Terms of Reference

Counsel Assisting the Grantham Floods Commission of Inquiry (the Commission) published and sought comments on his view on the scope of the Commission’s Terms of Reference (PDF, 135KB).

Commissions of Inquiry Order (No. 3) 2015

Short title

1. This Order in Council may be cited as the Commissions of Inquiry Order (No. 3) 2015.

Commencement

2. This Order in Council commences on 11 May 2015.

Appointment of Commission

3. UNDER the provisions of the Commissions of Inquiry Act 1950 the Governor in Council hereby appoints Walter Sofronoff QC, from 11 May 2015, to make full and careful inquiry in an open and independent manner with respect to the following matters, but not so as to include a review or investigation of the way in which the Queensland Floods Commission of Inquiry was conducted: 
   1. the flooding of the Lockyer Creek between Helidon and Grantham on 10 January 2011, with specific reference to any natural or man-made features of the landscape which could have altered or contributed to the flooding;
   2. whether the existence or breach of the Grantham quarry caused or contributed to the flooding of Grantham;
   3. whether the existence or breach of the Grantham quarry had a material impact on the damage caused by the flooding at Grantham;
   4. whether the breach of the Grantham quarry had implications for evacuation of Grantham;
   5. how these matters were first investigated and how eyewitness accounts were dealt with, particularly by State Government agencies and Emergency Services.
4. AND directs that the Commission carry out its inquiry by calling on expert hydrologists, expert engineers, law enforcement, emergency services and relevant industry; and reviewing relevant literature and data.
5. AND further directs that, in carrying out the inquiry the Commission may have regard to the experiences of individuals and other entities directly or indirectly affected by the flooding of the Lockyer Creek between Helidon and Grantham on 10 January 2011 to the extent the Commissioner considers relevant.
6. AND further directs that the Commission is to have regard to any reports, evidence, data, eyewitness accounts and video footage, in relation to the flooding of the Lockyer Creek between Helidon and Grantham on 10 January 2011, including the findings of the Queensland Floods Commission of Inquiry.

Commission to report

7. AND directs that the Commissioner make full and faithful report and recommendations which he considers appropriate on the aforesaid subject matter of inquiry, and transmit the same to the Honourable the Premier and Minister for the Arts by 31 August 2015^*.
   
   ^* On 9 August 2015 the Premier extended the Commission of Inquiry with the final report to be provided by 30 September 2015. A further extension to 7 October 2015 was made on 25 September 2015.

Report to be made public

8. AND further directs that the Report transmitted to the Honourable the Premier and Minister for the Arts be made public upon its transmission to the Honourable the Premier and Minister for the Arts.

Application of Act

9. THE provisions of the Commissions of Inquiry Act 1950 shall be applicable for the purposes of this inquiry, except for section 19C (Authority to use listening devices).

Conduct of Inquiry

10. THE Commissioner may hold hearings in such a manner and in such locations as may be necessary and convenient.

Endnotes

1. Made by the Governor in Council on 7 May 2015.
2. Notified in the Gazette on 8 May 2015.
3. Not required to be laid before the Legislative Assembly.
4. The administering agency is the Department of the Premier and Cabinet.