The head of a federal emergency management agency says the Commonwealth does not have the power to send defence personnel to assist with a flood response unless the states request it.
Joe Buffone, the director general of Emergency Management Australia, said widespread and devastating floods in NSW and Queensland have impacted “thousands of individuals and many, many communities” and “our thoughts are with them”.

Severe flooding in Lismore on February 28, when defence force helicopters were activated.Credit:Elise Derwin
He said decisions during the “persistent” and “dynamic” weather event, which stretched from Kiama to Gympie, were made with the best information available.
Mr Buffone emphasised that states have a responsibility for coordinating and planning for the response to disasters, with the Commonwealth and Defence having no legal jurisdiction to respond unless states request it.
“The Commonwealth does not have legal authority to take over,” Mr Buffone said. “As the disaster unfolds and escalates, the Commonwealth does not become the jurisdiction of responsibility.”
He said the defence force had been working behind the scenes preparing personnel and aircraft, activating a plan on February 25 which would have eased the path for states to request this assistance, but no requests were made at this time.
On February 28, when flooding swallowed homes in the NSW town of Lismore and residents were forced to climb onto roofs to await rescue, Defence readied three helicopters anticipating that they would be called to assist, Mr Buffone said.
When the request was made, the helicopters were performing rescues by about 2.30pm, he said.