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Legislative Assembly for the ACT: 2004 Week 06 Hansard (Tuesday, 22 June 2004) . . Page.. 2372 ..


MRS CROSS (8.53): I will also be supporting this amendment of Mr Pratt—it has merit. I compliment Mr Pratt for putting a lot of thought into his couple of dozen amendments.

MS DUNDAS (8.54): We will also be supporting this amendment. As Mr Pratt has indicated, it recognises that a person may do other acts that protect property or the environment before an emergency service arrives, and that that person should also be exempt from any form of penalty. While it is unlikely that the offence provisions would be used against someone in a particular situation, as they are generally working to prevent people setting up their own private emergency services, it is a useful clarification and we support its being included.

MS TUCKER (8.54): This amendment is to add to the good Samaritan clauses in the legislation at section 63 (3). Section 63 is primarily concerned with making it an offence to set up an approved emergency service—Service with a capital “S”. Subsection 63 (3) makes it clear that it is not an offence to offer services—services with a lower case “s”—to assist where needed.

The existing definitions in section 63 (3) relate to provision of aid in relation to a person. Mr Pratt’s amendment relates to other forms of volunteer action to reduce, or attempt to reduce, the effects of an emergency before the arrival of an emergency service—actions such as people helping to bucket water onto fires around the police training centre during last year’s fires. It was not direct assistance to any particular person but it was certainly in response to the emergency. I have already heard the government’s view on this and, as I understand it, neither the commissioner nor the government have a problem with it. We cannot see a problem with it either and we are happy to support it.

Amendment agreed to.

Clause 63, as amended, agreed to.

Clauses 64 to 71, be leave, taken together and agreed to.

Clause 72.

MR PRATT (8.56): I seek leave to move amendment Nos 13 and 14 circulated in my name together.

Leave granted.

MR PRATT: I move amendments Nos 13 and 14 circulated in my name together [see schedule 2 at page 2441].

While there are statements at sections 29 and 30 respectively for the chief officers of the two fire services regarding responsibilities for operational planning, I believe it is necessary to ensure the importance of their roles and to define the respective responsibilities of their roles in the preparation of the strategic bushfire management plan. That is the aim of this amendment.


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