribed by regulation. (3) A regulation under this section may provide for— (a) the appointment of the chairperson and deputy chairperson of a temporary district group; and (b) the qualifications and experience required for a person to be the chairperson or deputy chairperson. 28D Functions of chairperson of temporary district group The chairperson of a temporary district group has the following functions— (a) to manage and coordinate the business of the group; (b) to ensure, as far as practicable, that the group performs its functions; (c) to report regularly to the QDMC about the performance by the temporary district group of its functions. 28E Temporary district disaster coordinator The chairperson of a temporary district group is also the district disaster coordinator of the group. 28F Function of temporary district disaster coordinator The function of the temporary district disaster coordinator is to coordinate disaster operations in the temporary disaster district for the group. Division 3 Local government disaster management groups Subdivision 1 Establishment and functions 29 Establishment A local government must establish a Local Disaster Management Group (a local group) for the local government's area. 30 Functions A local group has the following functions for its area— (a) to ensure that disaster management and disaster operations in the area are consistent with the QDMC's strategic policy framework for disaster management for the State; (b) to develop effective disaster management, and regularly review and assess the disaster management; (c) to help the local government for its area to prepare a local disaster management plan; (d) to identify, and provide advice to the relevant district group about, support services required by the local group to facilitate disaster management and disaster operations in the area; (e) to ensure the community is aware of ways of mitigating the adverse effects of an event, and preparing for, responding to and recovering from a disaster; (f) to manage disaster operations in the area under policies and procedures decided by the QDMC; (g) to provide reports and make recommendations to the relevant district group about matters relating to disaster operations; (h) to identify, and coordinate the use of, resources that may be used for disaster operations in the area; (i) to establish and review communications systems in the group, and with the relevant district group and other local groups in the disaster district of the relevant district group, for use when a disaster happens; (j) to ensure information about a disaster in the area is promptly given to the relevant district group; (k) to perform other functions given to the group under this Act; (l) to perform a function incidental to a function mentioned in paragraphs (a) to (k). Subdivision 2 Application of sections 29 and 30 in particular circumstances 31 Local governments may combine Despite section 29, 2 or more local governments (the combined local government) may, with the approval of the Minister and the district disaster coordinator for the disaster district in which the local governments are situated, agree to unite for the purpose of establishing a local group. 32 Application of ss 29 and 30 (1) This section applies if 2 or more local governments agree as mentioned in section 31. (2) Sections 29 and 30 apply to the combined local government and local group as if— (a) a reference to a local government were a reference to a combined local government; and (b) a reference to the local government's area or the local group's area were a reference to the area of the combined local government. Subdivision 3 Membership 33 Membership (1) A local group consists of the persons prescribed by regulation to be members of the group. (2) A regulation under this section may provide for— (a) the appointment of the members of a local group; and (b) the qualifications and experience required for a person to be a member of a local group. 34 Chairperson and deputy chairperson (1) There is a chairperson and a deputy chairperson of a local group. (2) The chairperson and deputy chairperson are the persons prescribed by regulation. (3) A regulation under this section may provide for— (a) the appointment of the chairperson and deputy chairperson of a local group; and (b) the qualifications and experience required for a person to be the chairperson or deputy chairperson. 34A Functions of chairperson of local group The chairperson of a local group has the following functions— (a) to manage and coordinate the business of the group; (b) to ensure, as far as practicable, that the group performs its functions; (c) to report regularly to the relevant district group, and the police commissioner, about the performance by the local group of its functions. 35 Local disaster coordinator (1) The chairperson of the local group must, after consulting with the police commissioner, appoint the chief executive officer or an employee of the relevant local government as a local disaster coordinator of the group. (2) The chairperson of the local group may appoint a person mentioned in subsection (1) as a local disaster coordinator of the group only if satisfied the person has the necessary expertise or experience to be a local disaster coordinator. (3) The appointment under subsection (2) must be in writing and may only be revoked in writing. 36 Functions of local disaster coordinator The local disaster coordinator has the following functions— (a) to coordinate disaster operations for the local group; (b) to report regularly to the local group about disaster operations; (c) to ensure, as far as practicable, that any strategic decisions of the local group about disaster operations are implemented. 37 Notice about membership of local group The relevant local government for a local group must, at least once a year, give written notice of the members of the group to— (a) the police commissioner; and (b) the chairperson of the district group for the disaster district in which the local group is situated. Division 4 Business and meetings for disaster management groups 38 Conduct of business and meetings (1) A disaster management group must conduct its business, including its meetings, in the way prescribed by regulation. (2) Subject to a regulation made under subsection (1), a disaster management group may conduct its business, including its meetings, in the way it considers appropriate. 39 [Repealed] 40 [Repealed] 40A [Repealed] 41 [Repealed] 42 [Repealed] 43 [Repealed] Division 5 Annual report, and directions about functions Subdivision 1 Annual report 44 Annual report (1) As soon as practicable after the end of each financial year, the QDMC must— (a) prepare a written report about disaster management in the State; and (b) present the report to the chairperson of the QDMC; and (c) publish the report on an appropriate website providing information to the public. (2) The report must include the following— (a) information about activities undertaken during the financial year to maintain or enhance the State's disaster management; (b) details of disaster operations performed during the financial year; (c) information about priorities for disaster management; (d) other matters about disaster management the QDMC considers appropriate. (3) Before publication under subsection (1)(c), the report must be approved by— (a) if the chairperson of the QDMC considers it appropriate to approve the report—the chairperson; or (b) otherwise—the QDMC. 45 [Repealed] Subdivision 2 Directions about functions 46 Chairperson of QDMC may give directions (1) The chairperson of the QDMC may give a district group a written direction about the performance of the district group's functions if satisfied it is necessary to give the direction to ensure the functions are performed appropriately. (2) Before giving the direction, the chairperson must consult with the district disaster coordinator of the district group. (3) Subject to subsection (4), the direction must be written. (4) The direction may be given orally if the chairperson is satisfied it is not practicable to give a written direction in all the circumstances. (5) If the direction is given orally, the chairperson must put it in writing as soon as reasonably practicable. (6) The district group must comply with the direction. 47 District disaster coordinator may give directions (1) A district disaster coordinator for a disaster district may give a local group in the district a written direction about the performance of the group's functions if satisfied it is necessary to give the direction to ensure the functions are performed appropriately. (2) Before giving the direction, the district disaster coordinator must consult with the chairperson of the local group. (3) Subject to subsection (4), the direction must be written. (4) The direction may be given orally if the district disaster coordinator is satisfied it is not practicable to give a written direction in all the circumstances. (5) If the direction is given orally, the district disaster coordinator must put it in writing as soon as reasonably practicable. (6) The local group must comply with the direction. Division 6 Committees for disaster management groups 48 Committees (1) The Minister or chairperson of the QDMC may establish committees to perform any of the following functions— (a) to help a disaster management group perform its functions; (b) to advise and make recommendations to the Minister or a disaster management group about matters relating to disaster management referred by the Minister or disaster management group to the committee; (c) to perform another function, decided by the Minister or chairperson of the QDMC, incidental to a function mentioned in paragraph (a) or (b). (2) The Minister or chairperson of the QDMC may appoint an individual to a committee if satisfied the individual has the necessary expertise or experience to help the committee to perform its functions. (3) A committee may conduct its business, including its meetings, in the way it considers appropriate. Division 7 Requirement for disaster management groups to consult 48A Essential services providers (1) If the chairperson of a disaster management group considers a provider of essential services can help the group perform its functions, the group must consult with the provider in performing the functions. Examples of essential services— gas, electricity, telecommunications, water, sewerage infrastructure (2) The group may consult with the provider by, for example— (a) inviting the provider to attend meetings held by the group; or (b) seeking the provider's advice in providing reports and making recommendations about matters relating to disaster management and disaster operations; or (c) seeking the provider's advice in preparing disaster management plans. Part 3 Disaster management plans and guidelines Division 1 State disaster management plan 49 State plan for disaster management (1) The QDMC must prepare a plan (the State disaster management plan) for disaster management for the State. (2) The plan must include provision for the following— (a) the group's strategic policy framework for disaster management for the State; (b) the roles and responsibilities of entities involved in disaster operations and disaster management for the State; (c) the coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b); (d) events that are likely to happen in the State; (e) priorities for disaster management for the State; (f) the matters stated in the disaster management guidelines as matters to be included in the plan; (g) other matters about disaster management the group considers appropriate or that are prescribed under a regulation. (3) The plan must be approved by— (a) if the chairperson of the QDMC considers it appropriate to approve the plan—the chairperson; or (b) otherwise—the QDMC. (4) The chairperson of the QDMC must give a copy of the plan to each district group and local group. 50 Requirements of plan The State disaster management plan must be consistent with the disaster management standards and disaster management guidelines. 51 Reviewing and renewing plan (1) The QDMC may review, or renew, the State disaster management plan when the group considers it appropriate. (2) If the QDMC renews the State disaster management plan, the chairperson of the group must give a copy of the new plan to each district group and local group. 52 Plan to be available for inspection etc. (1) The chairperson of the QDMC must ensure a copy of the State disaster management plan is available for inspection, free of charge, by members of the public— (a) at the department's head office; and (b) on the department's website; and (c) at other places the chairperson of the group considers appropriate. (2) The group must, on payment of the appropriate fee, give a person a copy of the plan. (3) In this section— appropriate fee means the fee, decided by the chairperson of the QDMC, that is no more than the reasonable cost of providing the copy. Division 2 Disaster management plans for disaster districts 53 Plan for disaster management in disaster district (1) A district group must prepare a plan (a district disaster management plan) for disaster management in the disaster district for the group. (2) The plan must include provision for the following— (a) the QDMC's strategic policy framework for disaster management for the State; (b) the roles and responsibilities of entities involved in disaster operations and disaster management in the district; (c) the coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b); (d) events that are likely to happen in the district; (e) priorities for disaster management for the district; (f) the matters stated in the disaster management guidelines as matters to be included in the plan; (g) other matters about disaster management in the disaster district the group considers appropriate. 54 Requirements of plan A district disaster management plan must be consistent with the disaster management standards and disaster management guidelines. 55 Reviewing and renewing plan (1) A district group may review, or renew, its district disaster management plan when the group considers it appropriate. (2) However, the group must review the effectiveness of the plan at least once a year. 56 Plan to be available for inspection etc. (1) A district group must ensure a copy of its district disaster management plan is available for inspection, free of charge, by members of the public— (a) on the website of the Queensland Police Service; and (b) at other places the chairperson of the group considers appropriate. (2) The group must, on payment of the appropriate fee, give a person a copy of the plan. (3) In this section— appropriate fee means the fee, decided by the chairperson of the district group, that is no more than the reasonable cost of providing the copy. Division 3 Disaster management plans for local governments Subdivision 1 Disaster management plans 57 Plan for disaster management in local government area (1) A local government must prepare a plan (a local disaster management plan) for disaster management in the local government's area. (2) The plan must include provision for the following— (a) the QDMC's strategic policy framework for disaster management for the State, and the local government's policies for disaster management; (b) the roles and responsibilities of entities involved in disaster operations and disaster management in the area; (c) the coordination of disaster operations and activities relating to disaster management performed by the entities mentioned in paragraph (b); (d) events that are likely to happen in the area; (e) strategies and priorities for disaster management for the area; (f) the matters stated in the disaster management guidelines as matters to be included in the plan; (g) other matters about disaster management in the area the local government considers appropriate. 58 Requirements of plan A local disaster management plan must be consistent with the disaster management standards and disaster management guidelines. 59 Reviewing and renewing plan (1) A local government may review, or renew, its local disaster management plan when the local government considers it appropriate. (2) However, the local government must review the effectiveness of the plan at least once a year. 60 Plan to be available for inspection etc. (1) A local government must ensure a copy of its local disaster management plan is available for inspection, free of charge, by members of the public— (a) at the local government's head office; and (b) on the local government's website; and (c) at other places the chief executive officer of the local government considers appropriate. (2) The local government must, on payment of the appropriate fee, give a person a copy of the plan. (3) In this section— appropriate fee means the fee, decided by the chief executive officer of the local government, that is no more than the reasonable cost of providing the copy. Subdivision 2 Application of subdivision 1 in particular circumstances 61 Local governments may combine Despite section 57(1), 2 or more local governments (also the combined local government) may, with the approval of the Minister and the district group for the disaster district in which the local governments are situated, agree to unite for the purpose of preparing a local disaster management plan. 62 Application of sdiv 1 (1) This section applies if 2 or more local governments agree as mentioned in section 61. (2) Subdivision 1 applies to the combined local government as if— (a) a reference to a local government were a reference to a combined local government; and (b) a reference to the local government's area were a reference to the area of the combined local government; and (c) a reference to the local government's head office were a reference to the head office of each local government that is a part of the combined local government; and (d) a reference to the chief executive officer of the local government were a reference to the chief executive officer of each local government that is a part of the combined local government. Division 4 Guidelines 63 Guidelines about disaster management plans (1) The police commissioner may prepare guidelines to inform the QDMC, district groups and local governments about matters relating to any of the following— (a) the preparation of disaster management plans; (b) the matters to be included in a disaster management plan; (c) other matters about the operation of a district group or local group the police commissioner considers appropriate having regard to disaster management for the State. (2) If the police commissioner prepares a guideline under subsection (1), the police commissioner must give a copy of the guideline to— (a) if the guideline relates to the QDMC—the QDMC; or (b) if the guideline relates to district groups—each district group; or (c) if the guideline relates to local governments—each local government. (3) If the police commissioner amends a guideline, the police commissioner must give a copy of the amendment or the amended guideline to— (a) if the guideline relates to the QDMC—the QDMC; or (b) if the guideline relates to district groups—each district group; or (c) if the guideline relates to local governments—each local government. (4) The police commissioner must keep a copy of each guideline, as in force from time to time, available for inspection, free of charge, by members of the public at— (a) the department's head office; and (b) other places the police commissioner considers appropriate. (5) The guideline may be made available in written or electronic form. Part 4 Provisions for declarations of disaster situation Division 1 Declarations Subdivision 1 Declaration of disaster situation by district disaster coordinator 64 Declaration (1) A district disaster coordinator for a disaster district may, with the approval of the Minister, declare a disaster situation for the district, or a part of it, if satisfied— (a) a disaster has happened, is happening or is likely to happen, in the disaster district; and (b) it is necessary, or reasonably likely to be necessary, for the district disaster coordinator or a declared disaster officer to exercise declared disaster powers to prevent or minimise any of the following— (i) loss of human life; (ii) illness or injury to humans; (iii) property loss or damage; (iv) damage to the environment. (2) Before declaring the disaster situation, the district disaster coordinator must take reasonable steps to consult with— (a) the district group for the disaster district; and (b) each local government whose area is in, or partly in, the declared area for the disaster situation. (3) A failure to consult under subsection (2) does not affect the validity of the declaration. 65 Form and notice of declaration (1) A declaration of a disaster situation under section 64(1) must be in the approved form. (2) The approved form must include provision for the following— (a) the time and date of the Minister's approval; (b) the time and date of the declaration; (c) the declared area for the disaster situation. (3) As soon as practicable after the disaster situation is declared, the Minister must give notice of the declaration by gazette notice. (4) The gazette notice must include— (a) the time and date of the declaration; and (b) details of the declared area for the disaster situation. (5) Despite subsection (1), a declaration of a disaster situation can be made orally if the district disaster coordinator is satisfied it is necessary to exercise declared disaster powers under section 64(1)(b) before an approved form can be obtained and completed. (6) To remove any doubt, subsection (5) does not authorise an oral declaration if the district disaster coordinator is satisfied only that it is reasonably likely to be necessary to exercise declared disaster powers under section 64(1)(b). (7) If an oral declaration of a disaster situation is made under subsection (5), the declaration of the disaster situation must be recorded in the approved form under subsections (1) and (2) as soon as is reasonably practicable after the oral declaration is made. 66 Duration The disaster situation— (a) starts when it is declared under section 64(1); and (b) unless either of the following happens, ends 14 days after the day it is declared— (i) the Minister soon