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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
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Bills

Dangerous Substances (LPG Cylinder Labelling) Amendment Bill

Second Reading

Debate resumed.

Mr PEDERICK (Hammond) (11:14): I would have loved to make a—

Members interjecting:

The SPEAKER: The member for Hammond has the call.

Mr PEDERICK: I appreciate the so-called experts on the other side, and I might remind the opposition that I probably speak on more bills and make more contributions than anyone in this house, so to make any other reflection is just wrong.

The Hon. A. Koutsantonis: Without notes.

Mr PEDERICK: Yes, without notes as well. In regard to this bill, this very serious bill about LPG labelling, there are many complexities around it, many complexities the industry has been working through. It resulted in the very sad death of Mr Patrick Ryan. I know work is being done on putting valves on cylinders so huffing cannot happen but, sadly, because of the time taken up with the dissent motion and the wish for me and the government to see this proceed through the second reading, I will leave my comments there and wish this bill a speedy passage through the house.

Members interjecting:

The SPEAKER: Order!

Mr BOYER (Wright) (11:16): I am pleased to finally have the opportunity—

Members interjecting:

The SPEAKER: Order, members on my right!

Mr BOYER: —here to close debate on second reading contributions. The house will most likely remember, I hope, that Patrick Ryan passed away in February of last year. It is about 14 months now since that tragic event occurred in Port Lincoln, when Patrick was at a party with some friends and made a spur of the moment decision, I guess you could describe it as, to try inhaling some LPG gas from a barbecue cylinder that was at the property. Paddy then died very quickly from what is referred to as sudden inhalation death syndrome, which essentially stopped his heart after he took a huff of that LPG.

The first responders from the Port Lincoln community were paramedics. When I visited Port Lincoln last year with some other members of this place, including the members for Cheltenham and Mawson, I had the opportunity to sit for the first time with Adrian Ryan, Patrick's father, and talk to him about, obviously, what the effect of his son's passing had been on him, which was nothing short of catastrophic. By chance, we also got the opportunity to speak to the paramedics who I believe were there and responded that night. It was confronting to listen to their stories of how attending the party and trying to revive Patrick for a considerable period of time affected them and how it has affected the Port Lincoln community more broadly.

We have, of course, had Mr Ryan in this place to observe debate before. On that occasion, I was hopeful that we might be able to continue debate. Unfortunately, we were unsuccessful, and that was a matter of deep regret to me and deeply upsetting to Mr Ryan, who was in tears because he had come here with hope in his heart that he would be able to witness in this place something positive come from his son's passing, but on that occasion it was not to be.

I have refrained on subsequent occasions from inviting Mr Ryan to come to parliament for this debate in case we have a repeat of that scenario, because I would not wish to put him through that again. I am hopeful that we might have more success on this occasion and will conclude my remarks by referring briefly to the contribution made by the Attorney at the second reading last year, which concluded by saying:

It is a tragic story for young Patrick Ryan, and I certainly hope, with the support of his family, to see change. With the sentiments expressed by the member in introducing this bill—the Hon. Connie Bonaros taking this issue up initially—we will exert sufficient pressure on the industry to do something here in South Australia before anywhere else, but if they do not, and we come back here in February, we will obviously be able to take up the issue.

Well, it is almost April now, so I hope that this house sees fit to finally take action on this very important matter and that we can do the little bit within our reach to ensure that another young life like that of Patrick Ryan is not lost to huffing of liquid petroleum gas.

Bill read a second time.

The Hon. A. KOUTSANTONIS: I move:

That Private Members Business, Bills, be extended until the completion of Order of the Day No. 3, Dangerous Substances (LPG Cylinder Labelling) Amendment Bill.

The SPEAKER: I will accept that motion as a precedence motion, that is, not with respect to time but with regard to precedence of this bill. In the circumstances, I accept the motion.

Motion carried.

Committee Stage

In committee.

Clause 1.

The Hon. V.A. CHAPMAN: I indicate to the house that this bill, as has rightly been pointed out by a number of speakers, follows the tragic death of Patrick Ryan. No-one knows the family better than the member for Flinders, who has been a passionate advocate for doing something about this. I also acknowledge the Hon. Connie Bonaros, who took up this formula as being an appropriate way, that is, mandating warnings in relation to any products that are sold that can cause this. Largely, it relates to gas cylinders with LPG contents sold for domestic use. Of course, they contain liquefied petroleum gas and therefore, when misused and inhaled, can and have caused at least this death and possibly others. This was the model that was presented.

I, too, want to place on the record the Premier's meeting with Adrian Ryan and my meeting with the member for Flinders on this matter and Mr Adrian Ryan, as well as one of those who attended to support the family in the circumstances, who I think also was one of the paramedics, though I am not sure whether she actually appeared on the day. This has brought a difficult issue to the fore for us to consider how we deal with it and whether we should have a mandatory imposition by virtue of this legislation for dangerous substances such as this.

What has happened since the introduction of this legislation, however, has been that negotiations have been underway with the industry, in particular the Australian Gas Association, which represents the people who deal with both the retailing and the labelling.

Two interesting things have happened. One is that the association has been consistent with seeking that there be more than a labelling, but a capacity for these cylinders to be made inhaling-proof—namely, that there be a physical addition to the structure to restrict the capacity for somebody to inhale—and then, thereby, the development of a valve system which members may or may not know is due to commence implementation as a requirement as of 1 April, which of course is tomorrow, so I am very pleased that that has been developed during this time.

Secondly, there have been ongoing discussions with the association on behalf of the industry as to effective labelling on the cylinder, where it should be placed, what size it should be and what it should comply with. Shortly, we will deal with some amendments that help to deal with that issue. That is really the substance of the impost proposed under this bill. I think it is fair to say it is near completion, so it certainly came as some surprise to me that the government would want to push ahead with the bill today in the knowledge that there seems to be agreement, particularly with Mr Adrian Ryan, on the labelling that has been developed by the association.

It is to include wording—some of which is foreshadowed in an amendment here today—and they have reached agreement as to how big that will be. The final thing is where it sits on the cylinder and, if it is applied, whether it can still sit under the valve and/or where it might be placed on the cylinder. These are mechanical things which at least have progressed in the development of what is to occur on a voluntary arrangement with the association.

I meant exactly what I said when I spoke on this bill at the second reading; that is, if the industry drag their feet and they do not come to some settlement about how they are going to act in relation to a warning, via a label or painted on or pictures of flames or whatever was going to be negotiated, then they will have to face a mandatory imposition of that.

I am very pleased that trying to resolve what is achievable, what is practical and what can be enforceable has with it now the development of the valve. I do not know how the valve operates. I am not a technical person in that regard, and I have not even been briefed on it, but I am assured that this is something that will add to the safety of consumers who operate this, in that they will not be able to inhale it physically, and I think that is to be applauded.

I do not in any way criticise the member for bringing this matter to the attention to the house, and for introducing it in any way. In fact, I am in support of Ms Bonaros's move to try to have some reinforcement and make the industry look at this as a necessary application if they do not come up with something themselves. I give them credit for having developed it this far. It seems to be close to resolution, but probably we will have to go through it all again now because we are going to have to do the regulations that go with all this to impose it.

I would ask that if the industry have got to that stage and are happy to voluntarily progress with the label they do so. I place on the record my request that they continue those discussions and negotiations. Ultimately, when this type of legislation goes through the parliament, there will have to be a process and there will have to be a regulation that sits with it. I expect some of these amendments will help to make clearer what is expected because it will be in the act and it will not need to be in the regulations. I will briefly address them as they are presented by the mover of the amendments. With those few words, I indicate that we will not have reached a mandatory imposition Australia-wide.

But bear in mind, however, that Easter is coming, so let me give you a classic example of what will happen when you do not have national application of these types of laws. Somebody comes along from Victoria (presumably they will not come from Queensland because we have hotspots everywhere up there) with their caravan this long weekend, over Easter. Doubtless, they will have already bought their cylinder or have an existing one on the back of their van for the purposes of gas supply while they are here, but they will not know about the laws we are discussing here in the parliament.

The act will not have been necessarily proclaimed obviously, but they will come into our state and they will have their holiday and, hopefully, they will safely use their cylinder and then they will go home. But next month, or in two months' time, when our law applies, those same Victorians can come back with the same cylinders bought in Victoria and still be able to be in our state with that product.

They will not be able to buy another one without a label on it, because in South Australia if they want to buy another one they are going to have to have a label on it—and hopefully it will have its valve on it—but they might still be using the other one. Some other child in the caravan park might go up and think, 'Well, this is beaut. This is one of those old ones,' and might use it, but we hope they will not, for purposes which might be fatal.

We need to have some responsibility in the house about what legislation we pass when others do not come with us. They may need to—and it should be that they need to, particularly if the industry does not progress with its voluntary intervention in the meantime—but if they do not, then we are left with that mess.

I commend the Hon. Connie Bonaros for raising this issue and bringing it to the attention of the parliament. I make no reflection on the member for introducing it here. There has been significant progress during the time of its introduction to today, with continued consultation with Mr Adrian Ryan, as there should be, because it is the plight and pain of his circumstance and his family's loss that we are all here for.

Clause passed.

Clauses 2 and 3 passed.

Clause 4.

Mr BOYER: I move:

Amendment No 1 [Boyer–2]—

Page 3, lines 2 to 7 [clause 4, inserted section 26A(2)]—Delete subsection (2) and substitute:

(2) For the purposes of this section, a cylinder in which gas is sold or supplied, or to which gas is transferred, must have a label with the following wording affixed to the body of the cylinder:

Intentional misuse by deliberate concentrated inhalation may cause injury or death.

There is not a great deal I need to add in terms of this amendment in my name. It talks about the actual wording of the label to ensure, as the Attorney just highlighted in her remarks, that it is consistent with what is being worked on in terms of the Gas Energy Australia voluntary scheme. That wording is to be—and we have taken advice on this to make sure it is consistent—'Intentional misuse by deliberate concentrated inhalation may cause injury or death'.

The Hon. V.A. CHAPMAN: I indicate that I have no objection to the amendment on the basis that, on the two draft labels I have seen during the course of these most recent discussions on the negotiation, it is exactly these words that have been settled upon to be included.

There has been some debate about where that should be in the list of other notices of concern, if I can put that in a general way, and directions on how to properly use the cylinder, in order from the bottom to the top. I think we have got to that stage; now it is just a question of whether those words be separated and placed more centrally or at some other location on the cylinder. There has been an advance on that, and I thank the industry for doing that. In the circumstances, I make no objection to the amendment.

Amendment carried.

Mr BOYER: I move:

Amendment No 2 [Boyer–2]—

Page 3, lines 13 to 16 [clause 4, inserted section 26A(4)]—Delete subsection (4) and substitute:

(4) The colours and lettering used on a label under subsection (1) must be in accordance with—

(a) AS 2700—2011 Colour standards for general purposes and AS 1319—1994 Safety signs for the occupational environment; or

(b) AS 4484 Gas cylinders for Industrial, Scientific, Medical and Refrigerant gas labelling and colour coding.

This amendment is not dissimilar to my amendment No. 1 in the sense that this is ensuring that the label to be affixed to cylinders meets the Australian standards, in particular AS2700-2011, which is (a) colour standards for general purposes, and safety signs for the occupational environment, and (b) Australian standard 4484: gas cylinders for industrial, scientific, medical and refrigerant gas labelling and colour coding.

As per the first amendment in terms of what the actual wording on the label is to be, this amendment is to make sure that, in terms of how it is presented, it is consistent with other like labels in similar industries.

The Hon. V.A. CHAPMAN: I indicate that it is a little unusual to refer an obligation in the act to be in accordance with certain standards. I would suggest that probably what would have been preferable was to prescribe the label, and that would usually be done by regulation, sometimes because that makes it more manageable to vary, especially as national standards, whatever they may be, change.

It is a little novel in the way this is being progressed, but nevertheless, again on the documents that I have seen, during the course of the discussion of progressing what is to be, they are all in the red and yellows, which I understand are compliant with these guidelines and standards that are to be applied for the purposes of safety signs on equipment such as these.

I therefore have no reason to suggest that there is any deviation from those obligations. However, I just note that if there is to be a change—and there may need to be a further change—that will need to come back to the parliament, but otherwise I make no other contribution.

Amendment carried.

Mr BOYER: I move:

Amendment No 3 [Boyer–2]—

Page 3, after line 20 [clause 4, inserted section 26A]—After subsection (5) insert:

(5a) This section does not apply in respect of the sale or supply of a cylinder that—

(a) has a water capacity of less than 500 ml and is designed as a cartridge to be used in or as part of a camp stove; or

(b) has a water capacity of more than 25 L.

This amendment relates to the size of cylinders to which this will apply if it is successful. Again, we have taken advice from Gas Energy Australia and other people in the industry about what is the most appropriate size of cylinders to affix these labels to, and that is not less 500 ml and not more than 25 litres.

In the original draft of this I believe I had 10 instead of 25 based on what is the normal size of an LPG cylinder that is around a domestic property. After taking advice from Gas Energy Australia, it was made clear to us that there would be no issue, they thought, in increasing that up to 25 litres, so in the name of being cautious and thorough we have done so.

The Hon. V.A. CHAPMAN: I acknowledge the amendment as being an improvement to what was in the bill, because, quite simply, to have such an application to such a broad range of products was, of course, going to be impractical and unrealistic in relation to its implementation.

Just to give one example to the parliament of what can occur in these circumstances, many of those who are here represent country districts and many would appreciate that, in the country, you do not have lots of things on tap, and one of them is gas. Cylinders are therefore a provision of energy source for many people who do not have that immediate facility online.

Sometimes they also have to provide their own water, their own power and everything else, but gas is one of those areas where it is still a commonly utilised product, sometimes for heating for hot-water systems, sometimes it is for equipment for stock use, sometimes it is for using a gas stove in a home like any other person would use. So very large cylinders are delivered or collected, and they are often installed.

They are much bigger than what you see on the back of a caravan, and they are much bigger than what you see at someone's local barbecue, but they are a necessary source of energy for those purposes. I would suggest that it would be unrealistic to expect that the same labelling and process would apply in relation to what is essentially a commercial use.

Obviously, there are always obligations in relation to the storage of fuel and other dangerous substances, so there are a whole lot of other laws that can protect in relation to that. But, the likelihood of someone accessing that resource for the purpose of huffing gas, as is described, of course would be extremely remote. I think the member has quite appropriately listened to the industry and modified with this amendment.

Amendment carried; clause as amended passed.

New schedule 1.

Mr BOYER: I move:

Amendment No 1 [Boyer–3]—

Page 3, after line 24—After clause 4 insert:

Schedule 1—Transitional provision

1—Transitional provision—Existing labels

(1) Section 26A of the Dangerous Substances Act 1979 as inserted by this Act does not apply in respect of a cylinder in circumstances where—

(a) a label containing the prescribed wording was affixed to the body of the cylinder before the commencement of this Act; and

(b) the prescribed wording on the label is and remains clear and legible.

(2) In this clause—

prescribed wording means the wording or statement required on a label under section 26A(2) of the Dangerous Substances Act 1979 as in force after the commencement of this Act.

This amendment, as per the previous ones I have already moved this morning, is moved on advice from Gas Energy Australia and industry in terms of where the requirements of this bill, should it be successful, do not apply, specifically in terms of a label containing the prescribed wording already being fixed to the body of the cylinder before the commencement of the act, and the prescribed wording on the label is and remains clear and legible at that point. This amendment is to make it clear that in those cases there is no requirement to affix a new label to a cylinder that falls within the categories mentioned in the previous schedule and that amendment.

The Hon. V.A. CHAPMAN: I note the change of the schedule. Again, this is really to correct a circumstance that has arisen because, unfortunately, this legislation came to the parliament without any broad consultation being undertaken and, of course, that is precisely why we need to carefully consider these matters.

As it has turned out, while there has been some delay in the development of this law, there have been ongoing negotiations and the association, though, has raised a number of matters, but there have also been groups, such as the Australasian Convenience and Petroleum Marketers Association and other retailers, that have now had a say and been able to explain the practical application of these things.

It is a lesson to everyone in the parliament that it is important to bring to the public attention and to this parliament issues where there is a great concern, whether it is hoon driving or anything else, but it is also important to do some of the work before you get here; otherwise, it will fracture the prompt advancement of these things if they are not done properly. Mr Chair, you are very well aware of the circumstances that led to the development of this legislation. It is painful and it is a tragedy. I am pleased we are reaching a resolution of this matter and I do not raise any concerns about this amendment being progressed.

New schedule inserted.

Title passed.

Bill reported with amendment.

Third Reading

Mr BOYER (Wright) (11:44): I move:

That this bill be now read a third time.

I might make some very brief closing remarks of my own, just to thank some people who have been involved in the preparation of the bill and those who have been integral to helping me ensure that it reaches this point, including the Hon. Connie Bonaros MLC from the other place who is here listening to the debate, whose bill this is. I am very thankful that she gave me the opportunity to take carriage of it in this place on her behalf.

To you, Deputy Speaker, we would not be getting this passed without your support today. That is not lost upon me, it is not lost upon Adrian Ryan and it is not lost upon the Hon. Connie Bonaros, and we thank you for your advocacy and your courage in crossing the floor. I am sure that members of your local community, although they will not have you standing at the next election, will remember your support on some of these really important issues, so thank you.

To those Independent members of this chamber who have supported this bill at a number of key junctures, including the member for Florey, the member for Frome and the member for Mount Gambier as well, I thank you greatly for your support. I also thank the member for Narungga for his support in more recent times.

I would also like to make reference one final time to the member for Mawson, the member for Cheltenham and the Hon. Kyam Maher in the other place, who joined me on a trip to Port Lincoln last year and sat down with me while we spoke to Mr Ryan and the paramedics. They have since helped me within our own side here, and I thank them for that. Also, those not from our side of politics who have found their way to support this bill by my encouraging them to do what I believe is the right thing, I thank you for your support on this matter.

Finally, the most important thanks by far go to Adrian Ryan. It is hard to describe him without sounding in some way insulting, but I am sure Adrian himself would be fine with me referring to him as a genuine kind of knockabout Aussie bloke not inclined to seek the attention or the spotlight on issues like this, but due to very tragic circumstances in the passing of his own child he decided to channel the immense grief that he felt into trying to do something to ensure it did not happen to another family.

I have to say, I am sure that would be really difficult to do after the passing of one's child. I can only imagine the anger and rage you would feel. I think it would be very difficult to find a way to channel that into doing something constructive instead of just remaining angry at the world, but, incredibly, Adrian did that and he has kept at it.

I can tell you that there is no more powerful advocate for this bill than Adrian Ryan. He might be your knockabout Aussie bloke who is not known to stand and speak publicly or engage himself in issues like this, but when you sit down with him and he speaks from the heart about what happened on that night and the effect it has had on his family and the effect it has had on first responders in Port Lincoln, I challenge anyone to have that conversation with Adrian and walk away and not support a bill like this.

This is really his work. I hope it will be referred to as Paddy's Law, but it is Adrian Ryan who has done this. I hope that when Adrian reads the remarks from today he feels a sense of pride in what he has achieved and that when he remembers his son, as I know he does every single day, there is just a small glimmer of positivity in terms of what has come out of this. To Adrian I say: this was you who did this. I am extremely honoured to have played the small role I have in making it a reality.

Bill read a third time and passed.

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