Senate debates

Thursday, 25 June 2015

Committees

Legal and Constitutional Affairs References Committee; Reference

1:48 pm

Photo of Glenn LazarusGlenn Lazarus (Queensland, Independent) Share this | | Hansard source

I ask that business of the Senator notice of motion No. 6 standing in my name, which refers a matter to a committee, be taken as a formal motion.

Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

Is there any objection to this motion being taken as formal?

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

I rise on a point of order. This motion refers to the Senate Legal and Constitutional Affairs References Committee the use of smoke alarms to prevent smoke and fire related deaths—

Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

Senator, what is your point of order?

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

I am saying to you that this motion has absolutely nothing—

Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

It is not a point of order. Sit down, Senator Macdonald. Formality has not been refused. I now call on you to move your motion, Senator Lazarus.

Senator Ian Macdonald interjecting

There is no point of order, Senator Macdonald. Resume your seat.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

You did not even hear the point of order, Mr Deputy President.

Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

There was no point of order. Resume your seat, Senator Macdonald.

1:49 pm

Photo of Glenn LazarusGlenn Lazarus (Queensland, Independent) Share this | | Hansard source

I move:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 3 December 2015:

Use of smoke alarms to prevent smoke and fire related deaths, with particular reference to:

(a) the incidence of smoke and fire related injuries and deaths and associated damage to property;

(b) the immediate and long term effects of such injuries and deaths;

(c) how the use, type and installation set-ups of smoke alarms could affect such injuries and deaths;

(d) what smoke alarms are in use in owner-occupied and rented dwellings and the installation set-ups;

(e) how the provisions of the Australian Building Code relating to smoke alarm type, installation and use can be improved;

(f) whether there are any other legislative or regulatory measures which would minimise such injuries and deaths; and

(g) any related matter.

Question agreed to.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

I raise a point of order, which I tried to raise before. This motion has nothing whatsoever to do with the Legal and Constitutional Affairs—

Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

That is not a point of order.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

It is. You have to rule it out because it is not relevant to the Legal and Constitutional Affairs—

Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

I have ruled that it is not a point of order. Resume your seat.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

I take issue with your ruling—

Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

Take issue if you like. I have called the question.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

I will give notice that your ruling be disagreed with. I will put it in writing as soon as I can.

Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

In accordance with the standing orders, you do so in writing and you do it immediately and it will be a decision for the next day of business. Thank you, Senator Macdonald.

1:50 pm

Photo of Mitch FifieldMitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | | Hansard source

by leave—Changes to the National Construction Code relating to smoke alarms were only completed in 2014. The Building Code of Australia, Volume 1, pertaining to class 2 to class 9, commercial buildings, and Volume 2, for class 1 and class 10 buildings, residential buildings, are being amended to require interconnected smoke alarms where more than one smoke alarm is required in class 1 dwellings, and in sole occupancy units of class 2, 3 and 4 parts of buildings. At the time that the Australian Fire and Emergency Services Authorities Council, said:

AFAC and member agencies have lobbied hard for these changes and we have successfully collaborated with the Australian Building Codes Board to achieve this outcome.

All of the other matters relating to the motion, as Senator Macdonald indicated, fall within the responsibilities of the states and territories.