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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2020-09-09 Daily Xml
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Bills

Dangerous Substances (LPG Cylinder Labelling) Amendment Bill

Second Reading

Mr BOYER (Wright) (10:40): I move:

That this bill be now read a second time.

I am proud to move the Dangerous Substances (LPG Cylinder Labelling) Amendment Bill, otherwise known as Paddy's Law. This bill has arisen through the tragic death of 16-year-old Port Lincoln boy Paddy Ryan. Paddy was at a house party a few streets from the family home in early February this year when, like many teenagers, he did something risky.

In Paddy's case, he inhaled liquid petroleum gas (LPG) from a nine-kilogram barbecue gas bottle. Paddy fell unconscious within minutes of inhaling the gas and, despite his friends calling for an ambulance immediately, he passed away from what is known as sudden sniffing death syndrome. I cannot imagine what followed for Paddy's friends and family. To lose a child is heartbreaking in any circumstances, but to lose such a young man from a freak occurrence like this is really unthinkable.

A few months ago, I joined the members for Mawson and Cheltenham and the Hon. Kyam Maher in Port Lincoln, where we met with Paddy's father, Adrian Ryan. It is very easy, I think, in situations like this to minimise a call for action like the one we have seen from Adrian Ryan in the last seven months as a grieving parent just lashing out, but anyone who took the time to meet Adrian would see that he is a humble but intelligent man, who has put far more thought and research into the idea that formed the origins of this bill than you might give him credit for.

Adrian has looked into the issue of labelling on LPG cylinders in great depth. He has asked questions of the first responders who tried to save Paddy's life. He has asked questions of Paddy's friends who were with him that night, some of whom were also inhaling LPG (or 'huffing' as it is more commonly known), to better determine just how widespread this dangerous practice actually is. He has asked questions of the LPG cylinder industry to gauge its preparedness to comply with a warning label regime. And, of course, Adrian has asked questions of us, lawmakers in the privileged position where we may be able to do something to prevent another death like Paddy's.

Before anyone in this place jumps to the conclusion that Adrian's calls for warning labels on LPG cylinders are just the knee-jerk reaction of a grieving parent, think again. What Adrian learned from Paddy's friends is that they did not actually understand that huffing could be lethal. Did they know that it could be bad for their health? Yes. Did they know that it was a reckless thing to do? Yes. But did they really understand that it could cost them their lives? No.

It was conversations like these that motivated Adrian to push for warning labels on all LPG cylinders that make it clear to kids who might be inclined to give huffing a go that just a few puffs of this gas—and that is all that Paddy took, just a few puffs of this gas—could kill them. That is why this bill is so important. If it saves one life, it is worth it. Sadly, we will never know, but if Paddy had seen a warning label on that gas bottle he may have decided against inhaling it.

Paddy's is not the only case that we know of. An article in the American Journal of Forensic Medicine and Pathology discussing inhalant deaths in South Australia as a 20-year retrospective autopsy study from 1983 to 2002 showed five deaths attributed to LPG inhalation over that period. It also noted that the majority of deaths attributed to all forms of inhalation were due to inadvertent lethal episodes during abuse.

One of the things that struck me and my colleagues when we met with Adrian was the degree to which he had weighed up the potential ramifications for him personally if he put his head above the parapet and called for change in the wake of his son's death. Adrian knew very well that if he campaigned for warning labels on LPG cylinders to prevent kids from inhaling it, he would cop it from all those keyboard warriors.

He knew that if he popped his head up after Paddy's death and commented in news stories those gutless keyboard cowards would attack him and Paddy. Sadly, he was right. In fact, during our meeting with Adrian, he shared with us some of the comments that had been directed towards him and Paddy, comments about Paddy's death just being an example of Darwinism at work and blaming Adrian's and his wife's parenting. I can only imagine how comments like that would make you feel as a grieving parent.

The bill is pretty simple in its design. I will flag now that I plan to move amendments during the committee stage, should we get there, that take into consideration some further discussions with stakeholders regarding the wording and the LPG cylinders to which it will apply, including concerns—some of which are incorrect—that were expressed by other members in the other place. The bill has come to us from the other place, where it was passed before the winter break.

I would like to take this opportunity to thank the Hon. Connie Bonaros and her SA-Best team for the great work they have done driving this change and also the Hon. Tammy Franks and Mark Parnell for their support, which, along with the support from Labor members in that place, has seen the bill make it this far. Unfortunately, the bill did not have the support of the government in the other place, and after listening to the Hon. Rob Lucas deliver his second reading speech I wish to make some comments in response for members in this place to consider.

There were a number of issues raised by the Treasurer as to why the government chose not to support this potentially life-saving bill. Firstly, he offered the misunderstanding that this regulation must be implemented federally or not at all. Although federal leadership on this issue is something we would certainly welcome on this side of the house, this government, including this most recent parliament, has a record of regulating on issues that might actually, in a perfect world, be managed federally when we deem it a priority and the appetite from our colleagues in Canberra is not there to take action.

One recent example was when this government passed changes to the Fair Trading Act around gift cards in 2018—a good move in my opinion. Then, after a federal solution was put in place in November 2019, the government moved to repeal the law. In fact, this house passed that repeal not so long ago and I believe it might still be before the other place. There is also precedent under container deposit legislation that requires labelling for recyclables. South Australia was the only jurisdiction for decades that required this, but we persisted, even in the face of criticism that it increased costs for producers, because we knew it was the right thing to do.

Secondly, Mr Lucas raised concerns regarding the wording and potential inconsistencies across jurisdictions, and one of my intended amendments will go to that issue. Gas Energy Australia, the peak body in this area, is very supportive of the bill. In fact, it is working on a voluntary code for the adoption of warning labels and, through consultation with that organisation, we have developed the amendment to be in line with the voluntary scheme. I also know that other national businesses have confirmed their strong support of the bill and that affixing new stickers to their stock, which, as I said, they would do nationally, would not be burdensome and is actually entirely achievable in the time frames provided for in the bill.

Finally, the one other reason given by Mr Lucas for not supporting the bill was that the Leisure Cylinder Connect Type 27 (LCC27) valve (a very technical term, I agree) will hopefully receive approval by 2021 and could then be rolled out on gas cylinders nationwide. Although this new connection type on LPG cylinders would make the inhalation of LPG more difficult, it will take many years to roll out, and until it is incorporated into all the Australian standards, which will again take time, of course, it will not be mandatory.

The bill is not intended to be political and I hope it is something that the government can reconsider and support. In no way does passage of the bill cause confusion or add any unnecessary burden on business. What it does do is provide another layer of protection for young people like Paddy Ryan, who was, in essence, doing what teenagers have done since time immemorial—that is, trying something dangerous and doing something reckless.

A simple warning label on an LPG cylinder could be the difference between someone like Paddy taking a huff in the naive assumption that it could not do him any harm and pausing to consider the potentially fatal consequences. It might even lead to a conversation at the family table about why inhaling liquid petroleum gas is so dangerous and the potentially fatal and tragic outcomes that it can have. And, yes, it might also provide just a modicum of comfort for Adrian and his family to know that even though Paddy is gone and we cannot bring him back, this bill, named in his honour, may help stop another family going through the same torment that they have gone through.

I know the member for Flinders and the Hon. Connie Bonaros have spoken to Adrian personally, and I would encourage other members to reach out to him before this bill is considered further. I commend the bill to the house.

Mr TRELOAR (Flinders) (10:50): I would like to speak in support of this bill. As the member for Wright indicated, the bill comes to us as a result of the death of one Paddy Ryan, a Port Lincoln teenager who huffed on a gas bottle at a party and died. It has obviously had serious and extreme repercussions through the community at Port Lincoln, not just to his family but to his friends and the broader community.

I have met with Paddy's father, Adrian Ryan, on a number of occasions now. He has put a lot of thought and effort into what he might do as a father to ensure this does not happen to anyone else. He has had good support from a close group of friends, including educators from within the Port Lincoln city. I have also met with those people who are providing support, comfort and encouragement to Paddy's father, Adrian.

One of the things that struck me at a recent meeting was when one of the educators at Port Lincoln said that she had rather a large group of schoolchildren in a room—about 110 students, I think she said—and she asked quite openly, of these teenage students, 'Who of you have not tried this?' Only four put up their hand. Most of the rest of us in this chamber would never have heard of this. I had never heard of huffing. It is known by other terms, obviously, but it is known as huffing at the moment. Essentially it is taking a gasp of gas from an LPG cylinder to try to get some sort of high in a party situation.

As the member for Wright rightly indicated, teenagers do risky things. We have all done risky things as teenagers, but unfortunately on this particular night it had tragic consequences. It is widespread, far more widespread than we, as mature adults, would ever have recognised. I understand, according to Mr Ryan, that there have been deaths from this experience in the past, going back some 10 or 15 years even. It was not recognised particularly at the time, but it has certainly come to the fore now and has been brought to my attention.

We all have those LPG gas bottles at home, in the shed, on the barbecue. They are used for any number of reasons. They are readily accessible and dare I say they are more accessible to an underage teenager than a six-pack of beer. They are cheap, available, accessible. They supposedly give a high, but there is some doubt about that, even. Anyway, I digress.

Mr Ryan's aim is to have warning stickers affixed to the LPG cylinders. It is as simple as that. It is not an extensive bill. The member for Wright has indicated he will move amendments. I will most likely be chairing that committee, so I look forward to that debate. I do not believe, as an individual, that it is asking too much. It is relatively inexpensive. It seems to have the support of the broader industry, and I know it will take time. There are millions of gas bottles out there right across South Australia and Australia, so it will take time. But the feeling is that, if a warning label can help one teenager stop and think about what he or she is doing, then it is going to be worth it.

There is a new valve connection coming in 2021; ultimately, that will arrive. Once again, it will take time to be affixed to all gas cylinders throughout Australia. Mr Ryan feels that time is an imperative here. I must say that as a parent I feel his pain, as do all who are parents in this place, I am sure. So I congratulate Adrian Ryan on his position and the efforts he has made in what must have been extremely trying circumstances, not just on the night of the party but in the weeks and months that have followed.

As a representative in this place of Port Lincoln and the broader Eyre Peninsula community, it is paramount that I bring these concerns to the parliament and provide support for a bill that may save a life.

Debate adjourned on motion of Dr Harvey.

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