Today I’m asked ‘How do I get a workers compensation for injury incurred while fighting a fire with Queensland rural fire brigade?’

The State Emergency Service Act 2024 (Qld) s 20 says that the Commissioner of police must enter into a contract of insurance to provide workers compensation insurance for SES volunteers.  The Workers Compensation and Rehabilitation Act 2003 (Qld) s 13B then provides that WorkCover may enter into a relevant contract with the Commissioner to ensure that SES volunteers are covered. Similar obligations are imposed by the Marine Rescue Queensland Act 2024 (Qld) s 15 and the Disaster Management Act 2003 (Qld) s 142. The Workers Compensation and Rehabilitation Act 2003 (Qld) ss 12 and 13A allow WorkCover to offer insurance to meet those obligations. .

Similar to ss 12, 13A and 13B, the Workers Compensation and Rehabilitation Act 2003 (Qld) s 14 says:

(1)            WorkCover may enter into a contract of insurance for this subdivision with the authority responsible for management of a rural fire brigade under the Fire Services Act 1990.

(2)           The contract may cover a member of the rural fire brigade.

(3)           A person covered by the contract is entitled to compensation for injury sustained only while performing duties, including being trained, as a member of the rural fire brigade.

(4)           However, a person covered by the contract is also entitled to compensation if the person is a specified volunteer firefighter who sustains an injury that is a specified disease.

The ‘the authority responsible for management of a rural fire brigade’ is the Commissioner (Fire Services Act 1990 (Qld) ss 5 and 7A).  There is however no equivalent provision in the Fire Services Act 1990 (Qld) that says the Commissioner or ‘the authority responsible for management of a rural fire brigade’ must take out workers compensation type insurance for volunteer firefighters.

This does seem to be a ‘hangover’ from before the amendments to Queensland’s fire and emergency service legislation (see Review of Queensland emergency services legislation (September 7, 2024)).   Prior to the amendments, the Commissioner’s role with respect to Rural Fire Brigades was limited to being ‘responsible for the efficiency of rural fire brigades and may provide training and other assistance to them’ (Fire and Emergency Services Act 1990 (Qld) s 85 (now repealed).   Arguably Rural Fire Brigades where themselves responsible for their own management and the legislature did not, for whatever reason, want to impose an obligation to insure members.

Now the Commissioner is to ‘manage’ the fire services (which includes the Rural Fire Service Queensland (ss 7A(1)(a) and 8).   It would be better, now, if the Workers Compensation and Rehabilitation Act 2003 (Qld) s 14(1) mirrored the provision relating to the SES and said:

WorkCover may enter into a contract of insurance for this subdivision with the commissioner of the Queensland Fire Services in the commissioner’s capacity as having responsibility for the management of the Rural Fire Service Queensland under the Fire Services Act 1990 (Qld).

It would also be better if the Fire Services Act 1990 (Qld) had a section, based on the State Emergency Service Act 2024 (Qld) s 20, that said:

(1) The commissioner must enter into a contract of insurance with WorkCover or another entity to insure Rural Fire Service Queensland volunteers.

(2) The contract of insurance must cover a Rural Fire Service Queensland volunteer while the person is—

(a) performing a function relating to the Queensland Rural Fire Service in their capacity as a Rural Fire Service member; or

(b) involved in another activity, including training, related to the carrying out of a function of the Queensland Rural Fire Servcie or disaster operations under the Disaster Management Act 2003

(3) In this section—

“WorkCover” means WorkCover Queensland established under the Workers’ Compensation and Rehabilitation Act 2003.

As the law stands WorkCover may enter into an insurance contract to provide workers compensation for Queensland’s rural fire fighters but there is no statutory obligation on the Commissioner (or anyone) to take out that insurance.  I’m sure as a matter of good practice they have done so but it would be better if that obligation was explicit. 

Conclusion

As it stands then the answer to the question ‘How do I get a workers compensation for injury incurred while fighting a fire with Queensland rural fire brigade?’, assuming my correspondent is a registered member of the brigade (s 135), appears to be contact the Brigade or failing that the Queensland Fire Department or WorkCover Queensland, for access to workers compensation claim forms and make an application in the same way that they would if they were an employee.

This blog is made possible with generous financial support from (in alphabetical order) the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), the Australian Paramedics Association (Qld), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.