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| Disaster Management Act 2003 (Queensland) | |
|---|---|
| Title | Disaster Management Act 2003 (Queensland) |
| Jurisdiction | Queensland |
| Enacted | 2003 |
| Status | current |
Disaster Management Act 2003 (Queensland) is a statute enacted by the Parliament of Queensland to establish a statutory framework for disaster mitigation, preparedness, response and recovery within the State of Queensland. The Act creates a structure of coordinating bodies, assigns functions and powers to local and state entities, and provides for emergency orders, funding arrangements and the delegation of statutory authorities during hazards such as cyclones, floods, bushfires and public health emergencies like the COVID-19 pandemic. It operates in concert with other Australian legal instruments including Commonwealth arrangements under the National Disaster Risk Reduction Framework and state/regional plans such as Queensland's disaster management plans.
The Act was introduced following a wave of preparatory policy developments influenced by events including the Cyclone Larry response and the severe 2001 flood events, reflecting lessons from inquiries by bodies such as the Queensland Floods Commission of Inquiry and reviews by the Australian Emergency Management Institute. Its passage by the Parliament of Queensland in 2003 established statutory disaster management entities that align with emergency management reforms advocated by the Emergency Management Australia and interjurisdictional committees like the Council of Australian Governments (COAG). Subsequent policy adjustments have responded to disasters including 2010–2011 Queensland floods, the 2019–20 Australian bushfire season, and the Queensland impacts, prompting amendments and administrative reviews overseen by ministers from portfolios such as the Queensland Minister for Fire and Emergency Services.
The Act's primary purpose is to provide a legal foundation for coordinating risk reduction and response across entities including the Queensland Reconstruction Authority, Queensland Police Service, Queensland Ambulance Service, and local governments such as the Brisbane City Council and Gold Coast City Council. It defines a multi-tiered scope encompassing prevention, preparedness, response and recovery phases relevant to hazards listed in state hazard registers and plans like the Queensland Disaster Management Plan. It interacts with Commonwealth instruments such as the Biosecurity Act 2015 and frameworks used by agencies like the Australian Red Cross, and guides cooperation with non-governmental organizations including St John Ambulance Australia and the RSPCA Australia during animal welfare responses.
The Act codifies definitions for terms including "disaster", "emergency", "disaster management", and "incident controller", drawing upon concepts used by the International Federation of Red Cross and Red Crescent Societies and standards promoted by the Australian/New Zealand Standard AS/NZS ISO 31000:2009 for risk management. Principles embedded in the statute reflect priorities apparent in instruments such as the Sendai Framework for Disaster Risk Reduction, promoting local decision-making via Local Government Association of Queensland bodies, coordination with state agencies such as Queensland Health, and a risk-based approach informed by data from entities like the Bureau of Meteorology.
The Act establishes a hierarchical structure of disaster management entities: the state-level State Disaster Management Group, district disaster management groups aligned with regions such as the Far North Queensland and South East Queensland, and local disaster management groups convened by local councils including the Townsville City Council. Key statutory officers and agencies designated by the Act include the Premier of Queensland (through ministerial responsibilities), the Director-General of the Department of Community Safety, emergency services agencies like Queensland Fire and Emergency Services, and advisory bodies including academic institutions such as James Cook University and research organizations like the Bushfire and Natural Hazards Cooperative Research Centre. The Act enables memoranda and operational interfaces with Commonwealth agencies such as the Australian Defence Force during escalated responses.
Under the Act, statutorily empowered decision-makers may make disaster situation declarations, disaster recovery orders and request evacuation powers that have parallels with emergency instruments used by jurisdictions like New South Wales and Victoria. These powers encompass orders for evacuation, movement restrictions, access controls, and property requisitioning, subject to judicial oversight consistent with protections recognised in the Human Rights Act 2019 (Queensland) and case law from courts including the Supreme Court of Queensland. The Act intersects with public health orders issued under health statutes during contagion events such as the COVID-19 pandemic in Queensland.
Operational arrangements under the Act adopt principles from national arrangements such as the Australasian Inter-Service Incident Management System (AIIMS) and coordinate incident control at sites through incident controllers, liaison officers, and multi-agency coordination centres similar to models used by New Zealand Civil Defence and Emergency Management. The Act mandates planning cycles, exercises and information-sharing protocols with meteorological and geoscience inputs from the Bureau of Meteorology and Geoscience Australia, facilitating interoperability with cross-border responses to events like coastal storm surges affecting regions such as Cairns and Gold Coast.
The Act provides mechanisms for disaster funding, cost-sharing, and disaster recovery grants administered by the Queensland Reconstruction Authority and coordinated with Commonwealth disaster relief programs such as the Natural Disaster Relief and Recovery Arrangements. It authorises expenditure for immediate response, strategic mitigation projects, and recovery initiatives including infrastructure repairs overseen by entities such as the Department of Transport and Main Roads and local councils like Whitsunday Regional Council. Financial accountability measures draw on audit functions of the Queensland Audit Office.
Since enactment, the Act has been amended through Queensland parliamentary processes responding to events and reviews led by commissions such as the Queensland Floods Commission of Inquiry and policy reviews involving the Queensland Treasury. Legal challenges and judicial consideration have addressed the scope of emergency powers and administrative law principles adjudicated in courts including the Court of Appeal of Queensland and the High Court of Australia on matters of statutory interpretation and Commonwealth-state interactions. Ongoing reviews reference international agreements like the Sendai Framework and national strategies such as the National Disaster Risk Reduction Framework to inform proposed legislative refinements.
Category:Queensland legislation Category:Emergency management in Australia