Luke Simpkins (Cowan, Liberal Party) Share this | Hansard source

The reality is that Australia has always been subject to natural disasters. Whether they are floods, cyclones or bushfires, natural disasters are part of our history. Luckily, or by good planning and good grace, our volunteer firefighters are part of our history. They do a most excellent job. Of course, Australia is just like a lot of other countries. We have emergency service and bushfire volunteers to help deal with the natural disasters that affect this country, as they affect others as well. In recent years, as previous speakers have said also, there has been quite a flow of support between nations. We offer our support and they offer it back to us. I welcome this chance to make a contribution on the Foreign States Immunities Amendment Bill 2009, which is designed to provide civil immunity in our courts for firefighters from the USA. This bill, when passed, will help to allow the finalisation of the exchange agreement between Australia and the US, as is being negotiated by Victoria. The bill will provide immunity from proceedings for foreign states and their personnel where acts or omissions occur in the course of their providing emergency management assistance in Australia. The passing of this bill will amend the Foreign States Immunities Act 1985 to provide protection for the personnel who are in Australia assisting an Australian government in their preparation for, prevention of or management of emergencies or disasters.

It is a general principle of international law that representatives of foreign states are entitled to immunity from the litigious jurisdiction of the nation in which they are hosted. This originated from the obligation on host nations to provide immunity from prosecution for diplomatic representatives. In Australia, that obligation was enshrined in the law with the Foreign States Immunities Act 1985. Specifically, personnel from foreign states covered under the act included people from heads of state to government officials. With specific regard to firefighters, since the year 2000, following an international agreement between Australia, New Zealand and the United States, firefighters have been sent back and forth between all of those countries. In fact, in 2003 and 2007 American firefighters came to Australia and provided assistance with bushfire threats. A new agreement between Australia and the United States is now required. However, it cannot be finalised until this bill formalises the immunity requirements from tort proceedings for US firefighters resulting from their carrying out their duties. Following the tragic Black Saturday fires in Victoria, it is of particular and urgent concern that we are certain of having US firefighting support in reserve.

The Foreign States Immunities Amendment Bill 2009 specifically amends subsections 42(1) and 42(2) of the act, allowing the minister to provide opinion to the Governor-General regarding immunity or privilege under the act. It is the case that this bill does not provide immunity for a foreign state in proceedings concerning the death of or personal injury to a person or the loss or damage to property. Although this bill is about legal issues, it is also about dealing with the threats of bushfires and other natural disasters in Australia. Often, we hear from overseas about mass loss of life in floods, earthquakes, mudslides or other disasters, yet we seem to have had so few losses from natural disasters in Australia. Before Black Saturday this year, perhaps that was true, but it has not been since—with nearly 200 lives being lost in that tragedy.

Prior to this year, our other large bushfire disasters have included Ash Wednesday in 1983, when 71 people were killed in bushfires in Victoria and South Australia. I remember at that time—on my way to a rowing regatta event, which used to be my sport when I was a lot younger—flying across the country and seeing the huge plumes of smoke, particularly across central to eastern Australia, that were emanating from the fires at that time. Also, in February 1967, in Tasmania, 62 people died in fires and 1,400 homes were lost. More recently, in 2003 here in Canberra, four lives were lost and 530 homes were destroyed. Having lived in Canberra when I was in the Army, it did not seem real that something like that could happen—a modern city, albeit with forests right up to the edge of it. It seemed almost surreal for those of us who have some knowledge of the suburbs that were affected so badly by that fire. While it is important to concentrate on the circumstances surrounding the tragedy of the deaths and loss of property that have occurred in these fires—and we do that in order to learn not only from the mistakes but also from the successes that have taken place—we must also consider that many more lives could have been lost and property destroyed if we had not had our bushfire brigades and if this country did not have the benefit of their courage and dedication.

I spend much of my time in Cowan promoting and encouraging volunteers. I am talking about the sorts of people who keep our clubs and community organisations going—school P&Cs, service clubs, RSLs and others. These volunteers are, without doubt, a vital part of our community. There is, of course, another group of volunteers who quite literally on occasion risk their lives in support of our communities. In particular I refer to the bushfire brigades and emergency service volunteers that we have throughout the country, including my electorate and others close to it. With Cowan being an outer metropolitan electorate, there is in fact a bushfire brigade in Wanneroo, and in nearby Joondalup, which is in the Moore electorate, there is the Wanneroo-Joondalup State Emergency Service unit. My friend Mal Washer, the federal member for Moore, is extremely proud to have those SES volunteers based in Moore, although pretty much half of them come from Cowan and half from Moore. We certainly thank them for their service.

When I met the SES unit last year, there were 56 members, so unfortunately I cannot take the time to name them today for their dedicated service and commitment to the community, but I would like to mention a few of the leadership group: Karen Condon; deputy unit managers Ian Kirk and Ron Duyvestein; Anne Haynes, the administration manager; team leaders Bill Hansen, Damien Gee, George Moylan, Ken Dewhirst and Steve Faulkner; and deputy team leaders Ian Kidd, Ned Gavan, Paula Gillespie, Peter Higgins and Scott McBroom.

Earlier this year when the parliament expressed our condolences regarding the Black Saturday bushfires, I took the opportunity to speak of the Wanneroo Volunteer Bush Fire Brigade and Wanneroo Volunteer Fire Support Brigade. I expressed my appreciation for their courage and the risks they take for the people of Western Australia and, more often, Wanneroo and surrounding districts. I will, however, say this again: it takes a very special person to be prepared to put themselves in the way of extreme danger. These are very special people.

I really do wonder what sort of country we would have if we did not have people who were prepared to put their lives on the line, particularly in a volunteer capacity. They give up their spare time for the community and, while I understand camaraderie and the esprit de corps is drawn upon as a sense of encouragement for them, the facts are that they could have chosen an easier path. They could do what most people do and adopt the attitude of just leaving it to someone else. This is a job that somebody must do and this nation is all the better because we have very fine Australians willing to stand up and be counted. I congratulate them and I honour them for what they do for all of us.

Having diverged from the detail of this bill, I can say that it has my full support and that I look forward to it being passed quickly so that we can be sure that, should they be required to assist with firefighting in Australia in the coming months, there will certainly be no obstacles to us being able to call upon our firefighting friends from the United States. I commend this bill to the House and I commend the government for bringing it forward.

See this speech in context