The Rural Fire Brigades Association says the restructure of Queensland's emergency services should address a shortfall in legal protections for Rural Fire Service members, which was highlighted in a recent court case.
The state government announced the major shake-up would establish a new dedicated department under which the Rural Fire Service would operate separately from their paid, city-based counterparts.
Fire and Emergencies Services Minister Mark Ryan said the Fire and Rescue Service and the Rural Fire Service would make up the department.
He said the Rural Fire Service would be its own separate entity within the department, with its own budget and its own structure.
The restructure comes amid uncertainty within the ranks of the rural firefighters after an obstruction charge levelled against a man who was accused of assaulting an on-duty volunteer was dismissed in Southport Magistrates Court last week.
Authority questioned in court
The related case involved Ashley James Barrett, who was accused of preventing a Rural Fire Service volunteer from entering his property to extinguish a prohibited burn-off in the Gold Coast hinterland on December 7, 2020.
Mr Barrett, 51, admitted in court to pushing Lower Beechmont Rural Fire Service volunteer Dean Cording down an embankment, resulting in a fractured hip.
He pleaded not guilty to one count of obstruction of persons performing functions under the Fire and Emergency Services Act.
Mr Barrett's defence solicitor Denis Hawes said Rural Fire Service volunteers were not employed under the Act and did not carry the same legal status or authority as their paid counterparts.
While Magistrate Jane Bentley found Mr Barrett had assaulted Mr Cording, she said no evidence had been presented to court that Mr Cording was authorised under the Act to enter the property without Mr Barrett's consent.
She found Mr Barrett not guilty and dismissed the charge.
Return of autonomy
Mr Cording said the court proceedings showed RFS volunteers "can't assume we have any authority" but that the restructure should provide a good opportunity to rectify the issues.
"Hopefully with this change, there'll be more emphasis on the local resources, local capacity, to support communities," he said.
Mr Ryan said the incident was "deplorable" but that the restructure would address the legal issues raised during court proceedings.
"As we transition to the new fire and emergency services framework, legislation will need to be reviewed, and this topic will form part of that process," he said.
The Rural Fire Brigades Association general manager Justin Choveaux said changes would impact 28,000 volunteers.
"We will have control over our own destiny and that's something brigades have not had in the past," he said.
Mr Choveaux said that under the current Fire and Emergency Services Act, the Rural Fire Service "lost their autonomy and their ability to determine what was best for rural fire brigades and the communities they defend".
He said the restructure should give volunteers "an internal voice" to determine how brigades operated.
"What's come back is that autonomy," he said.
"We will have control over our own destiny and that's something brigades have not had in the past."
