Legal Status of Brigades update and vote of no confidence in current Commissioner.

On the 27th March 2025, the RFBAQ wrote to Minister Leahy and Attorney General Frecklington with a request to investigate whether the actions of the Queensland Fire Department in dissolving 1,400 unincorporated associations without consultation and taking ownership of all equipment owned by the persons who constitute those unincorporated associations is legally supported. Click here to read letter.

On Monday the 16th June 2025 we received a reply from Minister Leahy. Click here to read letter.

This then caused us to write requesting more clarity in the response and our questions were these:

1. Post 1st July 2024, were the unincorporated associations dissolved by the QFD, or are the group of persons still in existence?
2. Post 1st July 2024, does the equipment that previously belonged to the group of persons still remain the property of the group of persons? (ie equipment that is not covered by section 142(2) of the FS Act)
3. Are the bank accounts that the group of persons owned and operated prior to 1st July 2024, still owned by the group of persons post 1st July 2024?

July 21st 2025 saw this unambiguous response from the Minister’s Office. Click here to read letter.

To summarize the letter of response – all the things that the unincorporated associations were, did and owned prior to the introduction of the new bad legislation, (legislation that the LNP and Katter Party voted against in 2024) has not changed.

1. The unincorporated associations still exist, there has been no change to their legal status
2. The equipment that was owned by the unincorporated association still is owned by the unincorporated association; not the fire service.
3. The bank accounts that were in operation prior to 1st July 2024 have not changed.

Money

This would mean that the decision to have all funds deposited into a Government RFSQ bank account is a policy choice of QFD and the current Commissioner, and not a legal requirement.

Prior to July 1st 2024, when Local Government put money from the Rural Fire Levy into the brigade bank accounts (and we are talking millions of dollars each year), all equipment purchased with that money belonged to the community group (Rural Fire Brigade) in that local government area.

Post the 1st of July and the direction from the current Commissioner and QFD that all money, including Local Government Rural Fire Levies, go into a single QFD owned bank account, any equipment purchased with that money is the property of the QFD and State of Queensland.

The RFBAQ will strongly advocate to the Minister for Fire, Volunteers and Local Government that this policy direction from the QFD and the current Commissioner be returned to pre 1st July 2024 banking operations for brigades who vote to do so.

Equipment

With the unincorporated associations still in existence, the ownership of equipment has not changed since the 1st July 2024.

Vehicles and equipment purchased by the brigade without any QFD or State Government contribution, and the many millions of dollars of equipment purchased by the RFBAQ and granted to brigades are still the property of the brigades. This includes the 13 RFBAQ designed, funded and built fire trucks.

In disposal of these vehicles and equipment, the brigades are still able to manage the process and keep the proceeds.

The RFBAQ will strongly advocate to the Minister for Fire, Volunteers and Local Government that the QFD and current Commissioner clearly and honestly inform brigade members of their ownership rights.

Membership

As we learnt with the Blue Card implementation debacle, the Commissioner could not sack a member of the unincorporated association.

The RFBAQ will seek advice from the Minister for Fire, Volunteers and Local Government questioning if the brigade members dismissed post 1st July 2024 by the current Commissioner is enforceable.

In the public hearing to the Inquiry into Volunteering in Queensland the RFBAQ presented on this Legal Status topic and the ramifications. Click here to read the transcript.

Vote of no confidence in current Commissioner.

On Saturday 12/04/2025 Jim Besgrove AFSM, RFBAQ Townsville Representative and RFBAQ Management Committee member proposed an urgent motion for a - "vote of no confidence in the Commissioner's ability to provide adequate management and administration of the Rural Fire Service Queensland and the consistent failing to provide adequate funding and equipment to RFSQ Brigades and their volunteers so they can support their local communities".

This was seconded by Gary Patzwald, RFBAQ Senior Vice President and Darling Downs RFBAQ Representative.
The overwhelming majority of elected RFBAQ representatives supported the motion.

The RFBAQ has written to The Premier and Minister for Fire, Volunteers and Local Government informing them of the vote of no confidence in current Commissioner.

The vote of no confidence has not been done lightly, and the only previous instance of the RFBAQ undertaking a vote of no confidence in a commissioner was prior to the appointment of Katarina Carroll.

Separation

For the RFSQ to have a Chief Officer, from a brigade background, who reports directly to the Minister. For RFSQ to have a separate legislation and budget and for the reformed RFSQ to be comprised of rural fire brigades, Fire Wardens and rural fire staff.
Rural Fire Service staff are to provide support and training to the brigades and their members. These brigades and support staff help landholders mitigate risk from bushfire, respond to fires and other emergencies, provide education to Queenslanders relating to fire and perform other rescue functions as delegated by the Chief Officer of the RSFQ.

The motion introduced by Ian Pike AFSM to the full meeting of the RFBAQ State Executive 14th October 2023 was passed unanimously.

Should further correspondence be received, we will make it available on our website.