Queensland Consolidated Acts

DISASTER MANAGEMENT ACT 2003

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Objects

   3.      Main objects of Act
   4.      How the objects are to be primarily achieved
   4A.     Guiding principles

           Division 3--Application

   5.      Act binds all persons
   6.      Relationship to other Acts about particular declarations
   7.      Public Safety Preservation Act 1986, pt 3, not affected
   8.      Powers under this Act and other Acts
   9.      Directions about powers under other Acts during disaster situation
   10.     Limit on application of Act in particular circumstances

           Division 4--Interpretation
           Subdivision 1--Dictionary and notes in text

   11.     Definitions
   12.     Notes in text

           Subdivision 2--Particular definitions

   13.     Meaning of disaster
   14.     Meaning of disaster management
   15.     Meaning of disaster operations
   16.     Meaning of event

           Division 4A--Functions of chief executive

   16A.    Functions of chief executive

           Part 2--Disaster management groups and committees

           Division 1--State Disaster Management Group
           Subdivision 1--Establishment and functions

   17.     Establishment
   18.     Functions
           Subdivision 2--Membership
   19.     Membership
   20.     Chairperson and deputy chairperson
   20A.    Functions of chairperson of State group
   20B.    Chairperson may give notice about deemed approvals under Sustainable Planning Act
   21.     Commissioner of police service to appoint executive officer of the State group
   21A.    Executive officer to provide support
   21B.    State disaster coordinator
   21C.    Functions of State disaster coordinator
   21D.    State recovery coordinator
   21E.    Functions of State recovery coordinator
           Division 2 D
           istrict DISASTER MANAGEMENT GROUPs
           Subdivision 1--Establishment and functions
   22.     Establishment
   23.     Functions
           Subdivision 2--Membership
   24.     Membership
   25.     Chairperson and deputy chairperson
   25A.    District disaster coordinator
   26.     Functions of chairperson of district group
   26A.    Function of district disaster coordinator
   27.     Executive officer of district group
   28.     Functions of executive officer of district group
           Subdivision 3--Temporary district groups
   28A.    Temporary disaster district groups
   28B.    Membership of temporary district group
   28C.    Appointment of chairperson and deputy chairperson of temporary district group
   28D.    Functions of chairperson of temporary district group
   28E.    Temporary district disaster coordinator
   28F.    Function of temporary district disaster coordinator

           Division 3--Local government disaster management groups
           Subdivision 1--Establishment and functions

   29.     Establishment
   30.     Functions
           Subdivision 2--Application of sections 29 and 30 in particular circumstances
   31.     Local governments may combine
   32.     Application of ss 29 and 30
           Subdivision 3--Membership
   33.     Membership
   34.     Chairperson and deputy chairperson of local group
   34A.    Functions of chairperson of local group
   35.     Local disaster coordinator
   36.     Functions of local disaster coordinator
   37.     Notice about membership of local group

           Division 4--Business and meetings for disaster management groups

   38.     Conduct of business
   39.     Times and places of meetings
   40.     Quorum
   40A.    Meeting deputies for particular members
   41.     Presiding at meetings
   42.     Conduct of meetings
   43.     Minutes

           Division 5--Annual report, and directions about functions
           Subdivision 1--Annual report

   44.     Annual report
           Subdivision 2--Directions about functions
   45.     Minister may give directions
   46.     Chairperson of State group may give directions
   47.     District disaster coordinator may give directions

           Division 6--Committees for disaster management groups

   48.     Committees

           Division 7--Requirement for disaster management groups to consult

   48A.    Essential services providers

           Part 3--Disaster management plans and guidelines

           Division 1--State disaster management plan

   49.     State plan for disaster management
   50.     Requirements of plan
   51.     Reviewing and renewing plan
   52.     Plan to be available for inspection etc.

           Division 2--Disaster management plans for disaster districts

   53.     Plan for disaster management in disaster district
   54.     Requirements of plan
   55.     Reviewing and renewing plan
   56.     Plan to be available for inspection etc.

           Division 3--Disaster management plans for local governments
           Subdivision 1--Disaster management plans

   57.     Plan for disaster management in local government area
   58.     Requirements of plan
   59.     Reviewing and renewing plan
   60.     Plan to be available for inspection etc.
           Subdivision 2--Application of subdivision 1 in particular circumstances
   61.     Local governments may combine
   62.     Application of sdiv 1

           Division 4--Guidelines

   63.     Guidelines about disaster management plans

           Part 4--Provisions for declarations of disaster situation

           Division 1--Declarations
           Subdivision 1--Declaration of disaster situation by district disaster coordinator

   64.     Declaration
   65.     Form and notice of declaration
   66.     Duration
   67.     Extending disaster situation
   67A.    Declaration extending disaster situation
   68.     Ending disaster situation
           Subdivision 2--Declaration of disaster situation by Minister and Premier
   69.     Declaration
   70.     Form and notice of declaration
   71.     Duration
   72.     Extending disaster situation
   72A.    Declaration extending disaster situation
   73.     Ending disaster situation

           Division 2--Authorising persons, and powers, for disaster situations
           Subdivision 1--Preliminary

   74.     Application of div 2
           Subdivision 2--Authorising persons to exercise declared disaster powers
   75.     Authorisation for disaster situation
           Subdivision 3--Powers of district disaster coordinators and declared disaster officers
   76.     General provision about powers
   77.     General powers
   78.     Power to give direction about property
   79.     Requirements for direction about property
           p
           art 5
           f
           unctions of local governments
   80.     Functions of local government

           Part 6--State Emergency Service

           Division 1--Establishment and functions

   81.     Establishment of SES
   82.     Functions

           Division 2--Responsibilities of chief executive for the SES

   83.     Responsibilities of chief executive

           Division 3--Membership

   84.     Membership
   84A.    Establishment of SES units
   85.     Local controller of SES unit
   86.     Function of local controller

           Division 4--Functions of SES units

   87.     Functions of SES unit
   88.     Notice of functions

           Division 5--Agreements

   88A.    Agreements between department and each local government to define responsibilities of each party

           Part 7--Emergency service units

           Division 1--Establishment and functions

   89.     Establishment of ES units
   90.     Functions
   91.     Notice of functions

           Division 2--Responsibilities of chief executive for ES units

   92.     Responsibilities of chief executive

           Division 3--Membership

   93.     Membership
   94.     ES unit coordinator
   95.     Function of ES unit coordinator

           Division 4--Matters about ES units with function of fire fighting or fire prevention

   96.     Application of div 4
   97.     Appointment of fire coordinator
   98.     Powers of fire coordinator
   99.     Particular ESU members subject to direction

           Part 8--Authorised rescue officers

           Division 1--Appointment

   100.    Appointment
   101.    Appointment conditions and limit on powers
   102.    Issue of identity card
   103.    Production or display of identity card
   104.    When authorised rescue officer stops holding office
   105.    Resignation
   106.    Return of identity card

           Division 2--Powers of authorised rescue officers

   107.    General provision about powers
   108.    Provision about power of entry
   109.    Exercise of powers subject to direction

           Part 9--Authorising persons to exercise rescue powers in particular circumstances

           Division 1--Authorising persons to exercise rescue powers

   110.    Authorising persons to exercise rescue powers

           Division 2--Powers of persons authorised under division 1

   111.    Power to enter places
   112.    General powers

           Part 10--Offence provisions

           Division 1--Preliminary

   113.    Definition for pt 10

           Division 2--Offences

   114.    Impersonation of authorised person
   115.    Obstruction of authorised person
   116.    Failure to comply with direction
   117.    Failure to help particular persons
   118.    Using names etc.

           Part 11--Provisions about compensation and policies of insurance

           Division 1--Compensation
           Subdivision 1--Preliminary

   119.    Entitlement to compensation
   120.    When compensation is not payable
           Subdivision 2--Application and decision about compensation
   121.    Applying for compensation
   122.    Lapsing of application
   123.    Deciding application
   124.    Notice about decision
           Subdivision 3--Review of decision
   125.    Review of a decision to pay compensation

           Division 2--Policies of insurance

   130.    Extension of policy of insurance

           Part 12--Legal proceedings

           Division 1--Evidence

   131.    Application of div 1
   132.    Appointments and authority
   133.    Signatures
   134.    Other evidentiary aids

           Division 2--Offence proceedings

   135.    Summary proceedings for offence
   136.    Statement of complainant's knowledge

           Part 13--Miscellaneous

           Division 1--Codes of practice for SES units and ES units

   137.    Making code of practice
   138.    Availability of code of practice

           Division 2--Other matters

   139.    Warning device or lights on SES or ES vehicle
   140.    Exemption from toll
   141.    Protection of employment rights of SES and ESU members
   142.    Chief executive to insure particular persons
   143.    Delegations
   144.    Protection from liability
   145.    Appointments
   146.    Arrangements for identification
   147.    Approval of forms
   148.    Regulation-making power

           Part 14--Repeal and transitional provisions

           Division 1--Repeal

   149.    Repeal of State Counter-Disaster Organisation Act 1975

           Division 2--Transitional provisions for Act No. 91 of 2003
           Subdivision 1--Preliminary

   150.    Definitions for div 2
           Subdivision 2--Transitional references
   151.    References to repealed Act
   152.    References to former SES
           Subdivision 3--Other transitional provisions
   153.    Members of central control group
   154.    Chairperson of central control group
   155.    Executive officer of central control group
   156.    Members of former SES
   157.    Authorised officers under the repealed Act
   158.    Former disaster districts
   159.    Disaster district coordinators
   160.    Other members of former control groups
   161.    Particular local governments under the repealed Act
   162.    Provision about declaration under the repealed Act
   163.    Compensation for exercise of powers under the repealed Act
   164.    Application for compensation under the repealed Act
   165.    Local controllers under the repealed Act
           Subdivision 4--Transitional provisions for Disaster Management and Other Legislation Amendment Act 2010
   166.    Definitions for sdiv 4
   167.    Continuance of particular member of State group
   168.    Deputy chairperson of State group
   169.    Executive officer of State group
   170.    District disaster coordinator and chairperson of district group
   171.    Deputy chairperson of district group
   172.    Executive officer of district group
   173.    SES units
           SCHEDULE -- DICTIONARY
           Endnotes