Page 993 - Week 06 - Wednesday, 26 July 1989
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Fire Council, the Chief Fire Control Officer, a Deputy Fire Controller or any person acting in the execution or intended execution of this Act in respect of anything done bona fide under and for the purposes of this Act."
be included in the Careless Use of Fire Act 1936,
which is currently being reviewed.
I note that there is a typographical error in that which I failed to pick up before. I seek leave to delete the words "the Crown, the Minister," appearing in line 3 of the proposed amendment.
Leave granted.
MR KAINE: It was not my intention, Mr Speaker, to protect the Government or a Minister from litigation in the case of damage. This proposed amendment is aimed specifically at protecting those volunteer firefighters who serve the community so well. I commend the amended motion to the Assembly.
MR WOOD (4.21): Mr Speaker, the Government supports the motion now, with that amendment. I want to recapitulate on some of the attitudes on this side of the house. Mr Kaine's motion seeks to indemnify bushfire fighters and others operating in a bona fide manner under the Careless Use of Fire Act from civil action arising from the discharge of their duties. We certainly agree with the principle behind Mr Kaine's motion. The Bush Fire Council has raised with the ACT Administration a number of amendments to the Careless Use of Fire Act. A submission on the most urgent of these proposals is being prepared and will be considered shortly.
Mr Kaine raised this matter with the Minister during question time on 1 June. Let me reiterate the Minister's response: Firstly, the need for this type of cover has become more urgent following litigation from the Ash Wednesday fires in Victoria and South Australia; secondly, in the ACT it is necessary to ensure that we provide and are seen to provide maximum protection against unnecessary exposure, exposure to litigation and other such hardships, if we are to maintain our volunteer firefighting force; and, thirdly, the Careless Use of Fire Act is being reviewed as a matter of urgency to provide adequate protection to voluntary firefighters.
Mr Speaker, the Government is considering what other measures are necessary to ensure that bushfire fighters are given adequate protection - measures other than the one that is being accepted here.
The ACT Law Office is currently advising on the most effective protection which can be provided to bushfire fighters in the performance of their duties. The Government has no objection to what we are achieving here. We support this motion, and there may be other actions down the track in support of this worthy aim.
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