Yvette D'Ath (Petrie, Australian Labor Party) Share this | Hansard source

I rise to speak in support of theForeign States Immunities Amendment Bill 2009. This is one of those bills that will get no attention in the media and will proceed without any fanfare. However, the importance of this bill should be acknowledged. The Foreign States Immunities Act 1985 provides a regime for the immunity of foreign states from the civil jurisdiction of Australian courts. This immunity is subject to various exceptions listed in the act. These exceptions include proceedings concerning the death of or personal injury to a person and loss or damage to tangible property caused by an act or omission that occurs in Australia.

This bill seeks to amend the act to enable a foreign state, and its emergency management personnel, to be immune in tort proceedings under the act for acts or omissions that occur in the course of the foreign state providing emergency management assistance to Australia. It is important to note that this immunity would apply only to acts and omissions of the foreign personnel in the course of providing the emergency management assistance. This means, importantly, that any negligence by a foreign official outside of their duties would remain subject to the jurisdiction of Australian courts. In addition, and equally important, the immunity would not extend to any criminal proceedings.

With current negotiations proceeding with the United States for a new agreement that will further enhance the support exchanged between Australia and the United States in relation to fire suppression resources, this bill is not only useful to assist those negotiations but also essential. One aspect of the new agreement which remains outstanding is the status of the United States and its firefighters in legal proceedings that may be brought in Australia. Due to their domestic legal requirements, the United States cannot finalise the agreement unless immunity for tort proceedings is provided concerning the actions of their firefighters in the course of their duties. It is the case that firefighters from the United States under the existing agreement have been assisting with fires in Australia, but it has remained a concern of the United States throughout this time that such legal protections do not exist.

Australia’s bushfire season rapidly approaches and the devastating effects of the Black Saturday fires are still very much being felt by the families and communities involved and also by the broader Australian community. In this context it is important that Australia take all necessary steps to ensure strong relationships and formal agreements are entered into with other countries that can provide support in circumstances of emergencies or disasters within our country. This is not to say that Australia does not have its own obligations to assist in relation to emergencies and disasters across the nation, but by taking such action and entering into such agreements we will provide support to our own emergency personnel who may assist those reciprocal countries in times of need. It is reasonable for any country to want to ensure, when sending their emergency personnel to another country to provide essential resources, that immunity is provided in the exercising of those duties while in that country. We would seek such support ourselves for our own emergency personnel.

This bill will enable vital USA firefighters to be deployed to Australia over the next fire season. We should take this moment to acknowledge that in the last seven years over 170 US firefighters have been deployed to Australia, on three occasions: for the 2003 Alpine fires, the 2006 Great Divide fires and of course the 2009 Black Saturday fires. Over 260 Australian firefighters have been deployed to the United States on five occasions. Because Australia and the United States have similar training and operate in similar conditions, US firefighters can fit into crucial roles at short notice. They provided invaluable assistance during the devastating Black Saturday fires.

Let us not forget the human face of these devastating fires. Just this week my local community on the Redcliffe Peninsula have been host to survivors from the Kinglake fires. People in the community have hosted these survivors by billeting them in their homes so that these survivors can spend time relaxing and enjoying life—not something to be taken for granted. The Redcliffe Seaside Traders have organised this visit and have been holding events across the peninsula to raise money in support of the survivors and the great work being done by the Kinglake community. Jenny Wald, one of my electorate officers, was in attendance and delivered a speech on my behalf yesterday at an event held by the Redcliffe Seaside Traders at Scarborough State School to commemorate the victims. I hope the survivors from Kinglake enjoy their visit to the Redcliffe Peninsula, with beautiful Moreton Bay as their backyard. It is certainly a great place to visit. We know that a trip like this cannot heal the pain felt by these survivors, but we do hope that it provides some relief and an opportunity to see that people all across Australia are here to provide support. The people of Redcliffe are certainly renowned for that.

On the Australian United States exchange program, it is important to note that the program also provides valuable experience to Australian and US firefighters, helping firefighters develop new skills and knowledge. The new agreement will give equivalent immunity for Australian firefighters when operating in the United States. Of course, this bill does not limit itself to firefighters in the United States. Even though at this stage there is no intention to enter into such agreements, the Australian government is certainly able to create immunity by entering into similar arrangements with other countries. Although fires are a serious threat to Australia, we cannot ignore that many other emergencies or disasters can occur, whether natural or otherwise.

Australia is certainly not immune to cyclones, and the American people are still recovering and rebuilding their lives after the consequences of Hurricane Katrina. We also remember disasters such as the Thredbo landslide and Stuart Diver’s rescue, and the Beaconsfield mine collapse with the rescue of Brant Webb and Todd Russell. With those miraculous rescues, our thoughts also go to the families who lost loved ones in those disasters. We will always remember the terrifying tsunami that struck Indonesia and surrounding areas and the devastating loss of life—again, communities that continue to rebuild to this very day. Support came from numerous nations, including Australia, to assist in that disaster.

We cannot put a figure on the human toll that arises from the event of an emergency or disaster. We know that the effects are lifelong and widespread. We as a government have an obligation, where circumstances are within our control, to provide all the support we can and to put in place the mechanisms to forward-plan for emergencies and disasters. It is Australia’s obligation to ensure that barriers do not stand in the way of obtaining foreign support when times of emergency and disaster strike. Where countries have the ability to share expert resources, they should ensure that they provide that support. We also have a responsibility, which is to ensure that protection is provided to our emergency personnel and equally that we are providing such support to foreign countries in similar circumstances.

As I have stated, disasters come in many forms and they are not all naturally occurring. One example of a non-natural disaster emergency, of course, is mining accidents, and the United States and Australia have certainly seen their fair share. These types of disasters can require urgent specialist assistance to save lives and, in cases like these, the Australian government may wish to call quickly on assistance from another country. Of course, this bill does not result in immunity being provided automatically to foreign emergency management personnel that may assist Australia in such circumstances. Rather, what this bill provides is a framework for limited civil immunity to be provided where appropriate on a case by case basis.

I hope the passing of this bill will not only assist in the finalisation of a new agreement between Australia and the United States but also lead the way to new agreements and stronger bonds with a range of countries in the exchange of critical resources in emergency and disaster response. The message is simple: the Australian government is committed to strengthening our capacity to withstand disasters and emergencies in order to protect the safety and security of all Australians. I commend this bill to the House.

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