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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2024-08-28 Daily Xml
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Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Bill

Introduction and First Reading

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (15:53): Obtained leave and introduced a bill for an act to amend the Automated External Defibrillators (Public Access) Act 2022. Read a first time.

Second Reading

The Hon. C.J. PICTON (Kaurna—Minister for Health and Wellbeing) (15:53): I move:

That this bill be now read a second time.

I rise today rise today to introduce the Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Bill 2024. In 2022, our government was proud to support the Automated External Defibrillators (Public Access) Bill 2022, which was historic legislation brought to this parliament by the Hon Frank Pangallo.

This legislation will make life-saving defibrillators mandatory in public buildings such as schools, universities, libraries, sporting facilities, local council offices, theatres and swimming pools to help save the lives of South Australians from cardiac arrest. This Australian-first legislation is an important measure to protect our community, ensuring access to crucial heart-starting equipment when it is needed most. Legislation follows the lead of many organisations and businesses already installing automated external defibrillators (AEDs), providing access for customers and team members who may suffer a sudden cardiac arrest or be required to step in and assist.

The South Australian government has already taken positive steps to install AEDs in some of the places this legislation mandates, including CFS, MFS and SES vehicles. We have also commenced a new grant program helping the community and sporting organisations purchase AEDs, with the first round of the South Australian AED Grants Program opening in May this year, offering $1,000 grants to the not-for-profit community, cultural and sporting organisations to assist with the cost of purchasing a defibrillator for their building or facility.

The AED Grants Program is able to assist eligible community and sporting organisations to have AEDs installed by 1 January 2026 in line with the requirements of legislation. The first round of the program provided over 200 grants to over 160 organisations right across South Australia. There is substantial evidence that widespread access to AEDs can help prevent deaths by cardiac arrest.

According to the Heart Foundation, time is everything in a cardiac arrest. Every minute without defibrillation to restart the heart reduces the chance of survival by 10 per cent, and if bystanders have not been trained in CPR, that means that time is wasted. Public access to AEDs will reduce that risk. The South Australian government is currently in the process of implementing this legislation, which will commence from 1 January 2025 for government-owned buildings and 1 January 2026 for non-government.

The bill before the parliament is a culmination of the work of the Hon. Frank Pangallo and the government on this important initiative to increase AED availability within the South Australian community. The government has considered the views of a wide range of stakeholders to ensure the legislative regulatory framework for installation of AEDs can be operationalised in the most effective manner. This bill proposes to amend the act for the purposes of removing ambiguity around the applicability, scope and requirements of the act, which will enable consistent interpretation and application.

I seek leave to have the remainder of my second reading speech and the explanation of clauses inserted in Hansard without my reading them.

Leave granted.

The proposed amendments have ensured the intent of the act is strengthened by requiring the installation of AEDs in buildings or facilities which are publicly accessible, noting the intent of the act is to increase the availability of AEDs in public areas to be used by the community in the event of a cardiac arrest.

Furthermore, the amendments ensure there is a clear distinction between AEDs required to be installed by building owners to be used by members of the public in accordance with the act, as opposed to AEDs which are installed by an entity for a work health and safety purpose, which sit outside the scope of the act.

The Bill has been supported by stakeholders across government and non-government entities, mainly due to the added definitions which clarify the scope and legal obligations under the act.

Key provisions in the bill include:

Refined definition clauses to clarify the applicability of the act by defining key words.

Including a definition for 'owner' in the act will ensure a clear distinction is drawn between the obligations imposed by the act on a building owner versus a tenant.

Additionally, the proposed definitions to clarify what is regarded as a building or facility for the purposes of the act will see smaller businesses being carved out from the requirement to comply with the act, noting the act was not intended to capture smaller businesses and cafes, with the aim to ease pressure off those businesses.

A new provision for the exclusion of certain buildings and facilities from the requirements of the act for reasons including:

Instances where there is a superior response mechanism in place and the presence of trained medical staff.

Instances in which the presence of an AED present safety concerns.

Instances where building or facility is entirely not accessible to the public and therefore the mandated presence of AEDs would not align with the intent of the act.

The requirement to install AEDs within the floor area that is publicly accessible.

Removal of the requirement to annually test an AED in accordance with advice from the department's biomedical experts and advice received from consultation confirmed that AEDs should be maintained in accordance with manufacturer instructions to ensure optimal device performance in the event of an emergency.

Removal of the requirement for the minister to establish a training scheme under the act, noting first aid training is governed by the Work Health and Safety Act 2021 and the Education and Care Services National Law.

A new provision is proposed which enables the making of exemptions on a case-by-case basis to the requirements of the act.

A new provision is proposed which enables the minister to confer their functions under the act to a specified body or person.

The current act contains limited and narrow regulation-making powers, which do not enable standardisation or operationalisation of the act's requirements. The bill proposes to allow broader regulation making powers to support effective operationalisation of the act.

A new provision is proposed to give power to the minister to appoint a suitable person to be an authorised officer. This provision aims to strengthen compliance with the act, as authorised officers appointed under the act will have powers to confirm that installation, registration, and maintenance of AEDs by building owners meet the requirements of the act.

The Bill proposes a delayed commencement date for prescribed vehicles due to the logistical implications of removing fleet to enable installation of AEDs on public buses, noting almost all fleet are in use.

It is this government's view that the bill before the parliament strikes a balance between upholding the intent of the act whilst also ensuring it can be operationalised in the most effective manner.

I would like to thank the many people who have provided feedback to the public consultation on this bill earlier this year. I sincerely hope the passage of this bill will be supported to support the implementation of this important legislation and to improve access to crucial heart-starting equipment when it is needed most. I commend the bill to the house and note, Mr Deputy Speaker, your keen interest in making sure that people survive heart attacks.

Debate adjourned on motion of Mr Batty.

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