Page 447 - Week 04 - Tuesday, 27 June 1989
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The comments received were referred to bodies associated with the operations under the Act. The views of the ACT Criminal Law Consultative Committee were also sought.
A number of amendments to the Act are being considered by an inter-agency working party which includes representatives of the ACT Administration, Commonwealth Attorney-General's Department, Australian Federal Police, ACT Legal Aid Office, Law Society, and the Domestic Violence Crisis Service. I understand that the suggested amendments include those broadening the scope of the Act to provide protection in an increased number of situations. I expect recommendations to be put to the Government shortly.
(2) The priority of any amendments approved by the Government will be determined in the context of the Government's overall legislation program. I would expect such amendments to be given a high priority.
Bushfire Fighters
Mrs Grassby: On 1 June 1989 (Hansard, page 360) Mr Kaine asked the following question without notice:
My question is directed to the Chief Minister and Attorney-General. I refer her to the fact that all States and Territories in Australia, except the Australian Capital Territory, have legislation providing indemnity cover for bushfire fighters should legal action arise from their work in bushfire suppression. Since the volunteer bushfire brigade in Canberra plays such a major role in protecting the public, often at considerable sacrifice to the private lives of its members, will the Government review the current legislation with a view to rectifying this deficiency?
The Chief Minister and Attorney-General has asked me to reply on her behalf. The answer is as follows:
The matter is currently being reviewed and is regarded as high priority for legislative change.
Currently the Careless Use of Fire Act 1936 provides legal indemnity for damage that may be caused during wildfire suppression tasks but not for injury that may occur as a consequence of legitimate decisions made during an emergency situation.
The need for this type of legal cover has become more urgent following the spate of litigation that followed the devastating Ash Wednesday bushfires in Victoria and South Australia.
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