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QFRS Home > Building Fire Safety > Appeals Against Commissioner's Orders

Lodging Appeals Against Decisions of the Commissioner, Queensland Fire and Rescue Service

Introduction

The Commissioner of the Queensland Fire and Rescue Service (QFRS) is empowered under the Queensland Fire and Rescue Services Act 1990 (Act) to issue certain notices and requisitions to owners and occupiers of premises where the Commissioner believes that there is a risk to the fire safety of persons in those buildings.

The Commissioner acts through experienced fire officers who have been delegated the power to issue the notices and requisitions that the Commissioner is permitted to issue.  The Commissioner is required to exercise proper care and skill in coming to a decision to issue any order or requisition, however, you as an individual, or on advice from experts in a particular discipline, may disagree with the decision of the Commissioner.

If you think that the Commissioner has erred in issuing a particular notice or requisition, the Act gives you the right to appeal against it to an independent Panel of Referees to have that decision reviewed.

The Panel of Referees is comprised of persons who are skilled in building and fire safety matters and also in legal processes to ensure that you get a fair hearing of your objection.


What orders or notices under the Act can I appeal against?

  1. Requisitions issued by the Commissioner under section 69 of the Act requiring an owner to take measures as required by the Commissioner to reduce the risk of a fire in premises; and
  2. Notices in relation to overcrowding of licensed premises issued by the Commissioner under Part 9A of the Act;
  3. Notices issued by the Commissioner under section 104G of the Act where the owner or occupier has failed to comply with Part 9A the Act, or any regulations made under that part.

Appeals against notices in relation to overcrowding of licensed premises may be made against the determination by the Commissioner that a particular building is an at risk building or against the occupancy number issued by the Commissioner.


What time do I have to lodge an appeal against a decision of the Commissioner?

You have 21 days from the time you received the notice or requisition from the Commissioner to lodge an appeal.  There is no power in the Act to allow the Panel of Referees to extend this time, so you must keep a record of when you received the notice or requisition, and make sure that you lodge your appeal in time.  Under the Queensland Acts Interpretation Act 1954, if the notice is posted to you, you have 21 days from the date the notice would ordinarily arrive by post. Similarly, you must ensure that you allow sufficient time for an appeal application to be received by the Commissioner’s office if you are going to post your application.  We recommend that you send any appeal application by registered post or overnight express post if posting, and preferably lodge by hand.


How do I make my appeal?

Download the following form:

There is no fee applicable at this time.


Where do I lodge my appeal?

You must lodge your appeal with the office of the Commissioner of QFRS at:

Please check our website for contact details.


What happens after I lodge an appeal?

The Commissioner must, within 30 days of receiving your appeal notice convene the Panel of Referees to determine your objection. 

Appeals are informal and you may introduce any evidence that you think will support your case, subject to the relevance of that evidence.


Can I have a solicitor or barrister represent me at the appeal hearing?

You cannot be legally represented, but you can be represented by an agent.  You may wish to have a fire safety expert present your case on your behalf.


What can the Panel of Referees decide?

It may:

  1. confirm;
  2. cancel; or
  3. vary

the notice or requisition as it thinks fit.  It may give any directions that it thinks necessary to give effect to its decision.

The decision must be given in writing to you within 7 days of the decision being made.

If you have any questions about the process of appealing, or require any assistance please contact [name of person] on [ phone number ].


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Last updated 14 December 2006