Criminal Law Consolidation (Bushfires) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 9 June 2021.)

The Hon. E.S. BOURKE (17:55): I rise to speak on this bill and indicate that I will be the lead speaker for the opposition, who are in support of the proposed amendments. This bill seeks to amend the Criminal Law Consolidation Act 1935 section 85B, regarding the special provisions for causing a bushfire. Such changes are proposed in the wake of the most recent devastating Cherry Gardens blaze earlier this year.

The Cherry Gardens fire was started by arson on Sunday 24 January and destroyed two homes, damaged more than 19 buildings and burned through more than 2,500 hectares of land. Three hundred firefighters and 50 fire trucks fought the blaze on the steep terrain. The CFS maintained a presence on the fireground for 13 days before finally declaring the fire controlled on 3 February.

As the South Australian legislation currently stands, bushfire arson is penalised at a maximum of 20 years' imprisonment, which seems out of step with other forms of arson such as property damage, which can see maximum penalties reaching life imprisonment. I do not need to remind members of the devastation caused by the bushfires of last summer. The economic impact alone of the 2019-20 season is estimated to exceed $4.4 billion. The damage was so extensive it is still being quantified.

Between September 2019 and January 2020, a shocking 10 people were reported or arrested for arson causing a bushfire. It is baffling that the potential widespread devastation to individuals, families, communities, wildlife and landscape caused by these acts of arson is penalised less harshly than setting a single vehicle on fire. Penalties should consider the risk of the loss of human life, whether it be the lives lost of residents desperately trying to save their homes, attempting to escape the unpredictable changes in the fire path, or those lives of our brave volunteer firefighters stepping in to save whole communities.

There are also the long-term impacts that last far longer than the fire itself. Ongoing mental health impacts are experienced by communities who have to flee a terrifying fire front approaching their loved ones, not knowing whether or not they will lose their homes, pets or risk their life and personal safety. Hearing the stories of those impacted by the Cudlee Creek fire, we feel the emotional and psychological toll that bushfires take on the community.

Jessica Jones described her two young sons taking refuge in their cellar with their favourite chooks and their beloved border collie. She and her adult daughter defended their home with a fire hose while her husband set off, away from the house, to attempt to protect the border of their property as the fire approached. She describes the utter relief she felt at seeing his silhouette emerging from the fire as he returned to the home. There is also 90-year-old John, whose property was untouched by Ash Wednesday fires but saw the Cudlee Creek fire climb up the hill towards his house, which was protected by a sprinkler system and a team of brave CFS volunteers putting their lives at risk to save his property.

The first amendment in this bill increases the penalties for causing a bushfire from 20 years to life imprisonment. Such changes will reflect the penalties for general arson as introduced by the former Rann government.

The second amendment mandates that a guilty defendant must pay compensation for injury, loss or damage resulting from the offence under section 124 of the Sentencing Act 2017. This requirement will act as a further deterrent to arsonists as well as assisting with the tremendous cost that comes with such devastation, a cost which is often carried by the rest of the state.

Both of these amendments are made following on the back of Labor's significant changes to fire and emergency management in South Australia, particularly between 2002 and 2014. In 2002 the Statutes Amendment (Bushfires) Bill was introduced into the House of Assembly by the Attorney-General of the time, the Labor member for Croydon, Michael Atkinson. The sentiments raised two decades ago by Labor still apply today. The then Attorney-General said:

Bushfires in an Australian environment require special treatment because of the peculiarly strong possibility of indiscriminate harm being done to people, property and the environment.

While these sentiments remain true to Labor's current position, the severity of fires in South Australia has increased in recent years due to the effects of climate change in causing extreme weather patterns and, simultaneously, the rates of arson are not diminishing.

When undercontrolled, fires can cause as much devastation to wildlife and human life as we have seen in recent South Australian seasons. Why would we not do all we can do in order to deter people from starting them? As the weather begins to turn and we look forward to longer, sunnier days and the approach of summer, we must remember those residents in the Adelaide Hills and in our regions. The approach of summer, especially following the wet winter and all the new undergrowth that has come with it, brings a familiar sense of worry.

Across Adelaide and across the Adelaide Hills regions the warmer weather signals the time to cut back vegetation, to empty gutters, to renew the bushfire plans. But these people need us in this place to put the appropriate penalties in place to deter or stop those who are going out of their way to put lives and the livelihoods of people at risk. This is a timely bill and one that should be supported. Bushfire arson needs to be considered as the significant and deplorable act that it is, and this bill helps to do just that. The opposition will support this bill at the second reading.

The Hon. R.I. LUCAS (Treasurer) (18:02): I rise on behalf of the government to indicate that the government will be opposing the bill. In South Australia there are numerous offences that apply to arson: the act of deliberately causing a bushfire, property damage by fire or explosives, causing a bushfire and risk to human life offences. The South Australia-specific offence of starting a bushfire is broadly consistent with other jurisdictions, although not every jurisdiction expressly references starting a bushfire. The offences currently available in the Criminal Law Consolidation Act already have a maximum penalty of life imprisonment and are applicable in all circumstances where property damage is caused by fire or fire has posed a risk to human life, resulting in the death of a person.

The bill passed the other place on 5 May, as there was a majority in that house that supported it. It was opposed by the government. It is the government's view that the bill is futile. For those reasons, we oppose the bill. However, I am aware that a majority of members in this chamber are supporting the bill, so, whilst we will be opposing it, we will not call for a division.

The Hon. J.A. DARLEY (18:03): I would like to thank the Leader of the Opposition and the Leader of the Government for their contributions. The bill raises the penalty for bushfire arson to be aligned with the general arson provisions. It is a small but important measure to address the social threat that firebugs pose to us all. It is a relief to know of the work of SA Police in checking people who have been identified as a risk under Operation Nomad, as well as the work of SES volunteers who patrol fire-prone areas on catastrophic bushfire days. I urge all members to support this bill.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. J.A. DARLEY (18:05): I move:

That this bill be now read a third time.

Bill read a third time and passed.

At 18:06 the council adjourned until Tuesday 7 September 2021 at 14:15.