I am writing to you to bring to your attention concerns that the unit holds about the format and procedure to be used in the McLeod Inquiry into the Operational Response to the January 2003 Bushfires.

One of the union's objectives in becoming involved in the inquiry is to ensure that a full, open and accountable inquiry is held and that any evidence provided to the inquiry is accurate and truthful. The union is keen to ensure that any recommendations and findings made by the inquiry, affecting union members, are based on accurate and truthful evidence.

The union is of the view that if the ACT Government wants to discover the truth about the operational response to the January 2003 fires, on the basis of properly tested evidence, then the inquiry proceedings should not give rise to any participants being sued for defamation for what they say to, or in, the inquiry.

Members of the union are decent, honest, hardworking fire fighters of high integrity. They have instructed me to represent their interests, and to ensure their point of view is put forward, because there is general disappointment within the union that the ACT Fire Brigade was not able to respond to the January 2003 fires as it should have been. Members of the union take their job very seriously and are clearly aware of the heavy responsibility that they must discharge to the community in times of disaster by fire.

I am instructed that many issues such as vehicle breakdown, communications failure, inadequate training, lack of experienced senior officers, lack of fire fighting personnel, failure of administrative and management command and control procedures, lack of top level leadership and other issues, all contributed to problems faced by members of the union on 18 January 2003, whilst fighting the fire. I am instructed that many of these problems put the lives of fire fighters at unnecessary risk. I am instructed that the Emergency Services Bureau link to the ACT Fire Brigade has been shown to be a failure by this fire. Many of these issues are contentious and controversial. Union members do not wish to use this inquiry to insult and defame other persons. However, if they are to put their story forward they should not face the threat of a defamation writ from a person who may be disgruntled by what he hears.

I would respectfully submit that your government take appropriate steps to ensure that persons giving information to the McLeod Inquiry cannot be subject to claims for defamation. I would also request that legal representatives, such as myself, and Mr McLeod himself also be protected from defamation claims resulting from comments made to, or in, the inquiry.