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Legislative Assembly for the ACT: 2004 Week 06 Hansard (Tuesday, 22 June 2004) . . Page.. 2385 ..

I think the wisdom of 165 is that it makes very clear to all emergency service units in the ACT what they cannot do. I think units will clearly understand that requirement. But there is still a danger that if for the purpose of evasive action they move over the border—not necessarily that they deploy across the border—they will get caught up in this. Surely they would be accountable after the event anyway for whatever purpose they carry out.

I must say, too, that this issue has been raised with me by a number of emergency personnel who feel intrinsically that they should not be penalised if they have to react to something. I think they clearly understand, too, the requirement that they cannot breach the orders of the territory controller and deploy over the border. So I would just seek a clear understanding of that principle.

MR WOOD (Minister for Disability, Housing and Community Services, Minister for Urban Services, Minister for Police and Emergency Services, and Minister for Arts and Heritage) (9.47): The principle is clear that in a declared emergency, a pretty serious situation, controllers must take control. There were circumstances in the 2003 fire when some units—or even more than that—were tempted to do their own thing. So this is entirely justified in all the circumstances.

Question put:

That Mr Pratt’s amendment be agreed to.

The Assembly voted—

Ayes 5

Noes 10

Mrs Burke

Mr Berry

Ms MacDonald

Mr Cornwell

Mr Corbell

Mr Quinlan

Mrs Dunne

Mrs Cross

Mr Stanhope

Mr Pratt

Ms Dundas

Ms Tucker

Mr Stefaniak

Ms Gallagher

Mr Wood

Question so resolved in the negative.

Amendment negatived.

Clause 165 agreed to

Clauses 166 to 215, by leave, taken together and agreed to.

Schedules 1 to 3, by leave, taken together and agreed to.

Dictionary

MR PRATT (9.53): I move amendment No 21 circulated in my name [see schedule 2 at page 2441].

Mr Speaker, the amendment is consequential and I think it speaks for itself.

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