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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-04-30 Daily Xml
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CRIMINAL LAW CONSOLIDATION (LOOTING) AMENDMENT BILL

Introduction and First Reading

The Hon. I.F. EVANS (Davenport) (10:37): Obtained leave and introduced a bill for an act to amend the Criminal Law Consolidation Act 1935. Read a first time.

Second Reading

The Hon. I.F. EVANS (Davenport) (10:37): I move:

That this bill be now read a second time.

This bill addresses what I think is one of the more serious issues in relation to arson and bushfire generally. This deals with the issue of looting areas that are affected by bushfire and, indeed, this bill goes further to emergency declarations such as earthquakes and other disasters.

We have all seen the very bad fires in South Australia, Victoria and Western Australia over many years and, usually, one, two or three days after the fire, you have media reports of people scavenging through people's half burnt-out houses and businesses and stealing from them. I think people who do that are the scum of the earth, frankly, and I think we should be throwing the full force of the law at them. It is outrageous that these people suffer the loss of their property and livelihood only to find that some people seek to take advantage of it by ransacking what is left of their personal possessions.

This bill provides that where there is an emergency declaration under the Emergency Services Act and other acts, robbery and theft will be treated as aggravated offences and they will therefore incur a much higher penalty. The penalty for robbery, for instance, increases from 15 years to life imprisonment, and for theft from 10 years to 15 years. So, it sends a very strong message to looters that, if you are going to go into areas that are suffering disasters and try to take advantage of someone's bad luck, if you are caught, you are going to face a significantly higher penalty.

It goes further than that. The bill also covers areas that are covered when the appropriate authority—generally the CFS—makes a radio broadcast or public broadcast to put in place a bushfire action plan which generally may include evacuation. Let us say that the people of my electorate, Davenport, are advised to put in place their bushfire action plan which leads them to evacuate the district, those with criminal minds might say, 'Here's my chance to whiz into those areas. There will be very few people home and I will take advantage of the disaster of the pending fire by committing robbery or theft when they are not home.'

This bill provides for aggravated offences in not only the circumstance where the disaster has occurred but also where there has been a broadcast to put in place a bushfire action plan. This creates a disincentive for those who are inclined to commit robbery or theft in those areas covered by that public declaration. This bill will send a very strong message to those who may decide they want to take advantage of people's bad luck in emergency situations, and I think it sends a very strong message to looters that what they do is simply not going to be tolerated by the authorities or, indeed, by the parliament.

When people have a bushfire or an earthquake and their property is damaged, the parliament has a duty to offer them the strongest protection possible. By making theft and robbery in those sorts of areas an aggravated offence, the parliament is sending the strongest possible message that looting after a bushfire or other disaster (or, indeed, before a bushfire) will simply not be tolerated by the parliament. I hope that the parliament will show its support for this measure when it comes to the vote.

Debate adjourned on motion of Mrs Geraghty.

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