George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

The Foreign States Immunities Amendment Bill 2009 will amend the principal act, the Foreign States Immunities Act, to provide for immunity for foreign states and their emergency management personnel in tort proceedings for acts or omissions that occur in the course of the foreign state providing emergency management assistance to Australia. The amendments will principally apply in practice to the United States firefighters deployed in Victoria under a cooperative exchange program. Negotiations are currently underway to finalise a new agreement to continue the existing program. It is intended that this new agreement will apply Australia wide, to allow states and territories to benefit from United States resources. However, the United States will require reciprocal immunity from tort proceedings in order for the agreement to proceed.

The bill amends the principal act to provide regulations for immunity from tort proceedings for a foreign state which assists an Australian government in preparing for, preventing or managing emergencies or disasters. The immunity would only apply to the acts and omissions of the foreign personnel in the course of providing that assistance. It will not apply to criminal proceedings.

Australians have benefited enormously in recent years from the expertise and resources of United States firefighters and, of course, from their generosity. Their contribution in times of sometimes dire emergency has been very much appreciated by all Australians. This arrangement assists both countries not only in the tasks one can perform for the other but for the experience which can be put to use in the firefighters’ home countries. It is therefore very much in our interest to ensure that this arrangement continues. This legislation will facilitate the formalisation of that arrangement. While it is not common here for firefighters to be sued for negligence committed in the course of their duties, such claims do arise from time to time. They may arise more often as our society becomes more litigious. It is clearly not in our interest that any deterrent exist to having access to foreign assistance, expertise and resources in times of emergency.

This is sensible legislation which seeks to secure a very important arrangement and which has the coalition’s support.

Ursula Stephens (NSW, Australian Labor Party, Parliamentary Secretary for Social Inclusion and the Voluntary Sector) Share this | Link to this | Hansard source

I thank Senator Brandis for his comments and support and for helping ensure the bill’s passage through parliament before the next bushfire season, which is what we are all about. The Foreign States Immunities Amendment Bill 2009 would amend the Foreign States Immunities Act 1985 to enable regulations to be made conferring immunity from tort proceedings on a foreign state that assists Australia in preparing for, preventing or managing emergencies or disasters. This is necessary to permit the states and territories to finalise a new agreement with the United States for the exchange of vital fire suppression resources. Due to their domestic legal requirements, the United States cannot finalise this agreement unless immunity is provided for its firefighters under Australian law. Without the new agreement in place, the United States may not be able to assist Australia in the upcoming bushfire season, potentially leaving state and territory fire services dangerously exposed. This regulation-making power is subject to important limitations. Firstly, immunity can only apply to actions of foreign personnel in the course of providing emergency management assistance to the Australian government or a state or territory government; secondly, no immunity can be granted for criminal proceedings or for actions of foreign personnel outside of their duties; and, finally, the bill does not affect the liability of the Australian government, state or territory governments, agencies or officers. Any regulation made under the new power will be subject to disallowance by parliament.

The bushfire exchange program with the United States is an integral part of Australia’s fire management and response capability and this bill is a critical step towards ensuring that this important program can be maintained and strengthened in the future. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.