Fire Services Act 1990
An Act to establish Queensland Fire and Rescue and Rural Fire Service Queensland, to establish a fund for particular purposes, to provide for the prevention of and response to fires and emergency
Chapter 1 Preliminary
1 Short title
This Act may be cited as the Fire Services Act 1990.
2 Objects of Act
The objects of this Act are—(a)to provide for the prevention of, and responses to, fires and other emergency incidents; and(b)to provide for rescue services and operations; and(c)to establish a framework for the operation, management and administration of Queensland Fire and Rescue and Rural Fire Service Queensland.
2A How objects are to be achieved
The objects of the Act are to be achieved by establishing processes to ensure—(a)ongoing operational and strategic collaboration and coordination between Queensland Fire and Rescue and Rural Fire Service Queensland; and(b)recognition of the valuable role of volunteers in supporting the delivery of fire and emergency services in the State.
3 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
4 Act binds all persons
(1)This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.(2)Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.
Chapter 2 Appointments
Part 1 Commissioner
5 Appointment of commissioner
(1)The Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner.(2)A person is eligible for appointment as commissioner only if the person has—(a)professional firefighting experience; and(b)incident control expertise; and(c)fire prevention expertise.(3)The commissioner is to be appointed under this Act, and not under the Public Sector Act 2022.
6 Salary and conditions
The Governor in Council shall from time to time approve the salary, allowances, and conditions of employment of a person holding office as commissioner.
7 Acting commissioner
(1)The Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during—(a)any vacancy, or all vacancies, in the office; or(b)any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.(2)The Minister’s power to appoint a person to act in the office of commissioner does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954, section 25(1)(b)(iv) and (v).
7A Functions of commissioner
(1)The main functions of the commissioner are—(a)to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and(b)to make recommendations to the Minister about any matter that—(i)relates to the performance of functions or exercise of powers by the commissioner or the fire services; or(ii)may help the Minister in the…