Page 4792 - Week 16 - Thursday, 29 November 1990
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One last question that I ask the Government is: how much do they expect fire insurance premiums to drop in the ACT after this legislation is passed? The insurance companies will be breathing a big sigh of relief. They will not be paying the pay-outs. It will be litigated against this Government.
MR JENSEN (11.16): Mr Speaker, in making my opening remarks in this particular debate, I wish to refer very quickly to section 64 of the South Australian Country Fires Act 1989. In fact, if one is to read that particular section of the Act that is being so fondly quoted by those opposite, it provides immunity only to persons and not to the Crown. That is the difference. Mrs Grassby seems to be suggesting in her comments that, in fact, that section 64 provides immunity to the Crown. It does not; it provides immunity only to the fire workers, which is, effectively, what this proposal is going to do.
So that there is no argument about what it says, and so that people are aware, that section of the Act states:
A person incurs no civil or criminal liability for an honest act or omission in the exercise or performance, or purported exercise or performance, of a power or function under this Act.
Just let me reiterate: a person, not the Crown. Therefore, to say that the South Australian Act exempts the Crown is incorrect. The Standing Committee of Attorneys-General is, in fact, looking at this particular issue. I would suggest that, at this stage, it is not proper while negotiations and discussions are taking place, for my colleague, Mr Collaery, to identify the points of view that have been taken by the other Attorneys. In fact, Mr Connolly should, perhaps, initiate some discussions with his fellow Labor colleagues who have that responsibility in other States, to find out what their position is before he comes into this place and pontificates without really knowing what is going on.
Mr Connolly seems to be suggesting, in fact, that no-one in any of these organisations is going to make any mistakes at all; even Mr Connolly. However, let me briefly remind the house of a situation concerning Mr Connolly's first attempt to make his mark in this place. He brought forward, in haste, a number of amendments to a number of Bills without consideration of the effect his amendments would have on the minor penalties as well as the major penalties.
I am just trying to identify, for the benefit of Mrs Grassby and Mr Connolly, that people are human and that mistakes do happen. For the benefit of the house, I am just using as an example the mistake that was made in this place by Mr Connolly. They do happen.
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