Legal Status of Brigades

Wednesday, 22 Jul 2020

Brigade Legal Status Forums and Information

The Brigade Legal Status has been finalised and new easy to use information sheets are now available to either download or for mailing out to brigade secretaries - https://rfbaq.org/brigade-resources

The question over who 'owns' a Rural Fire Brigade was publicly raised by the Queensland Audit Office (QAO) in their 2010 submission to the Queensland Parliament Review into the Management of Rural Fire Services in Queensland.

Recommendation 1 of the Queensland Parliamentary Review into the Management of Rural Fire Services in Queensland 2011 is ' 'that the Minister for Police, Corrective Services and Emergency Services undertake a comprehensive legal review in order to clarify the legal position of RFBs and their members'.

The Malone Review into the Rural Fire Services in Queensland 2013, Recommendation 80 states ' 'That the State Government recognises the legal status of rural fire brigades as per Crown Law advice and addressed by recommendations from this Review'.

10 years on we have completed the journey.

Please below which is a message from John Bolger AFSM  CMgr FIML.GAICD.GIFireE., Assistant Commissioner, Rural Fire Service

To gain a better understanding of the Legal Status of Rural Fire Brigades (RFBs) (both the advantages and disadvantages), the Rural Fire Service (RFS) in conjunction the Rural Fire Brigades Association Queensland (RFBAQ) formed a consultation team to engage with RFBs across the state, with the aim of generating conversation and feedback on the issue. 

Consultation commenced in 2018 with 17 meetings in total held across the state. Attendees were asked six questions, categorised into three main themes – Brigade Functions, Brigade Limitations, and Brigade Protections. Responses were collated from consultation meetings, phone consultations and written submissions. 

Many of the main themes identified during the state-wide consultation do not directly relate to the legal status of RFBs as unincorporated associations. These include brigade membership, insurance, workers compensation and training; however finances, funding and the definition of ‘public monies’ were some of the main themes identified, relating to the legal status. Queensland Fire and Emergency Services (QFES) sought legal clarification to now ensure the following consistent definitions: 

• State Money: Any money received or held for the ‘State’ (Public Monies) 
• Council Money: Any money collected by council on behalf of the community. The brigade is accountable to council for the funds. 
• Brigade Money: Any money collected or raised by brigades. The brigade is accountable to the community for all money raised and expended.  

The consultation process found that there was a general lack of understanding of legislation as it relates to QFES and RFBs. It was found that brigades wish to have a simple legal structure that allows them to function effectively whilst ensuring the membership operates within a legal framework that provides appropriate levels of protection to undertake their respective roles and brigade functions.  

The following recommendations were tabled by the RFBAQ and QFES is committed to working together to progress these items: 

• Recommend that information be made readily available on brigade rights and responsibilities and legal status of brigades, and how brigades interact with RFS and QFES. 
• Recommend the creation of an induction process for new staff which covers brigade rights and responsibilities, and legal status of brigades. 
• Recommend training of all staff on brigade rights and responsibilities and legal status of brigades. 
• Recommend that a QFES utilities account offering be made to brigades where the brigade is still responsible for the account payment, but final account responsibility does not rest with the volunteer. 
• Recommend that QFES offer a ‘brigade owned equipment register’ and agree to underwrite the brigade equipment listed on it with the agreement between brigade and area. 
• Recommend that QFES look at an amendment to the Fire and Emergency Services Act 1990 to provide that RFB volunteers be regarded as part of the State of Queensland for the purpose of Claims under the Crown Proceedings Act 1980. 
• Recommend that the Fire and Emergency Services Act 1990 be re-written to have no conflicting advice in relation to RFB roles and responsibilities.  

Information sheets have been developed to provide clarity around some of the areas of concern. These have been attached for your information. 

The RFS in conjunction with the RFBAQ are holding brigade information sessions around that state to discuss the information notes and address areas of concern identified in the legal status project. 

John Bolger AFSM  

CMgr FIML.GAICD.GIFireE.

Assistant Commissioner

Rural Fire Service

Wednesday, 22 May 2019

Staff training in Legal Status of Brigades, Unincorporated Associations and Brigade Insurance/Finance are being rolled out across Queensland

As an outcome of the Review of the Legal Status of Brigades Project, RFS State Office is currently undertaking workshops called “A Series of Conversations” in all RFS regions, with as many staff as possible.

The goal of the workshop is to discuss and inform staff regarding the Legal Status of Brigades and many of the key topics that were raised as part of the consultative process.

The schedule for the workshops is as follows:

Date Region Venue

Some of the main topics for discussion / workshop sessions will include:

Legal Status of Brigades

• Unincorporated Associations
• Relevant Legislation
• Rural Fire Brigades under the Act
• Brigade Awareness sessions

Brigade Insurance / Finance

• Brigade Money, State Money, Council Money, Social Clubs
• Brigade Assets and portable and attractive register
• QGIF, Self-Insurance, Work Cover, Public Liability

Membership and data capture

• Audit
• Response rate
• Ongoing BAU updates – Area Office role

Brigade Management, Resources and Engagement

• Bona fide brigade activities
• Brigade closures, amalgamations and classification reviews
• Support Area Offices can provide to brigades
• Brigade Engagement

As part of this process RFSQ State Office will also be talking with staff about the best way to engage with volunteers/brigades to ensure awareness of the topics outlined above.

An information package on the rights and responsibilities of Rural Fire Brigades is being developed between the RFBAQ and the RFSQ and will be distributed to brigades in the not too distant future.

Friday, 19 October 2018

Legal Status into Rural Fire Brigades Summary

It’s been a long time in coming, and been recommended by all political parties while in Government.

Auditor-General Report to Parliament No. 3 for 2008 – Management of Rural Fire Services in Queensland

Audit Recommendation 7 - QFRS review the financial accountability and audit requirements of the rural fire brigades to reflect their status as part of QFRS.

Public Accounts and Public Works Committee  - Report No. 11, June 2011 Management of Rural Fire Services in Queensland

Recommendation 1 – that the Minister for Police, Corrective Services and Emergency Services undertake a comprehensive legal review in order to clarify the legal position of RFBs and their members.

The Malone Review into Rural Fire Services in Queensland 2013

Recommendation 80: That the State Government recognises the legal status of rural fire brigades as per Crown Law advice and addressed by recommendations from this Review.

The RFBAQ will work closely with RFSQ and QFES to ensure that all Legal Status Review recommendations are implemented for the benefit of the brigades and communities that they defend.

Thursday, 17 May 2018

Insurances for all Rural Fire Brigades and the Legal Status of Rural Fire Brigades Project

Letter from Mike Wassing, Deputy Commissioner, Chief Officer Rural Fire Service and Chief Officer State Emergency Services.

We hope to update this article with the original text, which will allow links to be accessible.

Monday, 12 March 2018

Legal Status Meetings – Completed. What happens next?

The snapshot of Rural Fire across Queensland was completed last Thursday with the final meeting held at Wallumbilla RFB.

The engagement by brigade representatives was excellent with some huge efforts made by many volunteers to attend; A 1st Officer drove from Charleville to Wallumbilla and then camped in the donga at Roma Fire Station; another 1st Officer flew from the Torres Strait to attend a meeting in Atherton; and the North Coast RFSQ Staff hired a bus to pick volunteers up on the road to Childers.

These are just a few of the stories about brigades wanting to be heard and be involved in the conversation about how brigades interact with the QFES and how their individual brigades are legally positioned.

Over the next couple of weeks (unless we get more big water) a report will be written for Deputy Commissioner Mike Wassing with the findings from the Legal Status meetings. It is envisaged that the findings will be made available at Volunteer Summit and the RFBAQ will widely distribute the outcome.

Over the course of the process many RFSQ Staff and brigade volunteers were involved in this new format of consultation. One where information and briefing notes for a complex issue are supplied prior to face-to-face engagement. Then during these meetings a free and frank discussion evolves including volunteers and local staff to try and determine an collegiate outcome that is in the best interest of the brigades and the communities that they defend.

Mike Wassing came to a couple of meetings, and in the spirit of the new engagement style, sat down at a table of volunteers and staff and set to work just like everyone else.

To be able to complete a State snapshot in a few weeks and engage volunteers and staff from all 17 RFSQ districts and most risk types from the desert uplands to the coastal heathlands, from isolated Cape York communities to high density Interface Zone with every brigade classification represented is a testimony to the relentless drive of Supt. Tony Hazell who led the engagement team.

Link through to some quality media that also engaged with the process and added value to the conversation without the need for sensationalism.

• Firstly from the Fassifern Guardian.
• Next from the Brisbane Times.
• There is also an excellent article from Michael Eburn on his Australian Emergency Law website.

Friday, 9 February 2018

Can't make it to a Legal Status of Brigades meeting?

The first successful leg of the Legal Status of Brigades Tour has wound-up, attracting Brigade First Officers and Chairpersons to Atherton, Cardwell, Townsville, Charters Towers, Mackay and Rockhampton.

It is important that all Brigades get involved, and that all voices are heard. Does the tyranny of distance or other work / life commitments stand between your brigade and a Legal Status of Brigades meeting? If so, we urge you to contact us and be the voice of your Brigade and community.

Tuesday, 9 January 2018

Legal Status Timetable for Brigade Consultation

The brigade consultation that commences in the 1st quarter of 2018 is only regarding the gathering of information relating to The Legal Status of Brigades. Your RFSQ Region or Area Office may build the meeting into their regional training calendar and have prior or subsequent meetings or information sessions, but the only agenda item for these meetings is Legal Status. This does not incorporate the conversation regarding Fire Officers under the Fire Act 1990 which is separate.

The talking stick - 1st Officers are elected by their brigade members as is the Brigade Chairperson. The invitation will be extended to these members of each brigade or their appointed delegate. This ensures that the voice of each brigade is representative and accountable back to their brigade and community. 

Should all brigade members be heard? - Most definitely, and this is a conversation that should be wide ranging and inclusive and then reflected in brigade minutes for the designated brigade member who has the talking stick to voice.

What will be the questions?

The intent of the meetings is not to actually get into the current legal status and advice from Crown Law, as that's not what brigades are expert in and a debate over the position of a comma vs a semi-colon in the current legal advice will not change an untenable legal position into a workable future model.

Again; what we are trying to achieve is ground truthing what brigades do now and what they will do in the future so that Legal can prepare some draft options that are specifically designed to support brigades defending their communities into the future.

Question 1:    Brigade Functions
What functions does your brigade undertake now?  
What additional functions could your brigade undertake in the future?
Question 2:    Brigade Limitations
What limits your brigade (E.g. legislation, financial support)
What could limit your brigade in the future?  
Question 3:    Brigade Protections
What protections do you believe your brigade has now?
What additional protection does your brigade need in the future?

The meetings will be chaired by RFSQ Superintendent Tony Hazell and have two elected RFBAQ Representatives, Graeme McWilliam, Maryborough Rep and Ian Pike AFSM, Caloundra Rep and President with Justin Choveaux, RFBAQ GM.

Your local RFSQ Area and Region Staff will also attend to support you in these conversations.

This is a very exciting time to be a brigade member supported by the RFSQ and the QFES/Department and the RFBAQ hopes that brigade members fully engage with this opportunity to build a new model that allows us all to do what we volunteered for - defending our communities.

For remote brigades a Legal Status Hotline will be established and RFSQ BTSO’s and ATSO’s will receive an information pack with a support hotline number.

Tuesday, 5 Dec 2017

Legal Status of Brigades 

The Fire and Emergency Services Act 1990 provides delegated powers to Rural Fire Brigades (RFBs) for the purpose of conducting their operations. However, the legal status of RFBs is far more complex and it has been decided that now is the right time to conduct considered analysis to enable improved knowledge of all aspects moving forward.

In November 2011, Crown Law advice was sought regarding RFBs and the status and application of the Financial Accountability Act 2009 to brigades. That advice stated:

The Crown established the position that the status of a Rural Fire Brigade was an unincorporated association. It was merely a group of persons with a mutual agreement or understanding to be a part of an association on the terms set out in the rules for the Brigade.

Gary McCormack, Acting Assistant Commissioner, Rural Fire Service (RFS) said that it is important we gain a better understanding the impact the current legal status has on brigades, to allow us to develop solutions and strategies that will support a modern rural fire service into the future.

“While the current status offers many advantages to brigades, there are also potential opportunities for improvement which will ensure we are a modern and proactive service into the future,” he said.

“The review of our Legal Status will provide us with an opportunity to talk with volunteers and gain a broader understanding of what support our frontline services need, the current challenges and way forward.

“This is an important piece of work and RFS is pleased to be working in partnership with the Rural Fire Brigades Association Queensland (RFBAQ) on this project.”

Over the coming months Regional consultation schedules will be developed and distributed through your RFS Regional and Area Offices.  The bulk of the consultation will take place after the fire season, so make sure you keep an eye out for more information in the Bulletin, Volunteer Portal, RFBAQ website and your email.

By Jade Joos, Manager Volunteer and Frontline Support Services, Rural Fire Service QFES

Monday, 7 Aug 2017

Legal Status of Brigades - the conversation we have to have

Why the need to move? - the 2011 advice from Crown Law and the most recent advice received by the QFES this year states that Rural Fire Brigades are not a part of the QFES, rather that they are unincorporated associations that the QFES outsources response and mitigation to across the state. Being unincorporated means that brigades should not purchase and dispose of property nor enter into contracts.

This position is untenable and has been pursued by the RFBAQ since 2013 when the Crown Law advice was made public.

This has also been one of the RFBAQ's 6 Key Strategy Objectives:

Clear workable definition of the legal status of brigades reflecting Crown Law advice 2011.

The question over who 'owns' a Rural Fire Brigade was publicly raised by the Queensland Audit Office (QAO) in their 2010 submission to the Queensland Parliament Review into the Management of Rural Fire Services in Queensland.

In this submission, the Auditor General queries the level of departmental control that can be exercised over Rural Fire Brigades in Queensland.

Recommendation 1 of the Queensland Parliamentary Review into the Management of Rural Fire Services in Queensland 2011 is 'that the Minister for Police, Corrective Services and Emergency Services undertake a comprehensive legal review in order to clarify the legal position of RFBs and their members'.

Crown Law advice was sought into this question, with advice being provided to the department on 01/11/2011 clearly stating that Rural Fire Brigades are not a part of the Queensland Fire and Rescue Service. And that legally, brigades cannot enter into a contract nor can brigades buy or own property.

The RFBAQ in submissions to the Malone Review raised the question of legal advice arising from the Parliamentary Review and in the RFBAQ submission to Malone stated; 'The RFBAQ has requested the findings of the clarification of the legal position of RFB's in Queensland and their relation to the Department of Community Safety. The RFBAQ has been informed by the QFRS that Government legal advice has been sought from Crown Law, and that the Department has subsequently taken legal advice on the Crown Law advice and that that advice is now strictly confidential.'

This advice was held in confidence by the Queensland Fire and Rescue Service until demanded by the Malone Review in late 2012.

There has been no action to date to bring the Rural Fire Brigade manual in line with the advice from Crown Law.

There has been a lot of the water under the bridge since the above was written in 2014 and all brigade volunteers would agree that the level of support that they receive from RFSQ and its supporting department QFES has never been higher and that there is now an honest and genuine understanding of what brigades actually do in their communities across Queensland.

To allow that growth and for flexibility of community defence, brigades need to have a sound legal basis that defines the relationship between themselves and the QFES/Department; themselves, contractors and suppliers. This is in addition to the large amounts of brigade owned equipment that is purchased and disposed of. From firefighting equipment, portable radios, chainsaws through to fridges, office chairs and specialised rescue equipment which is owned by brigades and not the QFES.

A new legal position would also necessitate the re-writing of the Brigade Manual and many internal QFES instruments for when brigades are deemed to be operating under the Fire Service Act 1990 (Rural Fire Brigade Volunteers included as Fire Service Officers under QFES Legislation. This is a separate and ongoing conversation between the QFES / RFBAQ / Minister where progress is starting to be made).

RFBAQ/QFES partnership

The RFBAQ General Meeting passed a resolution that a working group be formed to engage with brigades to ascertain what they do in their communities at present and how their community defence model would change / increase into the future. This would then be the basis for an approach to the QFES regarding seeking differing legal models that would start to positively support brigades now and into the future.

Realising that this was an enormous piece of work that requires resourcing that is only able to be exercised by the QFES and State Government, the RFBAQ lobbied the Ministry, Deputy Commissioner Mike Wassing and Commissioner Katarina Carroll for a joint partnership.

The first meeting was convened in Kedron in November 2016 and a subsequent meeting was held again in Kedron in December 2016 where the process for the consultation with brigades and the membership of the combined working group was agreed. A subsequent number of meetings have taken place with the next scheduled for Wednesday 15th August. The RFBAQ has been providing the secretariat for the process and it is agreed that the RFBAQ will continue with this support throughout the whole process to ensure the continuity of information.

The initial agreed timeframes blew out for varying reasons; and as this is seminal to supporting brigades for future decades it was agreed by all parties to commence the brigade engagement component in the 1st quarter of 2018 and the supply of appropriate information so that brigades are aware of the true intent of the proposed Legal Status meetings.

A most important part of the RFBAQ /QFES discussions was sequential process and how to achieve the best outcomes for brigades. The easiest, cheapest, fastest and most convenient way to approach this would have been for the QFES to ask Legal to draft a new legal status for brigades. Unfortunately this would also have resulted in a model that would not necessarily have provided the best platform to support brigades in defending their communities today or into the future.

The agreed position is to first engage with brigades to ascertain who they are, what they do and what support they are going to need, and then with this information request a number of legal frameworks that could support brigades in their communities.

This longer and consultative sequence will deliver a markedly different piece of advice that the former.

Once these new draft models have been received, an information dvd will be produced that clearly outlines the different proposed models and what that means to brigades and how they conduct business with their communities and their relationship with the QFES.

Following that will be a 6 month period where brigades will be asked to convene a meeting to discuss the varying models and for the brigade to vote on which model will best serve their community.

Brigade Engagement and the upcoming 1st Officer/Chairperson meetings and the Talking Stick

The brigade consultation that commences in the 1st quarter of 2018 is only regarding the gathering of information relating to The Legal Status of Brigades. Your RFSQ Region or Area Office may build the meeting into their regional training calendar and have prior or subsequent meetings or information sessions, but the only agenda item for these meetings is Legal Status. This does not incorporate the conversation regarding Fire Officers under the Fire Act 1990 which is separate.

The talking stick - 1st Officers are elected by their brigade members as is the Brigade Chairperson. The invitation will be extended to these members of each brigade or their appointed delegate. This ensures that the voice of the each brigade is representative and accountable back to their brigade and community.

Should all brigade members be heard? - Most definitely, and this is a conversation that should be wide ranging and inclusive and then reflected in brigade minutes for the designated brigade member who has the talking stick to voice.

What will be the questions?

The intent of the meetings is not to actually get into the current legal status and advice from Crown Law, as that's not what brigades are expert in and a debate over the position of a comma vs a semi-colon in the current legal advice will not change an untenable legal position into a workable future model.

Again; what we are trying to achieve is ground truthing what brigades do now and what they will do in the future so that Legal can prepare some draft options that are specifically designed to support brigades defending their communities into the future.

Questions will be along the lines of:

1. What level of support does your brigade currently provide to your community?
2. What will your brigade look like in the future? Will your support model change, grow? Will your risk profile change?
3. Does your brigade own any equipment such as trailers, fridges, office supplies, computers or the like?
4. How do you acquire and dispose of the equipment? Who insures your brigade owned equipment?
5. Does your brigade enter into contracts such as phone plans, electricity and the like?
6. Do you foresee that brigades will need to be able to manage contracts and purchase and dispose of equipment in the future?

The meetings will be chaired by RFSQ Superintendent Tony Hazell and have two elected RFBAQ Representatives who are also SEM Members, Graeme McWilliam and Ian Pike AFSM with other members from RFSQ Volunteer and Frontline Support Services. As mentioned before, secretarial will be provided by Ruth Jennings, RFBAQ staff.

Times when things are happening      

Not now, it's fire season.

Meeting dates will be sent to regions within the next couple of weeks to allow the RFSQ Regional Managers to build this into their planning for next year. Meetings will be held between February/March/April to allow for the collated results to be presented at RFSQ Summit in May which is also the RFBAQ State Executive meeting.

From there Queensland Audit Office and Crown Law will be approached by the QFES/RFBAQ to work on formulating a number of workable legal positions that support the brigades in what they do in their communities and define the relationship between the brigades and the QFES/Department.

How long will that take?  No Idea; but best case scenario is that the information DVD of the new legal position choices and 6 month voting period would commence in January 2019.

That seems like a long way off and a very slow process, but the legal position of brigades and the questions behind it has been a matter of debate since before the Queensland Audit Office report of 1998 and has been batted to one side by successive Governments and the former QFRS.

Now that we have the support of the government and the partnership with the QFES it is time to 'build your house on the rock'.

This is a very exciting time to be a brigade member supported by the RFSQ and the QFES/Department and the RFBAQ hopes that brigade members fully engage with this opportunity to build a new model that allows us all to do what we volunteered for - defending our communities.

Wednesday, 10 Sep 2014

Crown Law advice states – ‘Brigades are not part of the Queensland Fire and Rescue Service’

The Queensland State Government recognises the Crown Law advice.

Again the RFBAQ demands that the QFES Commissioner provides the below -

1. Clear legal definition of what is a Rural Fire Brigade, who constitutes it and what powers and responsibilities it exercises.
2. Clear legal definition of the relationship between QFES, Rural Fire Brigades and the SES.
3. A re-writing of the Rural Fire Brigade Manual, all Operations Doctrines, Standing Orders and Incident Management protocols reflecting the true position of Rural Fire Brigades and the QFES.
4. Amendments to the Fire and Emergency Services Act 1990, current as at 01/07/2014 to incorporate Rural Fire Volunteers and truly reflect the role that Rural Fire Brigades and Volunteers undertake.

Friday, 29 Aug 2014

Only in Queensland. Rural Fire Brigades and SES are Third Party Providers (not part of QFES)

Progression of events

In the QFES Standing Order SO-Q-OM-4.28 valid from 01/08/2014, the Commissioner, Queensland Fire and Emergency Services (QFES) states that Rural Fire Brigades and SES are Third Party Providers to the QFES.

The question over who 'owns' a Rural Fire Brigade was publicly raised by the Queensland Audit Office (QAO) in their 2010 submission to the Queensland Parliament Review into the Management of Rural Fire Services in Queensland.

In this submission, the Auditor General queries the level of departmental control that can be exercised over Rural Fire Brigades in Queensland.

Recommendation 1 of the Queensland Parliamentary Review into the Management of Rural Fire Services in Queensland 2011 is ' 'that the Minister for Police, Corrective Services and Emergency Services undertake a comprehensive legal review in order to clarify the legal position of RFBs and their members'.

Crown Law advice was sought into this question, with advice being provided to the department on 01/11/2011 clearly stating that Rural Fire Brigades are not a part of the Queensland Fire and Rescue Service. And that legally, brigades cannot enter into a contract nor can brigades buy or own property.

The RFBAQ in submissions to the Malone Review raised the question of legal advice arising from the Parliamentary Review and in the RFBAQ submission to Malone stated; 'The RFBAQ has requested the findings of the clarification of the legal position of RFB's in Queensland and their relation to the Department of Community Safety. The RFBAQ has been informed by the QFRS that Government legal advice has been sought from Crown Law, and that the Department has subsequently taken legal advice on the Crown Law advice and that that advice is now strictly confidential.'

This advice was held in confidence by the Queensland Fire and Rescue Service until demanded by the Malone Review in late 2012.

The Malone Review into the Rural Fire Services in Queensland 2013, Recommendation 80 states ' 'That the State Government recognises the legal status of rural fire brigades as per Crown Law advice and addressed by recommendations from this Review'.

In addition to this, the Malone Review Attachment 2 provides a Legal Advice Summary which again states that a brigade is a group of persons separate from QFRS and the department.

Documentation from the Malone Review Implementation Team show that the Commissioner, as Chair of the QFES Steering Committee signed off on Malone Recommendation 80 on the 19/11/2013 and that this Recommendation was supported by the Keelty/PACSR Report and that the Crown Law position is supported by the QFES.

Examples of Brigades being kept at arm's length from QFES

• External Applicants

Rural Fire Brigade volunteers and Auxiliary Firefighters who apply for permanent positions within the Rural Fire Service Queensland are considered external candidates, whereas permanent Urban Fire Officers are considered internal candidates for position in the Rural Fire Service.

• Excluded under QFRS Award 2012

Rural Fire Brigade volunteers and Auxiliary Firefighters who apply for Expression of Interest Positions within the Rural Fire Service Queensland are specifically excluded under the QFRS Award 2012 ' section 1.4, which states ' 'This award shall apply to employees of the Queensland Fire and Rescue Service whose rates of pay are prescribed herein and to the Commissioner of Queensland Fire and Rescue Service as employer in relation to such employees.
Provided that this Award shall not apply to volunteer or auxiliary officers of the Queensland Fire and Rescue Service'.

• Declined access to Daily Incidental Claims

Rural Fire Brigade volunteers are declined access to Daily Incidental Claims for deployments, the entitlement extends to permanent Urban Officers, Auxiliary Firefighters, Rural Fire Service paid staff, SES volunteers, yet will not be extended to Rural Fire Brigade volunteers as RFSQ clearly states that volunteers are not covered by the QFRS Award.

• Non-existent or depreciated Brigade insurance

Brigade insurances see that for a permanent or auxiliary fire station, full insurance coverage is provided, yet with a Rural Fire Brigade insurance support is non-existent or depreciated.
As an example ' when a Rural Fire Brigade is burgled and chainsaws stolen, the Rural Fire Brigade is covered for the depreciated value of the equipment, and then will need to fundraise for the difference. If equipment is stolen from a Permanent or Auxiliary Station, this equipment is replaced by the QFES.
If a Rural Fire Brigade fire engine is damaged on the fire ground, breaks a chassis or is in need of repair, the Rural Fire Brigade will need to fundraise to pay for the repair to what is a QFES asset.
If this damage occurred to a Permanent or Auxiliary fire engine, the vehicle would be repaired or replaced by the QFES.

• Volunteers excluded from the Act

The classification of 1st Officers and Rural Fire Brigade volunteers has seen a further widening of the gap between QFES and Rural Fire Brigades. In the current Fire and Emergency Services Act 1990, current as at 01/07/2014 (link here for full Act) the word 'volunteer' is not to be found once in the 266 pages. Small as this omission is, the implications are profound, for the only member of a Rural Fire Brigade that is mentioned is the 1st Officer who is not recognised as Fire Service Officers under the Act as stated in correspondence regarding a request for clarification from Crown Law from the RFBAQ and subsequent correspondence with the QFES Commissioner.
This has led to Rural Fire Brigades being specifically excluded in the Operation Doctrine ' Incident Directive 8.1 valid from 10/12/2013 where Rural Fire Brigade volunteers are not classified as emergency workers as are Urban Fire Officers, Auxiliary firefighters, SES volunteers, Rural Fire Service paid staff and a Rural Fire Service volunteer from another State or Territory in Australia who travels to Queensland to support in times of fire or natural disaster.

"Fire and Emergency Services Act 1990, current as at 01/07/2014
86 Powers of officers of other States to fight fires in Queensland

(1) In this section
officer of another State means an officer of any body or organisation that, pursuant to any law of another State, is responsible for extinguishing fires in rural areas in that State."

• Completely separate funding

Funding for Rural Fire Brigades has now evolved to a system where a brigade receives completely separate funding and support as that received by the Urban and Auxiliary fire Services. Since January 2014, residents in the 93% of Queensland protected by Rural Fire Brigades now pay the Emergency Management Levy in addition to a Rural Fire Levy collected on behalf of Brigades by Local Councils. This now sees many Queenslanders in Rural Fire Brigade areas paying two fire taxes where Queenslanders in Urban and Auxiliary Service delivery areas pay one tax.
As stated in the attached document from the Public Safety Business Agency FAQ sheet Rural Fire Brigades do not receive funding from the Emergency Management Levy leaving the vast majority of Rural Fire Brigades in Queensland without financial support to fund their operations.

• RFB 1st Officers subordinate to paid Fire Service

In the current Fire and Emergency Services Act 1990, current as at 01/07/2014

"83 Powers of first officer
(1) Where, pursuant to notification given under section 82(2), a rural fire brigade is in charge of operations for controlling and extinguishing a fire, the first officer of the brigade has, for that purpose
(a) the powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and
(b) the control and direction of any person (including any fire officer) whose services are available at the fire.
(2) Any power exercisable by the first officer of a rural fire brigade may be exercised by any person acting at the direction of the first officer.
(3) Any person exercising a power or discharging a function under this section must comply with any code of practice and with any direction of the commissioner.
(4) In this section first officer includes, where the first officer of a rural fire brigade is unavailable to act, the next senior officer of the brigade who is available.
(5) Where a rural fire brigade is assisting in operations for controlling or extinguishing a fire, the person who pursuant to this Act or any direction given by the commissioner is in charge of those operations has the control and direction of the members of the rural fire brigade."

Yet Incident Management System 2.1 valid from 01/05/2010 overrides this clear legislative direction showing that a Rural Fire Brigade 1st Officer is subordinate to Paid Fire Service Officers.
 
How did this happen?
 
The centralised administration of fire in Queensland is managed by a small clique of Senior Fire bureaucrats based in Kedron who have not been volunteers, do not understand volunteers and who have tried unsuccessfully to grow their representation into the Rural Fire Service.
This initially was exhibited by the Senior Officer Union (SOU) http://www.qfr-sou.asn.au/ attempting to become the Union representing Rural Fire Service paid staff. The ruling of the Queensland Industrial Relations Commission 27/10/2010 found that -

"The Bench accepts that a rural fire officer then, and now, has a separate and identifiable area of activity and has different responsibilities and accountabilities to service as a non-rural fire officer. In this regard we have accepted the evidence of Messrs Cifuentes and Edwards to the extent that the major differences between rural and urban operations are clear - these include,

 for rural officers:
fire prevention;
the type of fire;
building inspections;
the volunteer bases of the Rural Fire Service;
conflict resolution;
funding;
use of private equipment by volunteers;
working times;
negotiation between interest groups; and
the fire warden system.

and for urban operations:
response and training.

Having considered that evidence, we are of the view that there are discrete differences between the rural and urban brigades. Notwithstanding the various policy and administrative processes to which adherence must be given, the real differences in the work performed are those cited in the evidence. In our view, the two groupings are discretely different.

Added to that, there is a clear distinction in that one group of employees is engaged in rural services and the other group of employees is engaged in urban work (this encompasses the work formerly done by the Fire Brigade Boards which were the subject of coverage by the two predecessor organisations of the Respondent)."

This then led to the SOU submitting to the Queensland Parliament Review into the Management of Rural Fire Services in Queensland 2011, that 'Consider integrating the current State Office led Rural Operations into current regional structures'.
This proposed step would have seen the growth of the Senior Officers Union power over Rural Fire Brigades in Queensland.

• QFES structure based on Deloitte Review?

The new structure of the QFES in Queensland sees the appointment of three Deputy Commissioners reporting to a Commissioner QFES. In a meeting on the 18/06/2014 with the Deputy Commissioner Operational Capability. The RFBAQ queried in this meeting this structure as it was not a recommendation of the Malone Review or the Keelty/PACSR Report.
The RFBAQ was informed that this new structure is an adoption of a recommendation of the Deloitte Review. The RFBAQ was invited to make submission to the Deloitte Review with very short notice on 07/03/2014, and subsequently has requested a copy of the final Deloitte Report.
Our written request for this information requested on 19/03/2014 remains unanswered.
 
What will happen next

1. Acknowledgement by Kedron that the current centralised system is failing brigades.
2. Clear legal definition of what is a Rural Fire Brigade, who constitutes it and what powers and responsibilities it exercises.
3. Clear legal definition of the relationship between QFES, Rural Fire Brigades and the SES.
4. A re-writing of the Rural Fire Brigade Manual, all Operations Doctrines, Standing Orders and Incident Management protocols reflecting the true position of Rural Fire Brigades and the QFES.
5. Amendments to the Fire and Emergency Services Act 1990, current as at 01/07/2014 to incorporate Rural Fire Volunteers and truly reflect the role that Rural Fire Brigades and Volunteers undertake.

 
It is demonstrably clear that the small clique of Senior Fire bureaucrats based in Kedron have failed in both their duties of diligence and governance.

The RFBAQ position is that if the Senior Fire bureaucrats based in Kedron are unable to implement these critically necessary matters; then the address by Oliver Cromwell to the Parliamentary Rump in 1653 be heeded by the Queensland State Government to whom these Senior Fire Officers report '

'You have sat too long for any good you have been doing lately. Depart, I say; and let us have done with you. In the name of God Go!'