Page 4778 - Week 16 - Thursday, 29 November 1990
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Mr Speaker, what sort of consultation does this Government carry out when both the Bushfire Council and one of its members, Australia's most eminent bushfire research scientist, say that they have not had the opportunity to express their views on this important legislation despite the fact that on numerous occasions they have asked to see the legislation? It is unfortunate that this Government did not consult with these people, because, if they had, this legislation would not contain the flaws that it does.
Before I turn to the question of immunity versus indemnity, I would first like to ask the Minister to explain, in his response, what he intends to achieve by introducing a fire control manual. The Volunteer Bush Fire Brigades Association has expressed to me, in no uncertain terms, their belief that the manual would simply hamper their operations, and that it should be deleted from the legislation. While I have some sympathy with their views, I understand that it may be important for the Bushfire Council to have an operation manual. I would like the Minister to set out clearly and precisely the role he envisages for the fire control manual. I wish to be assured that it will not become a cumbersome, bureaucratic document that would hamper the work of the volunteer bush fire brigade.
Let me now turn to the question of the indemnity provisions included in this Act. In his presentation speech, the Minister said:
The Bill brings the protection of bushfire fighters acting in a bona fide manner in line with the provisions that apply in every other mainland State or Territory within Australia.
I would like to read that again:
... the provisions that apply in every other mainland State or Territory within Australia.
This is simply not true. I hope the Minister is listening. It is simply not true. Section 48 of the Bushfires Act of New South Wales provides total immunity, not indemnity for bushfire fighters, as does section 64 of the Country Fires Act of South Australia. Similar provisions apply in Queensland, Victoria, Tasmania and Western Australia, and even the Northern Territory. I am not sure about the provisions for Christmas Island or Norfolk Island. Perhaps, this is what the Minister had in mind. The new provisions suggested in this Act will put the ACT out of line with every other State. We will be out of kilter with every other State in Australia. Although located as an island in New South Wales, as we are, we will be out of kilter.
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