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Legislative Assembly for the ACT: 2003 Week 1 Hansard (18 February) . . Page.. 87 ..

MR STANHOPE (continuing):

That is the formal legislative arrangement for declaring a state of emergency. The Chief Minister takes advice on the declaration from the Minister for Police and Emergency Services. It so happens that on 18 January I was also the Acting Minister for Police and Emergency Services, so I provided advice to myself in another capacity. I advised myself to declare a state of emergency.

Before doing so, I took advice, as one would, from all those with a direct role in, or responsibility for, the issues emerging from the scale and nature of the fire. In the process of declaring a state of emergency, I attended a meeting attended by the Chief Police Officer, Mr John Murray; the Chief Fire Control Officer, Mr Peter Lucas-Smith; the Fire Commissioner, Mr Ian Bennett; the executive director of the Emergency Services Bureau, Mr Mike Castle; the chief executive of the Chief Minister's Department, Mr Rob Tonkin; and the chief executive of the Department of Justice and Community Safety, Mr Tim Keady. Also in attendance at that meeting was my chief of staff, Mr Greg Friedewald. I am not aware whether there was any other attendee at that meeting.

At that meeting with those six officials, there was a specific discussion around the desirability of declaring a state of emergency at that time. That meeting for the purpose of discussing whether or not a state of emergency should be declared convened at between 2.00 and 2.30. I would have to take advice from others in attendance as to the actual time.

The case for a state of emergency was put by the Chief Police Officer, Mr John Murray. The pros and cons, the requirements and the legal aspects were then discussed. A position on the legal requirements was put by the head of the Department of Justice and Community Safety, Mr Tim Keady. He was assisted in that presentation by the executive director of the Emergency Services Bureau, Mr Mike Castle. There was a broad-ranging discussion by all in attendance around the desirability or otherwise of declaring a state of emergency. There was a range of views.

Before declaring a state of emergency, I put a specific question to Mr Rob Tonkin, head of the Chief Minister's Department. I think I can remember it verbatim. I asked, "Mr Tonkin, is it your advice to me that I should declare a state of emergency now?"Mr Tonkin responded, "Yes."I put the same question to Mr Keady: "Mr Keady, is it your advice to me as Chief Minister that I should declare a state of emergency at this time?"Mr Keady responded, "Yes, Chief Minister."I thereupon declared a state of emergency at 1445.

MR STEFANIAK: My supplementary question is: when were you first informed that a state of emergency might be necessary?

MR STANHOPE: Between 2.00 and 2.30 pm-or 1400 and 1430 hours, as the Emergency Services Bureau likes to put it-on Saturday, 18 January.

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