Memorandum of Agreement

Between XXXX Region

__________________ Local Disaster Management Group

and
The State of Queensland (acting through Department of Education and
Training)

For the provision of temporary access to identified DET facilities for the
purpose of use as a Public Cyclone Shelter and Evacuation Centres.
 Memorandum of Agreement

This Agreement is made this …..………day of …….………....20…..

Between:

[insert name of the local government] Council (acting through the [___________] Local
Disaster Management Group) of [insert address] in the State of Queensland
(LDMG)
And

State of Queensland (acting through Department of Education and Training) of 30 Mary

Street, Brisbane in the State of Queensland
(DET)

Background

A. The Queensland Government has reviewed legislation and public policy that governs and guides
how individuals, communities, local government and state agencies prepare for, respond to and
recover from emergency and disaster events.

B. These reviews have given rise to the acknowledgment of the need to effect emergency and
Disaster Management through, planning, mitigation and contingency strategies to aid response
and recovery.

C. LDMG is established under the Act and one of its functions is to identify, and coordinate the use
of, resources that may be used for disaster operations in its area.

D. DET owns the resources that may be used for disaster operations in the area.

E. The parties wish to document the terms of their agreement regarding the provision of temporary
access to identified DET facilities for the purpose of use as a Public Cyclone Shelter in this
Agreement.

1 Definitions and interpretation

1.1 In this Agreement, unless the context otherwise requires, or the contrary intention appears, the
following terms shall have the meanings respectively assigned to them:
“Act” means the Disaster Management Act 2003.
“Agreement” means this document and all schedules and annexures to this document.
“BAS” Building and Asset Services (formerly QBuild).
“Commencement Date” means the date this Agreement is signed by the parties and if the
parties do not sign on the same date, this Agreement will commence on and from the last of the
dates of signing.
“Contact Officers” means the contact officer for each party nominated in accordance with
clause 12 and set out in clause 14.3.
“Declaration of a Disaster Situation” a district disaster coordinator for a disaster district, may,
with the approval of the Minister, declare a disaster situation for the district, or part of it (ss.64 &
69 of the Act).

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Memorandum of Agreement

“Disaster” A ‘serious disruption’ in a community, caused by the impact of an ‘event’, that requires a
significant coordinated response by the State and other entities to help the community recover from
the disruption (s.13 of the Act)
Where:
“Serious Disruption Event” means –
(a) loss of human life, or illness or injury to humans; or
(b) widespread or severe property loss or damage, or
(c) widespread or severe damage to the environment.
and “Event” means: –
(a) a cyclone, earthquake, flood, storm, storm tide, tornado, tsunami, volcanic eruption or
other natural happening;
(b) an explosion or fire, a chemical, fuel or oil spill, or a gas leak;
(c) an infestation, plague or epidemic;
(d) a failure of, or disruption to, an essential service or infrastructure;
(e) an attack against the State;
(f) another event similar to an event mentioned in paragraphs (a) to (e).
“Disaster Management” arrangements about managing the potential adverse effects of an event,
including, for example, arrangements for mitigating, preventing, preparing for, responding to and
recovering from a Disaster.
“Expiry Date” means 30 June 2020.
“Evacuation Centre” means a designated building specifically selected as a location not
anticipated to be adversely affected by a particular hazard.
“Facility” means the area at the SII identified in Attachment 1.
“Facility Condition Report” means the form contained in Attachment 3.
“Facility Use Details Form” means a notice substantially in the form in Attachment 2, signed by
the parties in accordance with clause 5, which deals with the following:
(a) Description of the Facility, including address and type of shelter to be utilised;
(b) When use of the Facility is likely to commence and end;
(c) Whether there will be hazardous materials administered, kept or otherwise dealt with at
the Facility and a description of those materials;
(d) Details of any unusual risks or hazards that will (or may) occur during the Use Period of
the Facility by the LDMG;
(e) Details of security arrangements to be put in place by the LDMG and details of key
security personnel.
“Minister” means the Minister administering the Act from time to time.
“Public Cyclone Shelter” means a building specifically designed and constructed to provide
protection from wind and debris during the passage of a severe tropical cyclone and constructed
in accordance with the “Design Guidelines for Queensland Public Cyclone Shelters September
2006”.
“Security Officer” is a person who, for reward, guards, patrols or watches another person’s
property and includes an employee employed principally to guard, patrol or watch the employer’s
property and may include for the purpose of this clause, a member of the Queensland Police
Service, Local Government or Emergency Services appointed by the Shelter Manager in this role.

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 Memorandum of Agreement

“Shelter” is a Public Cyclone Shelter.

“Shelter Manager” an LDMG’s personnel appointed under clause 5.8(c).
“Shelter Mode” is the period of time when the LDMG determines the Facility is open to accept
evacuees, until such time as the last evacuee has left the Facility and/ or the Facility is advertised
as being closed whichever is last (for the purpose of this clause advertising would include posting
a notice on the main door of the Shelter).
“State Instructional Institution (SII)” includes State Primary Schools, Secondary Schools,
Colleges, Special Education Schools, State Environmental Education Centres and Outdoor
Education Centres.
“Passage of the Cyclone” is the period of time that commences with a cyclone watch/warning
given for a region until such time as the cyclone watch and/ or warning is cancelled.”
“Use Period” means the period commencing from when the LDMG gives DET a notice pursuant
to clause 5 and ends when the LDMG gives written notice to DET that activities are no longer
required.
1.2 A reference to a person includes a reference to corporations and other entities recognised by law.
1.3 Headings are for convenience only and do not affect the interpretation of this Agreement.
1.4 A reference to a statute, regulation, ordinance or local law shall be deemed to extend to all
statutes, regulations, ordinances or local laws amending, consolidating or replacing them.
1.5 The singular includes the plural and vice versa.
1.6 Words indicating a gender include each other gender.
1.7 A covenant or agreement on the part of two or more persons shall be deemed to bind them jointly
and severally.
1.8 A reference to a clause, schedule or attachment is a reference to a clause, schedule or
attachment to this Agreement and includes any amendments to them made in accordance with
this Agreement.
1.9 In the case of any inconsistency between the Schedules and a clause contained in this
Agreement, the provisions of the clause shall prevail to the extent of any inconsistency.
1.10 References to the authorities, associations and bodies, whether statutory or otherwise, will be
deemed to refer to the authority, association or body established or constituted in its place and
assuming its powers or functions if any of those authorities, associations or bodies ceases to
exist or is reconstituted, renamed or replaced, or if its powers or functions are transferred to any
other authority association or body.
1.11 References to the “consent of DET”, or words of similar effect mean consent in writing signed by
or on behalf of DET. References to “approved” and “authorised” or words of similar effect, mean
approved or authorised in writing by or on behalf of DET.

2 Parties’ Obligations

In consideration of the mutual promises made by the parties and their intentions in this regard,
the LDMG and DET agree to comply with the terms of this Agreement and their respective
obligations stated therein.

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 Memorandum of Agreement

3 Period of Agreement and termination

3.1 This Agreement shall commence on the Commencement Date, and continues until the Expiry
Date, unless terminated earlier in accordance with this clause.
3.2 Where a Council De-amalgamation process has been undertaken, DET will negotiate a new
Memorandum of Agreement with the new Local Government Authority.

4 Classification of Facilities – “Public Cyclone Shelter”

4.1 The LDMG acknowledges that a majority of DET facilities do not comply with the Design
Guidelines for Queensland “Public Cyclone Shelters” and therefore cannot be utilised as Public
Cyclone Shelters.
4.2 The LDMG acknowledges that the Facilities nominated as a “Public Cyclone Shelter” in
Attachment 1 must comply with the Design Guidelines for Queensland “Public Cyclone Shelters”.

5 Use of Facility for Disaster Events

5.1 Upon Declaration of a Disaster Situation and where a facility is required, the LDMG must:
(a) notify DET that the use of the Facility is required; and
(b) give to DET the Facility Use Details Form duly completed and executed.
5.2 When the Facility is required during SII terms, the LDMG must give, where possible, DET 48
hours’ notice prior to the commencement of use, subject to the nature of the Disaster.
5.3 Subject to the provisions of this Agreement, on receipt of the executed Facility Use Details Form,
DET agrees to provide access to the nominated Facility to the LDMG during the Use Period. The
rights granted to the LDMG under this clause are in the nature of a licence only and nothing
herein grants to the LDMG any tenancy or the right to exclusive possession or occupation of the
Facility except during the period the Facility is being used to shelter or accommodate the
community during a Disaster.
5.4 Immediately after DET being notified by the LDMG of a Disaster pursuant to clause 5,
representatives from DET and the LDMG will meet to discuss the use of the Facility.
5.5 Prior to the Use Period commencing, an inspection of the Facility is to be conducted by both
parties, if possible to do so. Facility Condition Report must be completed and signed by
representatives from DET and the LDMG undertaking the inspection. The Facility Condition
Report is to record any existing damage or issues with the Facility. Photographs of the Facility
detailing the prior condition of the Facility should be taken as a part of this process.
5.6 DET must ensure that the Facilities :
(a) will be available for use by the LDMG within six (6) hours of receipt by DET of the Facility Use
Details Form duly completed and executed;
(b) have all non-facility associated DET materials and equipment removed and stored
appropriately so as not to impinge on the available space for the Public Cyclone Shelter;
and
(c) at commencement of the school holiday periods (i.e. non SII periods) that fall within the
cyclone season, currently identified as 1st November to 30th April, are prepared as if the
LDMG had indicated its need to utilise the Public Cyclone Shelter.
5.7 The LDMG and DET acknowledge that security keys given to the LDMG are for the purpose of
activation of, or training in, the Shelter and for the purposes of maintaining or testing the
shelter lockdown bolts. The LDMG is not to be regarded as an alternate key supplier for
external parties (e.g. contractors for the Facility repairs or maintenance when DET personnel
are not available).

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 Memorandum of Agreement

5.8 The LDMG must, in relation to each Disaster event:

(a) be responsible for the management of the Facility and all people attending the Facility during
the Use Period;
(b) be responsible for the conduct and behaviour of all employees and agents of the LDMG and
take all reasonable steps to control the behaviour of evacuees and invitees;
(c) must appoint a Shelter Manager prior to the shelter arrangements being communicated to the
public (the parties acknowledge that the DET staff must not be appointed in any role in
operating the shelter unless engaged as a volunteer to the LDMG and not as a
representative of DET.);
(d) not make any changes, alterations or improvements to the Facility without first obtaining the
consent of DET. The LDMG will be responsible for any costs associated with changes,
alterations or improvements to the Facility and grounds made by the LDMG in accordance
with this clause. The LDMG agrees that no compensation for improvements or
developmental work will be payable by DET at the expiration or termination of the Use
Period and the LDMG hereby releases DET from any such claim or entitlement;
(e) not carry on any activity at the Facility which is dangerous, noxious, offensive, illegal, noisy or
objectionable and will take all reasonable steps to ensure that any invitees to the facilities
do not carry on any such activities;
(f) not bring or keep or allow to be brought or kept any livestock or domestic pets on or about the
Facility (this clause does not apply to the personal assistance animals);
(g) ensure that the Facility is used only for the Purpose specified in the Facility Use Details Form;
(h) ensure that the Contact Officers are kept informed and consulted as appropriate in relation to
anything which is likely to impact on the operation of the Facility as a SII, and the safety and
wellbeing of students, staff and invitees of the SII.
(i) ensure the Facility is secure during the Use Period, and must ensure that there is a physical
security presence (Security Officer) at all times the Facility is operating in Shelter Mode.
The LDMG will be responsible for any costs associated with meeting its security obligations
pursuant to this clause;
(j) ensure that the access routes for users of the Facility are clearly signed and delineated, costs
of any signage and fencing will be the responsibility of the LDMG;
(k) comply with all reasonable directions of the DET Contact Officer in relation to access to the
Facility and must use best endeavours to ensure compliance by users (including community
users, LDMG staff and invitees) of the Facility with agreed access routes, such routes will
be subject to safety issues and the Shelter Manager will have final responsibility for this
matter;
(l) must ensure that only the official car parks identified are used and must not allow vehicles to
be parked on non-hard standing areas, unless otherwise specified in the Special Conditions
or agreed with DET;
(m) vacate the Facility at the conclusion of the Use Period as set out in the Facility Use Details
Form;
(n) using its best endeavours, remove from the Facility all equipment brought by the LDMG, its
employees, agents and invitees and make good any damage to the Facility caused by the
removal unless otherwise agreed in writing by both parties;
(o) comply with any general use information (not inconsistent with this Agreement or the Facility
Use Details Form) provided by DET or the Contact Officers to the LDMG;
(p) upon completion of the Use Period to clean up the Facility to the reasonable satisfaction of
DET; and

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 Memorandum of Agreement

(q) indemnify DET and agree to keep DET indemnified against any claims or liability for damage,
loss, death or injury to the property or person of the LDMG or to its employees, contractors
and agents or to any other third parties which occurs on or about the Facility during the Use
Period or is relevant in any way to the LDMG’s occupation of the Facility except to the
extent DET or its employees, contractors or agents have been negligent or otherwise
caused the damage, loss or injury.
5.9 If:
(a) the LDMG breaches any provision of this Agreement; and/or
(b) the LDMG substantially alters the Purpose or other details of use specified in the Facility Use
Details Form without the prior written consent of DET,
DET may refer the continuance of this Agreement for determination by the Inspector-General of
Emergency Management appointed under s. 16E of the Act.
5.10 The LDMG acknowledges that the grant of licence by DET to use the Facility is contingent upon
the ability of DET to complete the same and DET will not be liable to the LDMG for any failure to
provide the Facility or any of the services therein due to causes which are beyond the reasonable
control of DET.
5.11 If it becomes apparent that the Facility Use Details Form for a particular Disaster event requires
review or amendments during the Use Period, the parties will use best endeavours to agree to
changes or amendments to the Facility Use Details Form, document those changes in writing and
ensure that the Contact Officers are aware of changes to the Facility Use Details Form.
5.12 DET agrees to make the Facilities identified in this Agreement available to the LDMG for training,
familiarisation and exercise purposes. Planning for use of the Facilities for training, familiarisation
and exercises by the LDMG should be undertaken in consultation with the SII Principal or
Regional Director to ensure planned school or community use does not conflict with LDMG
training, familiarisation and exercise requirements.

6 Alterations to Site

6.1 The LDMG must not make any changes, alterations or improvements to the Facility without first
obtaining the consent of DET.
6.2 DET will not unreasonably withhold its consent to requests made pursuant to clause 6.1.
6.3 The LDMG will be responsible for any costs associated with changes, alterations or
improvements to the Facility and grounds made by the LDMG in accordance with this clause
unless otherwise agreed in writing.
6.4 Prior to commencing any works on the Facility, the LDMG must obtain from DET a copy of the
Asbestos Register and the LDMG must consider the presence of Asbestos Containing Material
(ACM) when they are making any alterations to the Facility and all work involving ACM must be
undertaken in line with DET’s Asbestos Management Policy & Plan and in line with relevant
legislation
6.5 DET’s Asbestos Management Policy can be found at
http://ppr.det.qld.gov.au/corp/infrastructure/facilities/Pages/Management-of-Asbestos-Containing-
Material-in-DETE-Facilities.aspx

7 Utilities and operating costs

7.1 The LDMG will reimburse DET for all operating costs (including but not limited to electricity and
water) which are attributable to LDMG use of the Facility pursuant to this Agreement.
7.2 The LDMG’s proportion of costs will be calculated by DET having regard to average usage costs.
DET will act reasonably when calculating usage costs and will provide reasonable evidence of

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 Memorandum of Agreement

usage costs to the LDMG on request. Reasonable costs should comply with Natural Disaster
Relief and Recovery Arrangements (NDRRA) requirements.
7.3 DET will invoice the LDMG for operating costs and the LDMG will pay the invoice to DET within
30 days of receipt.
7.4 Operating costs will not include any loss of revenue to DET for the cancellation of any hiring out
of the facility whether previously arranged or not.

8 Usage of Facility for Disaster Relief simultaneously with SII’s

8.1 Notwithstanding any other provision in this Agreement, the Facilities must not be used during the
school term, unless otherwise agreed between the parties.
8.2 Public Cyclone Shelters are not designed to provide temporary short term accommodation for
people whose houses have been damaged or destroyed during a Disaster. In relation to Public
Cyclone Shelters located on school grounds, their use as the Shelter will generally only be used
for the duration of the cyclone passing through the area with limited time either side for set-up
and restoration to enable school operations to return to usual as soon as possible.
8.3 The parties acknowledge that it may be necessary for the Facility to be used by the LDMG at the
same time that educational services are being provided at the SII. The use as a Public Cyclone
Shelter shall take precedence over DET use; however, the use of other facilities must be
negotiated with and agreed to by DET prior to the move into evacuation centre Shelter Mode. The
parties further acknowledge that it would be unlikely that DET activities are being undertaken
when there is a need to utilise the Public Cyclone Shelter; however, such conflicts could arise
during the set-up and restoration stages of use.
8.4 The LDMG and DET agree to do all things possible to prevent risk or harm to students and staff
at the SII during the Use Period.
8.5 Before the LDMG can use the Facility in Shelter Mode when educational services are being
simultaneously provided at the SII, the LDMG must erect temporary fencing around the Facility to
clearly identify a boundary between the SII and the Facility; excluding training purposes where no
evacuees are present.
8.6 The fencing erected by the LDMG in accordance with clause 8.5 must be a construction safety
fence erected to a minimum height of 1800mm, or the most suitable fencing reasonably available.
8.7 DET may require the LDMG to erect signage to prevent SII students, staff and invitees from
entering the Facility and make clear the risk of danger if the Facility is entered.
8.8 The costs of any fencing and signage required to be erected by the LDMG pursuant to this clause
8 will be paid by the LDMG.
8.9 Clauses 8.5 to 8.7 do not apply to the use of the Facility during the Passage of the Cyclone as
the erection of any temporary fencing would pose an unacceptable risk to both persons and
property in the area.
8.10 The Facility Use Details Form must clearly document processes and procedures that are to apply
use of the Facility when educational services are simultaneously being provided at the SII.

9 Handover and make good

9.1 At the end of the Use Period, the LDMG must return the Facility to DET in the condition that it
was in at the commencement of the Use Period, fair wear and tear excepted.
9.2 Within 48 hours or other mutually agreed time after the end of the Use Period the Contact
Officers from both parties will meet for the purpose of a joint inspection for damage. Both officers
are to agree on damage reported and sign the Facility Condition Report. Photographic evidence
of all damage is to be provided.

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 Memorandum of Agreement

9.3 On the completion of the inspection DET will arrange an estimate of cost damage and notify the
LDMG of the outcome of the damage inspection by providing a copy of the estimate of costs.
9.4 The LDMG will not be liable for external or structural damage to the Facility directly caused by a
weather event.
9.5 In assessing fair wear and tear, only normal use of the Facility will be taken into account (i.e. by
students and community as a sports centre) and disaster recovery uses will not be taken into
account. The LDMG will be responsible for any wear and tear of the facility which is attributable to
the LDMG’s use of the Facility for disaster recovery purposes.
9.6 Any losses, damage to or destruction of the Facility or any part of it, must be repaired or
reinstated as soon as possible at the cost of the LDMG.
9.7 Any rectification works required will be arranged by DET at the LDMG cost as soon as possible
following the end of the Use Period. DET will utilise BAS for any rectification works and invoice
the LDMG accordingly.
9.8 In arranging for repairs to a DET facility, the LDMG acknowledges that some buildings may
contain Asbestos Containing Materials (ACM) and BAS will need to be consulted and engaged to
undertake all repairs to ACM.
9.9 The LDMG must ensure that the Facility is cleaned and free from all harmful chemicals,
contaminants, diseases, and hazards prior to handing the Facility back to DET.
9.10 DET in consultation with the LDMG may carry out, or employ a third party contractor or expert to
carry out, cleaning to bring the Facility to the standard required by DET for use by the SII if
identified in the Facility Condition Report, and any costs incurred in doing so shall be paid by the
LDMG.
9.11 Following the “stand down” for use of the Facility after each disaster event a debriefing will be
conducted between DET and the LDMG to review a Facility Use Details Form for future disaster
events.

10 Warranty and Liability

10.1 DET gives no warranty that the Facility has been designed or constructed for the LDMG’s
purposes.
10.2 Subject to clause 10.4, DET will take all reasonable steps to ensure that the Facility adequate for
the LDMG purposes, however DET will not be liable to the LDMG for any cost incurred or loss
suffered by the LDMG as a consequence of the Facility proving not to be adequate for the
LDMG’s purposes.
10.3 DET will not be liable to the LDMG or its employees, agents or invitees for any loss of life,
personal injury or damage to or loss of property which may be suffered or incurred arising out of
the use of the Facility by the LDMG, its employees, agents and invitees, unless caused by the
negligent act or omission of DET.
10.4 The LDMG acknowledges that DET’s obligations under this clause:
(a) do not extend to DET undertaking any construction or modification works to the Facility that
may impact the integrity of the Facility as assessed by DET or its consultants; and
(b) are subject to DET undertaking the maintenance and building inspections as per the
applicable DET’s Operation and Maintenance Manuals.
10.5 DET is to notify the LDMG of any approved building constructions or modifications that impact the
integrity or layout of the Facility.

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 Memorandum of Agreement

11 Publicity

11.1 The parties must not make any public announcement or representation to any media
representative about this Agreement or anything in relation to it without obtaining prior written
consent of the other party.

12 Liaison

12.1 Each party shall nominate Contact Officers prior to the 1st November each year and provide 24
hour contacts for the cyclone season from 1st November to 30th April.
12.2 Liaison between the parties is to be primarily through the Contact Officers (the primary Contact
Officer in the first instance, followed by the secondary Contact Officer) and where the primary and
secondary Contact Officers are not available or contactable, through DET’s Emergency and
School Security Unit.
12.3 Each party may vary its appointment by giving notice in writing to the other party.

13 Resolution of Disputes

13.1 If either party (acting reasonably) believes the other party has breached this Agreement, the party
asserting the breach may give a notice to the other party requiring them to remedy the breach
within a reasonable time.
13.2 Issues are to be dealt with in an expeditious manner within the spirit of this Agreement.
13.3 Where there is a conflict over any matter relating to this Agreement, the parties will seek to
resolve the issue by negotiation initially between the Contact Officers.
13.4 Where issues cannot be satisfactorily and expediently resolved between the Contact Officers
within a reasonable time, they will be promptly escalated to appropriate officers of each party of
executive level or higher.

14 Notices and contacts

14.1 Any notice or other communication to be given under this Agreement is deemed to have been
duly given or served if it is in writing, signed by the party giving the notice (‘the first party”) and is
either delivered by hand, or sent by pre-paid post, facsimile or e-mail transmission to the
addresses set out in clause 14.3 or any substitute address a party may notify in writing to the first
party for the purposes of this clause.
14.2 Such notice or other communication will be deemed to have been duly received:
(a) if sent by post – at the time when, in the ordinary course of the post, it would have been
delivered at the address to which it is sent;
(b) if hand delivered – at the time when the first party holds a receipt for that document signed by
a person apparently employed at that address for service;
(c) if faxed – at the time when the sender’s fax machine reports in writing that the notice has
been transmitted successfully; or
(d) if send via electronic mail or other electronic means emailed – at the time when the other
party acknowledges receipt by any means,
except that:
(i) a notice that is delivered, faxed or emailed after 5:00 pm on any day, will be deemed
to be received on the next working day; and
(ii) during the cyclone season, Contact Officers may be contacted after hours by
telephone to verify written communication or to clarify the arrangements under the

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 Memorandum of Agreement

Agreement, provided that such arrangements are documented in writing as soon as

practicable.
14.3 The contact details for each party’s Contact Officers is:

LDMG
Primary Contact
Name: __________________________
Position: ________________________
Telephone: ________________________
Mobile: _________________________
Email: _________________________

Secondary Contact
Name: ________________________
Position: ________________________
Telephone: ________________________
Mobile: _________________________
Email: _________________________

DET
Primary Contact
Name: ________________________
Position: ________________________
Telephone: ________________________
Mobile: _________________________
Email: _________________________

Secondary Contact
Name: ________________________
Position: ________________________
Telephone: ________________________
Mobile: _________________________
Email: _________________________

Emergency and School Security Unit (if Primary and Secondary Contact Officers
cannot be contacted)
Name: ________________________

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 Memorandum of Agreement

Position: ________________________
Telephone: ________________________
Mobile: _________________________
Email: _________________________

15 Governing Law

This Agreement is governed by the laws of Queensland.

16 Waiver

16.1 A right under this Agreement will only be waived where the waiver is in writing and is signed by
the relevant party.
16.2 A waiver by either party will not prejudice its rights in respect of any subsequent breach of this
Agreement by the other party.

17 Entire Agreement

17.1 This Agreement constitutes the entire Agreement between the parties in relation to its subject
matter. Any prior arrangements, agreements, representations or undertakings are superseded.
17.2 Where existing arrangements, agreements, representations or undertakings are in place prior to
the commencement of this Agreement; the parties agree to negotiate transitional arrangements
to:
(a) allow the existing arrangements, agreements, representations or undertakings to expire; or
(b) Transitional arrangements must be documented and agreed by all parties to this Agreement.

18 Variation

18.1 This Agreement may only be varied by agreement in writing signed by both parties. It shall be
sufficient evidence of an agreement to vary an Attachment to this Agreement, if the parties
execute and date a document purporting to be a substitute Attachment.

19 Further Assistance

19.1 The parties shall sign all documents and do all things necessary or desirable to give effect to
this Agreement and do all things necessary or desirable to give full effect to this Agreement.

Accordingly the parties have executed this Agreement on the dates appearing below.

SIGNED for and on behalf of the _____________ Shire Council (acting through
the ___________ Local Disaster Management Group)
this _____________ day of ________________ 20__, by:

Sign:
Chair

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Memorandum of Agreement

Name Printed

In the presence of:

Sign:
Position
Name Printed

SIGNED on behalf of the State of Queensland (acting through

Department of Education and Training)
this _____________ day of ________________ 20__, by:

Sign
Position
Name Printed

In the presence of:

Sign:
Position
Name Printed

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 Memorandum of Agreement

Attachment 1 - Summary of Predetermined DET Facilities for use as a “Shelter” as nominated

by the LDMG

DET Region:

School / Institute Name Facility Required i.e. Disaster Specific

block name Use i.e. Flood,
cyclone, bushfire
etc.

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 Memorandum of Agreement

Attachment 2
FACILITY USE DETAILS FORM - USE OF FACILITIES AS PUBLIC CYCLONE SHELTER DURING DISASTER EVENT

Between: State of Queensland (acting through Department of Education and Training) of 30

Mary Street, Brisbane in the State of Queensland
(DET)
And _____________ Shire Council (acting through the ______________ Local Disaster
Management Group of [insert address] in the State of Queensland
(LDMG)
Background
An agreement dated [insert date] (“the Agreement”) between DET and LDMG was entered into to
express the parties’ respective rights and liabilities in relation to the provision of temporary access to
identified DET facilities for the purpose of disaster management operations.
In accordance with the terms of the Agreement the LDMG hereby requests the use of the Facility as
described below:
Facility (name, address and description of the area/building to be used):
......................................………………………………………………………………………….………………
………………………………………………………………………………………………………………………
Contact Officer (name and contact details of DET’s Contact Officer/s):
......................................………………………………………………………………………….………………
………………………………………………………………………………………………………………………
Routes of access to the Facility (insert description or attach a plan)
......................................………………………………………………………………………….………………
………………………………………………………………………………………………………………………
Purpose (describe type of use and disaster event, e.g. use as Public Cyclone Shelter during passage
of Cyclone __________)
....................................................................................................................................................................
………………………………………………………………………………………………………………………
Use Period (insert the dates and times of use, including commencement date and end date)
......................................………………………………………………………………………….………………
………………………………………………………………………………………………………………………
Activities (insert the description of activities (e.g. training, set up, shelter mode, hand over, etc.) and
dates and times of use, including commencement date and end date)
......................................………………………………………………………………………….………………
………………………………………………………………………………………………………………………
The LDMG nominated officer\s in charge of the Facility/Shelter Manager
......................................………………………………………………………………………….………………
………………………………………………………………………………………………………………………
Special Conditions – (insert any special conditions applicable to this Facility e.g. whether there will be
hazardous materials administered, kept or otherwise dealt with at the Facility and a description

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 Memorandum of Agreement

of those materials, details of security arrangements to be put in place by the LDMG and details
of key security personnel )
......................................………………………………………………………………………….………………...
………………………………………………………………………………………………………………………

SIGNED for and on behalf of the STATE OF QUEENSLAND

this day of 20…

by . . . . . . . . . . . . . . . . . . . . . . . . .(full name)

. . . . . . . . . . . . . . . . . . . . . . . . . .(designation)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . (signature)
who is a duly authorised officer
in the presence of:

. . . . . . . . . . . . . . . . . . . . . (signature of witness)

. . . . . . . . . . . . . . . . . . . . …….(name of witness)

SIGNED for and on behalf of the ___________ Shire

Council (acting through the ____________________Local
Disaster Management Group)
this day of 20…

by . . . . . . . . . . . . . . . . . . . . . . . . .(full name)

Coordinator _____________ Local Disaster Management

Group

. . . . . . . . . . . . . . . . . . . . . . . . . . . . (signature)

who is a duly authorised officer

in the presence of:

. . . . . . . . . . . . . . . . . . . . . (signature of witness)

. . . . . . . . . . . . . . . . . . . . …….(name of witness)

Page 16 of 18
Attachment 3 – Facility Condition Report

FACILITY CONDITION REPORT AT THE COMMENCEMENT OF THE USE PERIOD AND

NOTIFICATION TO LDMG OF INVENTORY LOSS & DAMAGE TO SHELTER

Name of Disaster Event:

School/DET premises(Name and address):

Date Inspected: Inspected by:

School/DET facility Contact Name:

Position:
Phone:
Mobile:

FACILITY CONDITION ON INSPECTION DATE

Flooring:

Office/Storeroom/classroom areas:

Windows/Doors/Fixtures:

Amenities (Toilets & Showers):

Kitchen Facilities:

Oval(s)/Grounds/Fencing:

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18
EQUIPMENT AND FURNITURE

Signature of Inspecting Officer: (DET) _______________________________ / /

Signature of Inspecting Officer: (LDMG) _______________________________ / /

Office Use Only (Region to complete)

Copy forwarded to LDMG: / /
Copy forwarded to School/DET facility: / /
Copy to DET Emergency and School Security Unit: / /

Page 18 of
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