Will Brigades retain ownership of the appliances and equipment they purchased under the new legislation?

There is no change from current arrangements. 

Appliances and equipment purchased by Brigades prior to the commencement of the new legislation will remain with Brigades.

Appliances will continue to be placed on the RFSQ asset register and recorded as being State owned which allows these to be insured and maintained.
This arrangement will not change with the introduction of the new legislation.  

Assets purchased by Brigades will remain with the Brigade.

When a Brigade disposes of a vehicle or appliance they purchased, will they keep this money?

Proceeds from the disposal of assets purchased by Brigades such as vehicles and appliances will be quarantined by RFSQ for future purchases specific to that Brigade.

Brigades hold individual bank account which has monies raised through donations and other community events.  Will Brigades still have access to these funds post 01 July 2024?

Yes. Any funds held by Brigades when the new legislation commences will remain with Brigades.  These funds can be spent in accordance with existing processes under the Brigade Management Rules.

RFSQ will not be taking this money from Brigades.

How will Brigade bank accounts operate under the new legislation?

The funds that Brigades hold in their accounts prior to the new legislation taking effect will remain with Brigades. It is expected that those bank accounts will be operated by Brigades in the same way as they are currently operated – that is, in accordance with the Brigade Management Rules.

RFSQ will not be taking this money from Brigades.

When the new legislation commences on 01 July, RFSQ will hold funds on behalf of, and for the benefit of, individual Brigades.

Will Brigades still be able to make purchases using funds they have raised or received through donations post 01 July 2024?

The funds that Brigades hold in their accounts prior to the commencement of the new legislation will remain with Brigades.

After 1 July, it is expected that those bank accounts will be operated by Brigades in the same way as they are currently operated – that is, in accordance with the Brigade Management Rules.

Who will be required to approve purchases made by Brigades under the new legislation using their own funds?

The funds that Brigades hold in their accounts on the commencement of the new legislation will remain with Brigades.

RFSQ will not be taking this money from Brigades.

Current Brigade Management Rules will continue to apply to purchases made using existing Brigade funds prior to 01 July.

From the current Brigade Management Rules, purchases of $100 or more will need to be approved by any two of the three signatories on the Brigade account.

Generally, that will be the Chairperson, Secretary, Treasurer and/or the First Officer. If the Brigade does not have a Management Committee, the purchase must be approved by the First Officer or the next most senior officer. All expenditure must then be ratified at a General Meeting or at a Special Meeting. These are current requirements that are expected to continue to apply to pre-commencement funds held by Brigades.

RFSQ will not be taking funds that are currently held in Brigade accounts.

Once the new legislation commences, Brigades will become part of the State.

As a result, the Commissioner will have certain obligations under the Financial Accountability Act 2009 in relation to the keeping of funds and accounts. This includes ensuring that purchases are made with the appropriate approval provided to Brigades. This will occur through a process of appropriate delegation and be as simple as possible.

Will Brigades be required to provide an annual independent financial audit each year under the new legislation?

Following commencement of the new legislation, it is likely existing audit requirements under the Brigade Management Rules will continue to apply to any funds held by Brigades immediately before commencement. Those funds can continue to be held in existing Brigade accounts.

Currently, the Brigade’s Treasurer must, as soon as practical after the end of each financial year, have a statement prepared setting out income and expenditure for the year and the assets and liabilities of the Brigade. The Brigade’s auditor must examine that statement and present a report back to the Treasurer.

If the money held before 1 July includes any Council or community money then that auditor has to be independent of the Brigade (they must not be a member of the Brigade).

For funds obtained after 01 July, it is not expected that Brigades will need to provide an annual financial audit as the burden of maintaining records will be assumed by RFSQ. Processes for the holding of funds and accounts on behalf of Brigades should significantly reduce the workload of Brigades and their Treasurers.

The Financial Accountability Act 2009 imposes certain obligations that must be met by the Commissioner in relation to the keeping of funds and accounts. RFSQ will ensure that any requirements or obligations imposed on Brigades are kept to a minimum.

Our Brigade is holding a training day and team BBQ. How do I purchase the goods?

Purchases can continue to be made by Brigades locally through existing arrangements and policies.

I need to buy a new fridge for our Brigade. Can I use the funding in our Brigade account?

Brigades currently follow Brigade Management Rules by seeking quotes and sign-off. There is no change from 1 July. The same procurement rules will apply.

Our Brigade purchased appliance is due to be replaced. Can I sell the old one and use those funds towards the new one?

Brigades currently follow Brigade Management Rules with any money received from a disposal placed back into Brigade accounts. From 1 July, there is no change. Brigades can sell an existing appliance purchased by the Brigade, and the money will be allocated back to the Brigade for future use.

We need to construct a new Brigade station. How do we manage the funding?

As is currently the case, RFSQ will be involved in the purchase or building of facilities with input from the relevant Brigade.

How will the two fire services continue to work together?

The Bill includes a new section which recognises the need for there to be continued operational and strategic collaboration and coordination between the two services.

This is designed to ensure the effective delivery of contemporary fire and emergency services for the community.

A special mention of volunteers in Rural Fire Service Queensland is also made in this section.

Will there be any changes to the Commissioner or the role they perform?

No.

It is proposed that the Commissioner will continue to lead the new Queensland Fire Department after the new legislation commences.

The Bill makes clear the extent of the Commissioner’s responsibilities regarding brigades, including the control and oversight of resources, the appointment of members of brigades, the training and development of members of brigades and monitoring the performance and management of brigades.

As is currently the case, the Commissioner may delegate powers and responsibilities included in the legislation to an appropriate person.

What is the Commissioner’s directions power?

Under the current legislation, an authorised fire officer or other person exercising a power under the Act must do so in accordance with any direction given by the Commissioner.

The Bill clarifies and expands on this power by inserting into the Act an express power for the Commissioner to give a direction if the Commissioner considers it necessary or convenient to ensure the efficient and proper functioning of the fire services. Such a direction can be given to any fire service officer and any rural fire brigade member.

The Commissioner may give a direction during an event which may only apply for the duration of that event, or the direction may be the subject of policy, procedure or doctrine. In all cases, the direction will be in connection with the duties and responsibilities undertaken as a brigade member.

Any brigade member acting under a direction of the Commissioner, or of their delegate, can have confidence that they will have appropriate protection from liability.
 

Will there be any changes to the functions that brigades perform?

No. The functions that brigades perform and the way in which brigades perform them will not change.

The functions of brigades are spelt out more clearly in the Bill but these are all tasks that brigades are currently performing.

For example, the Bill states that in addition to fire fighting and fire prevention, brigades may also use fire for land management and carry out other activities to help communities or other entities prepare for, respond to, and enhance resilience to, an event or a disaster.

In addition, brigade members may carry out activities to raise the profile of RFSQ, promote bushfire safety or raise funds to support rural fire brigades in the performance of the brigades’ other functions.

Brigade members may also provide services or assistance if considered to be a reasonable expectation of the community. This means that if a fire hazard affects the flow of traffic and brigade members are in the local vicinity, it would be a reasonable expectation of the community for a brigade member to provide assistance by diverting traffic away from the fire hazard.

Brigades may also perform any other function given by the Commissioner or required by another Act of Parliament.

When attending an incident, the brigade will be under the direction of the First Officer or, if the First Officer is not available, the next senior officer. This is exactly the same as the current position.

The Bill provides, however, that where there is no First Officer or next senior officer available from the brigade to manage an incident in their assigned area, the Commissioner can appoint another person to be in charge of the incident. The appointed person could be a first officer from another brigade or RFSQ officer or FRS officer. This is to make sure there is an appropriate delegation of powers to other brigade members, which ensures the flow of complementary protections.

In practice, the Commissioner’s power to appoint another person will be delegated to someone at an appropriate level to ensure any appointment is made in a timely way.

The appointment may be written or verbal and the person in charge will have the powers of a first officer.

Brigade members will be subject to appropriate protections from liability while performing any of the functions outlined above, not only when fighting or preventing a bushfire.

Will the Brigade Rules change?

Yes. Model Brigade Rules endorsed by the Commissioner will be the foundation document for all brigades to operate from.

While there will not be significant changes from the Rules currently in place, volunteers will be provided with time and assistance to become familiar with the new Model Rules.

The Bill provides that brigades may adopt additional rules to the Model Rules with the prior written approval of the Commissioner.

This will provide flexibility for brigades to make rules relevant to their individual circumstances. As is currently the case, additional rules must not be inconsistent with either the Act, Regulations or Model Rules.

Will the functions of my brigade change?

In practice, volunteers will not see a change to the functions they currently perform as part of a brigade.

The Bill does, however, expressly recognise some of the other activities that volunteers currently perform. These include, for example:

• performing authorised activities to raise the profile of RFSQ and Rural fire brigades, promote bushfire safety or raise funds to be used to support brigades in the performance of functions under the Act;
• performing authorised activities for hazard reduction burning; or
• supporting other entities (for example, the SES) providing emergency services to help communities respond to and recover from an event or a disaster.

The Commissioner will continue to be able to direct other functions for a brigade, noting that the functions of QFES are quite broad and will not change under the amended Act.

Can anyone other than my brigade end my membership as a brigade volunteer?

Yes.

Under the proposed amended Act, the Commissioner (or their delegate) will have the incidental power to cancel the membership of a volunteer in serious circumstances.

Any decision to dismiss a volunteer will require natural justice to be observed. This means a person must be told the reasons for the proposed course of action and provided with an opportunity to reply before the Commissioner or delegate decides.

Where appropriate, alternative actions other than dismissal, such as counselling or additional training, will continue to be preferred options for resolution.

Members who have had their membership cancelled may also apply to have the decision reviewed.

I am a brigade volunteer. Do I need to do anything as a result of the new legislation?

No.

It is proposed that all brigades currently registered will automatically continue to be registered when the new legislation commences. All brigade membership will also continue when the new legislation commences.

New brigade members will need to apply to the brigade for appointment and have their application for membership approved by the Commissioner to support the effective and efficient management of brigades. The Commissioner will continue to be responsible for approving applications for new brigades.

Brigades will continue to provide advice regarding suitability of appointment. 

Will there be a new executive officer for RFSQ in the legislation?

Yes.

The Bill provides for the appointment of a Chief Officer, Rural Fire Services Queensland, which was previously designated as a Deputy Commissioner role and not recognised in legislation.

This role will be responsible for the day-to-day management of the RFSQ with support from Deputy Chief Officers and Assistant Chief Officers.

The Bill also creates a new position of Chief Fire Officer. This position will be responsible for providing advice to the Commissioner on matters relating to service delivery, operational culture, best practice and innovation and research across the fire services.

To preserve independence between the fire services, the Chief Fire Officer is not a member of either service, however, the position is subject to the direction of the Commissioner in performing the Chief Fire Officer’s functions.

A new RFSQ advisory committee will also be established to provide advice to the Chief Officer on matters relating to the functions of the RFSQ, including the administration and management of rural fire brigades.

While the advisory body will not make binding decisions, it will play a pivotal role informing all aspects of RFSQ functions including (but not limited to) operations, training, fleet and membership.

Advisory body members will include volunteers from each district, ensuring regional voices inform decision making that will affect local brigades and volunteers. The Minister will appoint the membership of the advisory committee in consultation with the Chief Officer, RFSQ.

As a brigade volunteer, will I receive a mention in the amended Act?

Yes.

The Bill specifically recognises volunteers. Recognition of the valuable role you play as a volunteer in supporting the delivery of fire and emergency services to Queensland will be included in a new section to be inserted into the Act.

Rural Fire Service Queensland and all brigades will also be recognised in a newly established framework to govern its operation, management and administration.

The inclusion of brigades and members of brigades as part of the RFSQ will enhance the protections that apply to you as volunteer members of brigades. This includes appropriate protection from liability when you are performing brigade functions.

Provided you are acting within the course of your duties and doing so carefully and in good faith, you will have the same protections from legal liability as paid firefighters.

The Bill also addresses issues regarding the legal status of brigades as the State will hold legal responsibility on behalf of brigades.

This will mean individual brigade members won’t need to enter into, for example, contract arrangements on behalf on brigades which might attract personal liability.

Are there mandatory requirements for certain roles?

The level of experience and expertise required for each role will be assessed at a level appropriate for the role.

For example, for a role at a more senior level, the candidate should have the necessary breadth and depth of experience that reflects a high level of command-and-control proficiency and experience and provides the foundations for making and overseeing significant decisions of a strategic nature, including the use of assets and the deployment of people.

Less senior officers will not be held to the same standard but will have to hold the requisite experience and expertise to provide confidence that they can meet the operational requirements essential to the role.

The requirement for the Commissioner to appoint a person only if satisfied they meet the eligibility requirements for appointment, will only apply to appointments once the legislation has commenced.

For persons appointed to an executive officer role before the commencement of the legislation, a transitional provision preserves the unexpired portion of any contract of employment of the executive officer upon commencement.

A transitional provision is not required for existing senior officers as they are not appointed on contract.

I am the First Officer of our brigade. What changes do I need to be aware of?

There are no changes to the way in which a First Officer exercises their powers in their own brigade area under the new legislation.

This means that if you are available when your brigade takes charge of operations for controlling and extinguishing a fire, your powers and functions as an authorised fire officer remain the same. If you are not available, then the next senior officer from your brigade has the powers of an authorised fire officer.

Either you as the First Officer, or the next senior officer if you are unavailable, has the control and direction of any person whose services are available at the fire.

There have been past instances where neither the First Officer nor any next senior officer in a brigade have been available to attend a fire.

To deal with this situation, the Bill allows the Commissioner to appoint another person to be in charge of the incident. This is to make sure there is an appropriate delegation of powers to other brigade members, which ensures the flow of complementary protections.

The appointed person could be a first officer from a neighbouring brigade or an RFSQ officer. In practice the power to appoint will likely be made at a local level, with the Bill allowing the appointment to me made verbally for expediency.

While the proposed amendments do not provide new powers, it will ensure you can exercise your powers lawfully in circumstances where the law was not sufficiently clear previously.

The Bill therefore seeks to better reflect the circumstances in which you may need to exercise your powers as a First Officer in another brigade area to reflect current operational practice and ensure you are appropriately protected when doing so.

I belong to a brigade where no First Officer is available. What do I need to know?

The amended Act provides a new power for the Commissioner to appoint a person as the person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, if the Commissioner considers it appropriate and necessary in the circumstances where there is no First Officer or next senior officer available.

I am a Fire Warden. Are there any changes to the Permit to Light Fire system?

No. The ability for all Fire Wardens to exercise their powers under the Act will not change. However, it is proposed to provide clarity around the appointment of chief fire wardens and fire wardens.

Specifically, the Bill provides that the Commissioner may only appoint a person to be a chief fire warden or fire warden if the Commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of a relevant fire warden.

Further, the appointment can be made on conditions and the instrument of appointment issued by the Commissioner must state the geographical area in which the relevant fire warden can perform their functions and exercise their powers.