Fire Brigades Act and Fire Safety Act Amendment Act 1985 (Qld)

327 Queeng1anb ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 29 of 1985 An Act to amend the Fire Brigades Act 1964- 1984 and the FireSafety Act 1974- 1984 each in certain particulars [ASSENTED TO 17TH APRIL, 1985]

328 Fire Brigades Act and Fire Safety Act Amendment Act 1985, No. 29 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Fire Brigades Act and Fire Safety Act Amendment Act 1985. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Subject to subsection (1), this Act or the provisions thereof specified by Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY (ss.1-3); PART II-AMENDMENT OF FIRE BRIGADES ACT 1964- 1984 (ss . 4-18); PART III-AMENDMENT OF FIRE SAFETY ACT 1974-1984 (ss.19-23). PART II-AMENDMENT OF FIRE BRIGADES ACT 1964-1984 4. Citation. (1) In this Part the Fire Brigades Act 1964-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Fire Brigades Act 1964-1985. 5. Amendment of s. 1 . Section 1 of the Principal Act is amended by, in subsection (3), omitting the words "STATE FIRE SERVICES COUNCIL:" and substituting the words "QUEENSLAND FIRE SERVICES ASSOCIATION;". 6. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) omitting the definition "Council"; (b) inserting after the definition "Property" the following definition:- "Queensland Fire Services Association"-The Executive of the body registered under and in accordance with the Industrial Conciliation and Arbitration Act 1961-1983 as the Queensland Fire Services Association Union of Employers;".

Fire Brigades Act and Fire Safety Act Amendment Act 1985, No. 29 329 7. Amendment of s. 11 . Section 1 I of the Principal Act is amended by- (a) in subsection (1)- (i) in the first paragraph, omitting all words from and including the words "by it may lie under subsection (2)" to the end of the paragraph and substituting the following words:- "by that Board or any other Board may lie under subsection (2) the Board seeking to fill the vacancy shall- cause a prescribed notification of the existence of the vacancy to be exhibited in a conspicuous place in a part ofeach of the premises used by the Board to which part all persons normally employed by the Board in those premises ordinarily have access; and send a copy of the notification to each other Board so that, in the ordinary course of post, the notification will be received not less than 14 days before the closing date for receipt of applications for appointment to the position."; (ii) adding at the end of subsection (I) the following paragraph:- "A Board that receives notification of the existence of a vacancy in a position with another Board shall forthwith exhibit a copy of the notification in a conspicuous place in a part of each of the premises used by it to which part all persons normally employed by it in those premises ordinarily have access and shall continue to exhibit the copies until the expiration of the closing date for receipt of applications for appointment to the position."; (b) omitting subsection (1A) and substituting the following subsections:- "(1A) Basis for promotion . In the selection of a person for appointment to a vacancy with a Board, consideration shall be given only to the relative efficiency of the persons available for appointment to the vacancy. (I B) For the purposes of subsection (1 A), efficiency means the suitability of a person for the discharge of duties of the kind to be performed in the vacant office concerned, having regard to the following matters:- (a) the capability of the person to discharge those duties; (b) the standard of the work performed by the person in other offices; (c) the reliability and diligence of the person in the discharge of his duties in other offices; (d) any experience possessed by the person relevant to the discharge of those duties; (e) the training and educational qualifications of the person; and

330 Fire Brigades Act and Fire Safety Act Amendment Act 1985, No. 29 (f) any personal qualities of the person relevant to the discharge of those duties."; (c) omitting subsection (2) and substituting the following subsection:- "(2) Appeals against appointments and punishment. If an appointment is made to any position of a permanent and full- time nature with a Board, whether or not the appointee is already in the employment of that Board or any other Board, any person employed by that Board or any other Board on a permanent and full-time basis (other than a person so employed who holds a position of the same classification as that to which the appointment is made)- (a) who duly applied for the position; and (b) who considers that he is more entitled to the position than the appointee, may appeal against the appointment in the manner provided in Schedule II. The only ground of appeal shall.be the greater efficiency of the person making the appeal.". 8. Amendment of s. 12A. Trustees of superannuation scheme . Section 12A of the Principal Act is amended by, in subsection (2), omitting provision (a) and substituting the following words:- "(a) a person nominated by the Minister who shall be chairman of the trustees;". 9. Repeal of Part III . The Principal Act is amended by repealing Part III and substituting the following Part. "PART III-QUEENSLAND FIRE SERVICES ASSOCIATION 19. Duties of Queensland Fire Services Association . (1) Upon the direction of the Minister the Queensland Fire Services Association shall advise the Minister with respect to any of the functions and powers of the Minister, in relation to the administration of this or any other Act or in relation to any other matter specified in the direction. (2) The Queensland Fire Services Association shall perform such other functions for the purposes of this Act as may be prescribed. (3) Liability at law shall not attach to any member of the Queensland Fire Services Association on account of anything done in good faith and without negligence for the purpose of carrying out its functions under this Act.". 10. State Fire Services Council to cease to exist . Upon the commencement of section 9 of this Act, the State Fire Services Council, constituted under Part III of the Principal Act, shall cease to exist and the members thereof shall go out of office.

Fire Brigades Act and Fire Safety Act Amendment Act 1985, No. 29 331 11. Amendment of s. 23B . Powers of Minister . Section 23B of the Principal Act is amended by omitting subsection (3). 12. Amendment of s. 24 . Appointment of officers . Section 24 of the Principal Act is amended by- (a) in subsection (3), in provision (b), omitting the words "purpose of carrying out the functions of the Council" and substituting the words "purposes of this Act"; (b) inserting after subsection (3) the following subsections:- "(3A) The provisions of section I I and Schedule II apply with all necessary modifications to persons appointed by the Minister pursuant to subsection (3) of this section and for the purpose of such application- the Minister shall be deemed to be a Board; references to "By-laws" in section I I and Schedule II shall be read as references to By-laws made by the Minister (he being hereby authorized to make such By-laws in respect of such persons); references to "secretary to a Board" in Schedule II shall be read as references to a person authorized by the Minister to perform such of the duties of a secretary to a Board as are referred to in- Schedule II. (3B) The provisions of section 1 IA apply with all necessary modifications to persons appointed by the Minister pursuant to subsection (3) of this section and for the purpose of such application- the Minister shall be deemed to be a Board; the term "officer" where occurring in section 1 IA includes a person appointed by the Minister pursuant to subsection (3) of this section; and references to "secretary" in section 11 A shall be read as references to a person authorized by the Minister to perform such of the duties of a secretary to a Board as are referred to in section I lA."; (c) in subsection (4), omitting the word "its" occurring after the words "Minister shall. in relation to" and substituting the word "his". 13. Amendment of s. 30B . Interpretation . Section 30B of the Principal Act is amended by- (a) in the definition "prescribed property", omitting provision (c); (b) omitting the expressions "(d)" and "(e)" and substituting the expressions "(c)" and "(d)" respectively.

332 Fire Brigades Act and Fire Safety Act Amendment Act 1985, No. 29 14. Amendment of s. 31. Budget of a Board. Section 31 of the Principal Act is amended by, in subsection (1)- (a) omitting the words "fourteenth day of July" and substituting the words "thirty-first day of March"; (b) in provision (a), omitting the words "ending on the thirtieth day of June" and substituting the words "commencing on the first day of July"; (c) in provision (b)- (i) omitting the words "ending on the thirtieth day of June" and substituting the words "commencing on the first day of July"; (ii) omitting provision (ii) and substituting the following provision:- "(ii) the Commonwealth;"; (iii) omitting the word "and" occurring between provisions (iv) and (v); (iv) adding at the end of provision (v), after the word "Board", the following expression and words:- and (vi) contributions made pursuant to sections 32 and 34 by owners of prescribed properties". 15. New s. 34AA. The Principal Act is amended by inserting after section 34A the following section:- "34AA. Discount for pensioners . (1) In this section the term "pensioner" means- (a) a person who is the holder of a Pensioner Health Benefit Card or Personal Treatment Entitlement Card issued by the Commonwealth Department of Social Security or the Commonwealth Department of Veterans Affairs; or (b) any person declared by Order in Council to be a pensioner for the purposes of this section. (2) The Governor in Council may from time to time by Order in Council declare that each pensioner, who is the owner of a prescribed property that is the principal place of residence of that pensioner, be granted a discount in respect of the payment of contributions pursuant to sections 32 and 34 in respect of that property at such rate as is specified in the Order in Council. (3) If a pensioner who is entitled to a discount pursuant to subsection (2) is not the sole owner of his principal place of residence, the discount to which he shall be entitled shall be an amount that bears to the amount of the discount to which he would have been entitled were he the sole owner, the same

Fire Brigades Act and Fire Safety Act Amendment Act 1985, No. 29 333 proportion as his interest in the property bears to the total of all interests of all owners of the property. For the purposes of this subsection- owners who hold interests in a property as joint tenants shall be deemed to hold interests in the property as tenants in common in equal shares: and a pensioner who holds an interest in a property shall be deemed to also hold any interest in the property held by the spouse of the pensioner.". 16. Amendment of s. 34C. Local Authorities to collect annual contributions by owners of prescribed properties . Section 34C of the Principal Act is amended by, in subsection (10)- (a) omitting the words "During the months of December and May of each year," and substituting the words "On or before such days (being not more than four in any year) as are from time to time declared by Order in Council,". (b) omitting the words "State Fire Services Trust Fund" and substituting the words "Fire Brigades Contributions Trust Fund". 17. Amendment of Schedule I. Schedule I to the Principal Act is amended by- (a) in Part III, repealing rule 26 and substituting the following rule:- "26. Uniforms. (1) A Board may supply the chief officer and the members of a Fire Brigade provided by it with uniforms, accoutrements and other property as approved by the Minister. (2) All uniforms. accoutrements and other property supplied by a Board pursuant to subrule (1) shall, subject to subrule (3), remain the property of the Board. (3) A chief officer or a member of a Fire Brigade shall, upon leaving the service of a Board, deliver to the Board all uniforms, accoutrements and other property supplied to him by the Board unless that person is leaving for the purpose of taking up employment as a chief officer or member of a Fire Brigade provided by another Board whereupon that person shall retain his uniforms and accoutrements, the ownership of which shall be deemed to be transferred to that other Board. (4) If a chief officer or a member of a Fire Brigade, upon leaving the service of a Board, fails to comply with subrule (3), the Board may- if it owes any moneys to that chief officer or member, deduct from those moneys: or

334 Fire Brigades Act and Fire Safety Act Amendment Act 1985, No. 29 recover from that chief officer or member in a court of competent jurisdiction in the same manner as for a debt due and owing to it, an amount equal to the value of the uniforms, accoutrements and other property retained by that chief officer or member. (5) A chief officer or a member of a Fire Brigade provided by a Board shall not use uniforms, accoutrements or other property supplied to him by any Board except- while performing his duties for the Board: or while travelling between his place of abode and place of employment. unless he has obtained the written approval of the Board to such use."; (b) repealing Part IV. 18. Amendment of Schedule II. Schedule II to the Principal Act is amended by- (a) in rule I- (1) inserting the word "and" between provisions (a) and (b); (ii) omitting the expression ". and" occurring between provisions (b) and (c) and substituting the expression (iii) omitting provision (c): (b) in rule 4A- (i) in the words appearing in and at the beginning of the rule, omitting the word "Council" and substituting the words "Minister's representative"; (ii) in subrule (1). omitting the words "the Council" and substituting the words "a person appointed in that behalf by the Minister (hereafter referred to in this rule as the "Minister's representative")"; (iii) in subrules (2) and (3), omitting the word "Council" wherever occurring and substituting the words "Minister's representative" in each case; (iv) in subrule (4), omitting the words "its decision the Council" and substituting the words "his decision the Minister's representative"; (v) in subrules (5) and (6), omitting the word "Council" wherever occurring and substituting the words "Minister's representative" in each case; (vi) in subrule (7), omitting the words "its decision" and substituting the words "the decision of the Minister's representative"; (vii) in subrule (8), omitting the words "Council's decision" and substituting the words "decision of the Minister's representative"; (c) repealing rules 25 and 26.

Fire Brigades Act and Fire Safety Act Amendment Act 1985, No. 29 335 PART III-AMENDMENT OF FIRE SAFETY ACT 1974-1984 19. Citation . (1) In this Part, the Fire Safety Act 1974-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Fire Safety Act 1974-1985. 20. Amendment of s. 5. Meaning of terms. Section 5 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the definition "Council"; (ii) omitting the definition "fire authority" and substituting the following definition:- "fire authority", in relation to premises wherever situated or to be situated, means the Minister;"; (iii) omitting the definition "fire safety officer" and substituting the following definition:- "fire safety officer" means a person appointed as a "fire safety officer" pursuant to the provisions of section 39 of this Act and section 24 of the Fire Brigades Act 1964-1985;",- (b) omitting subsection (4). 21. Repeal of s. 38. Enforcement of Act by fire authorities . Section 38 of the Principal Act is repealed and the following section substituted:- "38. Exclusion of liability . The Minister or any person acting under the authority of the Minister shall not incur any liability in respect of the doing of any act or thing in good faith for the purpose of executing this Act or any function, power, authority or duty of the Minister or that person under this Act and the expenses of the Minister or that person reasonably incurred in such execution shall be an expense authorized by this Act.". 22. Repeal of s. 39. Appointment of persons to enforce Act. Section 39 of the Principal Act is repealed and the following section substituted:- "39. Appointment of persons to enforce Act. The power conferred on the Minister by section 24 (3) of the Fire Brigades Act 1964-1985 to appoint persons for the purposes of that Act includes power to appoint such number of persons as fire safety officers or to act in aid of fire safety officers as the Minister considers necessary for the purposes of this Act.". 23. Continuation of service of existing fire safety officers. Upon the appointment of a person as a fire safety officer or to act in aid of a fire safety officer, pursuant to section 39 of the Fire Safety Act 1974-1985, to perform duties that immediately before the appointment were the

336 Fire Brigades Act and Fire Safety Act Amendment Act 1985, No. 29 duties of a person appointed by a Board as a fire safety officer or to act in aid of a fire safety officer- (a) the last-mentioned person shall continue as an employee of the Board until his service with the Board is duly terminated but he shall not have the functions, powers or duties of a fire safety officer or, as the case may be, a person acting in aid of a fire safety officer; and (b) all records, equipment, furniture and vehicles of the Board relating to or used in connexion with the performance of those duties shall become and be the property of the Minister.