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| Emergency Management Act (Queensland) | |
|---|---|
| Title | Emergency Management Act (Queensland) |
| Enacted by | Parliament of Queensland |
| Royal assent | 2014 |
| Commenced | 2014 |
| Status | Current |
Emergency Management Act (Queensland).
The Emergency Management Act (Queensland) is a statute enacted by the Parliament of Queensland to provide a framework for preparing for, responding to and recovering from emergencies in the state of Queensland. The Act interfaces with institutions such as the Queensland Police Service, Queensland Fire and Emergency Services, Queensland Health, and the Local Government Association of Queensland, and affects coordination with federal entities including the Australian Government and the Australian Defence Force. It was developed in the context of events like the 2010–11 Queensland floods, the Cyclone Yasi response, and the review processes following the Queensland Floods Commission of Inquiry.
The Act was introduced against a legislative backdrop shaped by inquiries such as the Bradfield Report-era emergency planning debates and the outcomes of the Queensland Floods Commission of Inquiry and the Floods Commission of Inquiry. Drafting drew on comparative models from jurisdictions including New South Wales, Victoria (Australia), and international instruments such as guidance from the United Nations Office for Disaster Risk Reduction and the Sendai Framework for Disaster Risk Reduction. The bill was considered by committees of the Parliament of Queensland alongside submissions from stakeholders including the Local Government Association of Queensland, Australian Red Cross, Surf Life Saving Australia, and academic institutions such as the University of Queensland and Griffith University. Following debate, the Act received royal assent and replaced or consolidated provisions previously scattered across emergency statutes and policies in Queensland.
The stated purpose of the Act is to establish arrangements for emergency management across areas including prevention, preparedness, response and recovery, consistent with national arrangements such as the National Emergency Management Plan (Australia) and coordination with agencies like the Attorney-General's Department (Australia). The scope covers hazards ranging from tropical cyclones like Cyclone Larry and Cyclone Marcia to bushfires exemplified by the Black Saturday bushfires (as a comparative reference), floods such as the 2010–11 Queensland floods, industrial incidents involving entities like Port of Brisbane, public health emergencies involving Queensland Health and pandemic planning referenced by the Australian Health Protection Principal Committee. The Act delineates spatial and temporal application within the boundaries of the State of Queensland and interacts with municipal powers exercised by councils such as the Brisbane City Council.
Key provisions create statutory roles, powers to make declarations, requirements for planning instruments, directions for evacuation and carry powers for controlled access to land, property and infrastructure. The Act confers authority on officials to issue emergency directions to entities such as Queensland Fire and Emergency Services, Queensland Ambulance Service, and utility corporations including Ergon Energy and Suncorp Group in some contexts. The statutory framework includes requirements for emergency management plans, alignment with the Australian Disaster Resilience Framework, and provisions for coordination with the National Recovery and Resilience Agency. Powers may include requisitioning resources, imposing movement restrictions, and regulating businesses operating at critical infrastructure sites like Brisbane Airport.
The Act assigns roles to the Minister for Fire and Emergency Services (Queensland), the State Coordinator, and local controllers drawn from bodies such as the Queensland Police Service and Queensland Fire and Emergency Services. It outlines obligations for state agencies including Queensland Health, transport authorities such as TransLink (South East Queensland), and local councils like the Sunshine Coast Regional Council. Non-government actors referenced in implementation include the Australian Red Cross, St John Ambulance Australia, and volunteer organisations such as the State Emergency Service (Queensland). The Act also prescribes consultation frameworks with Indigenous stakeholders including organisations like the Aboriginal and Torres Strait Islander Commission-era bodies and legacy land councils.
The Act sets out how emergency situations are declared, escalated, extended and revoked, with mechanisms for issuing emergency directions and public safety orders. Declarations can trigger coordination centres akin to the State Disaster Coordination Centre and liaison with federal arrangements such as coordination with the Centre for Disease Control (Australia)-style entities and the National Health Emergency Response Arrangements. Orders may include evacuation mandates, curfews and business closures, and are intended to be exercised in a manner consistent with rights protected under instruments like the Human Rights Act 2019 (Queensland). The Act specifies procedural safeguards including review periods and publication requirements through official channels such as the Queensland Government website and parliamentary oversight.
The Act establishes offences, compliance mechanisms and enforcement tools, enabling prosecution by entities such as the Office of the Director of Public Prosecutions (Queensland), and outlining penalties which can apply to individuals, corporations and agencies including fines or corrective orders. Enforcement may involve coordination with law enforcement agencies like the Queensland Police Service and the Australian Federal Police when cross-jurisdictional issues arise. Procedural rights in enforcement action are informed by statutory instruments including the Crime and Corruption Commission oversight and mechanisms for judicial review in courts such as the Supreme Court of Queensland and tribunals.
Since enactment, the Act has been subject to amendments following reviews prompted by events including the 2019–20 Australian bushfire season and inquiries such as royal commissions and parliamentary inquiries. Notable legal and administrative cases interpreting provisions have involved litigation in the Supreme Court of Queensland and reviews by the Queensland Audit Office. Periodic reviews reference national policy shifts including the establishment of the National Recovery and Resilience Agency and lessons from major incidents like the 2010–11 Queensland floods and Cyclone Yasi. Ongoing reform debates involve stakeholders from the Local Government Association of Queensland, emergency services unions, insurers such as Insurance Council of Australia, and academics from Queensland University of Technology.
Category:Queensland legislation