Page 4781 - Week 16 - Thursday, 29 November 1990
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
It would not be unrealistic for a bushfire of this nature to cause damage amounting to tens of millions of dollars. In such a case the Government could find itself losing, for example, half of the ACT budget for housing and community services. I hope the Attorney-General realises this, as he is also Minister for Housing.
I cannot stress enough that it is gross financial folly for the ACT Government to make itself liable for millions of dollars, especially when they will find themselves assuming the role that insurance organisations currently fulfil. Moreover, by requiring publication of a statutory operations manual, the Government is not only inviting legal action; it is preparing the ground for a negligence action. All that may need to be proved to found a successful action would be that the firefighters did not strictly follow the manual. It is important that that point be made. I am sure the Minister has not thought about this.
It also needs to be pointed out that the Minister has not explained why there should be different provisions for rural firefighters and city firefighters. Section 15 of the Fire Brigade Act 1957 says:
Neither the Territory nor any person is liable in any way for damage caused, either directly or indirectly, by the exercise of a power or the performance of a function by a person under this Act.
This provision grants immunity to both the ACT Government and the city firefighters. Why are rural firefighters not being granted the same level of protection? Why are we discriminating between two types of firefighters? I would just like to know what the Minister has in the back of his mind for this. I have a fair idea; but, never mind, we will wait and see.
In the detail stage I intend to move two amendments to clause 15 of this Bill. The first amendment, which replaces the new section 5P, will place the bush fire brigades in the same legal position as the ACT Fire Brigade. It will also protect the ACT Government from the massive damages claims which could arise under the current proposals.
I was told that one of the people from the media rang Mr Tony De Domenico on this and asked him about it. He was absolutely shocked that this would be left in the Act. He found it incredible. We all know that Mr Tony De Domenico is involved with the insurance industry in this city.
Mr Kaine: That is a good bit of third-hand information.
Mr Collaery: You have now convinced us where we are going.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .